Amendment of Part 5224

1

In the Table of Contents to the Part—

a

after the entry for rule 52.3 insert—

Permission to appeal in certain contempt proceedings

Rule 52.3A

b

after the entry for rule 52.7 insert—

Permission to appeal in contempt proceedings where the appeal lies to the Supreme Court

Rule 52.7A

c

after the entry for rule 52.15 insert—

Variation of time in certain contempt proceedings

Rule 52.15A

2

In rule 52.1—

a

for paragraph (1) substitute—

1

The rules in this Part apply to—

a

appeals to the civil division of the Court of Appeal;

b

appeals to the High Court;

c

appeals to the County Court;

d

applications made in the High Court or the Court of Appeal for permission to appeal to the Supreme Court in contempt proceedings; and

e

applications made in the Court of Appeal for permission to appeal to the Supreme Court in proceedings other than contempt proceedings.

b

in paragraph (3)—

i

in sub-paragraph (b), after “made” insert “but does not include the Supreme Court”;

ii

in sub-paragraph (c), after “brought” insert “but does not include the Court of Appeal”;

iii

in sub-paragraph (e)(ii), at the end omit “and”;

iv

in sub-paragraph (f), for the full stop substitute “; and”; and

v

after sub-paragraph (f) insert—

g

reference to an appeal in contempt proceedings is reference to—

i

an appeal by a defendant in respect of any order or decision made by a court in the exercise of its jurisdiction to punish for contempt of court or under an enactment enabling the court to deal with an offence as if it were a contempt of court or under section 14, 92 or 118 of the County Courts Act 1984; and

ii

an appeal by an applicant in respect of any order made on an application for committal or attachment.

3

In rule 52.3—

a

in paragraph (1)—

i

in sub-paragraph (a)(i), after “order” insert “made in the County Court or by a single judge of the High Court not sitting on an appeal”;

ii

in sub-paragraph (a)(iii), at the end omit “or”;

iii

in sub-paragraph (b), at the end for the full stop substitute “; or”; and

iv

after sub-paragraph (b) insert—

c

where the appeal is from the decision of—

i

a Divisional Court in contempt proceedings;

ii

a single judge of the High Court made on appeal in contempt proceedings;

iii

the Court of Appeal in contempt proceedings; or

iv

the Court of Appeal in proceedings other than contempt proceedings.

b

in paragraph (2), for “An” substitute “Unless the appeal is within paragraph (1)(c), an”; and

c

in paragraph (3), for “Where” substitute “Unless the appeal is within paragraph (1)(c), where”.

4

After rule 52.3 insert—

Permission to appeal in certain contempt proceedings52.3A

1

Where the appeal is one to which rule 52.3(1)(c)(i), (ii) or (iii) applies—

a

an application for permission to appeal must be made to the Divisional Court or the single judge of the High Court or the Court of Appeal (as the case may be); and

b

the application must be made within 28 days of the date on which that Court provides reasons for its decision.

2

Where the appeal is one to which rule 52.3(1)(c)(iv) applies, an application for permission to appeal must be made to the Court of Appeal.

5

In rule 52.6(1), after “52.7” insert “or rule 52.7A”.

6

After rule 52.7 insert—

Permission to appeal in contempt proceedings where the appeal lies to the Supreme Court52.7A

1

This rule applies where the appeal is—

a

one to which rule 52.3(1)(c)(ii) applies; or

b

from a decision to which rule 52.3(1)(c)(i) or (iii) applies and which was itself made on appeal.

2

Where this rule applies the court from which the appeal lies may grant permission only if—

a

that court certifies that a point of general public importance is involved in the decision; and

b

it appears to that court that the point is one which ought to be considered by the Supreme Court.

7

In rule 52.8(1), after “Court of Appeal” insert “except where precluded by section 18(1)(a) of the Senior Courts Act 19817.

8

After rule 52.15 insert—

Variation of time in certain contempt proceedings52.15A

A defendant in contempt proceedings may apply to extend the time set out at rule 52.3A(1)(a) and (b).