Amendments to the Civil Procedure Rules 199814
After Section II of Part 52, insert Section III as follows—
Section III—Provisions about reopening appeals
Reopening of final appeals52.17
1
The Court of Appeal or the High Court will not reopen a final determination of any appeal unless—
a
it is necessary to do so in order to avoid real injustice;
b
the circumstances are exceptional and make it appropriate to reopen the appeal; and
c
there is no alternative effective remedy.
2
In paragraphs (1), (3), (4) and (6), “appeal” includes an application for permission to appeal.
3
This rule does not apply to appeals to a county court.
4
Permission is needed to make an application under this rule to reopen a final determination of an appeal even in cases where under rule 52.3(1) permission was not needed for the original appeal.
5
There is no right to an oral hearing of an application for permission unless, exceptionally, the judge so directs.
6
The judge will not grant permission without directing the application to be served on the other party to the original appeal and giving him an opportunity to make representations.
7
There is no right of appeal or review from the decision of the judge on the application for permission, which is final.
8
The procedure for making an application for permission is set out in the practice direction.