Appeals Notes

APPEALS, CPR 52

52.1, Scope and interpretation

• (1) The rules in this Part apply to appeals to:

  • (a) the civil division of the CA;

  • (b) the High Court; and

  • (c) the County Court.

• (2) This party does not apply to an appeal in detailed assessment proceedings against a decision of an authorised court officer.

• (3) In this part:

  • “Appeal” includes an appeal by way of case stated;

  • “Appeal court” = the court to which an appeal is made;

  • “Lower Court” = the court, tribunal or other person or body from whose decision an appeal is brought;

  • “appellant” = a person who brings or seeks to bring an appeal

  • “respondent” =

    • (i) a person other than the appellant who was a party to the proceedings in the lower court and who is affected by the appeal; and

    • (ii) a person who is permitted by the appeal court to be a party to the appeal;

  • “appeal notice” = an appellant’s or respondent’s notice.

• (4) This part is subject to any rule/enactment/PD which sets out special provisions re any particular category of appeal.

52.3, Permission to appeal

• (1) an appellant or respondent requires permission to appeal:

  • (a) where the appeal is made from a decision of a judge in the County Court or the High Court; or to the CA from a decision of a judge in the family court; except where the appeal is against [[no permission needed where]]:

    • (i) a committal order;

    • (ii) a refusal to grant habeas corpus; or

    • (iii) a secure accommodation order under s25 Children Act 1989 or s119 Social Services & Well-Being (Wales) Act 2014; or

  • (b) as provided by PD 52A to 52E.

  • [[so basically you always require permission to appeal except in above 3 situations]]

• (2) An application for permission to appeal may be made:

  • (a) to the lower court, at the hearing at which the decision to be appealed was made; OR

  • (b) to the appeal court, in an appeal notice.

• (r52.12 re time limits for filing an appellant’s notice at the appeal court; r52.13 time limits for filing a respondent’s notice at the appeal court. Any application for permission to appeal to the appeal court must be made in the appeal notice).

• Application to lower court normally made orally, at the end of the hearing.

• (3) Where the lower court refuses an application for permission to appeal:

  • (a) a further application for permission made be made to the appeal court; and

  • (b) the order refusing permission must specify:

    • (i) the court to which any further application for permission should be made; and

    • (ii) the level of judge who should hear the application.

52.4, Determination of applications for permission to appeal to the County Court and High Court

• (1) Where an application for permission to appeal is made to an appeal court other than the Court of Appeal the appeal court will determine the application on paper, without an oral hearing, unless court orders otherwise; OR as provided for under para (2).

• (2) Subject to para (3), and except where a rule/PD provides otherwise, where the appeal court, without a hearing, refuses permission to appeal the person seeking permission may request the decision to be considered at an oral hearing.

  • (6) a request under (2) , must be filed within 7 DAYS after service of the notice that permission is refused.

• SO 3 OPPORTUNITIES TO OBTAIN PERMISSION to appeal (where appeal is not to CA):

  • (1) in lower court, made orally

  • (2) seek permission (in appeal notice) from appeal court on the papers without a hearing

  • (3) within 7 days of notice of refusal, request reconsideration at an oral hearing.

• (3) where in the appeal court a judge of the High Court/Designated Civil Judge/or Specialist Circuit Judge, refuses permission to appeal without an oral hearing; and considers that the application is totally without merit the judge may make an order that the person seeking permission may NOT request decision to be reconsidered at an oral hearing.

  • (4) For the purposes of (3), “Specialist Circuit Judge = any Circuit Judge in the County Court nominated to hear cases in the Circuit Commercial, Chancery or Technology and Construction Court lists.

• (5) r3.3(5) [party able to apply to set aside a decision made of court’s own initiative] does NOT apply to an order made under (3) (an order that the person seeking permission may not request the decision to be reconsidered at an oral hearing)

52.5, Determination of applications for permission to appeal (first appeals) to the Court of Appeal

• (1) where an application for permission to appeal is made to the CA the CA will determine the application on paper without an oral hearing; EXCEPT as provided for in (2).

• (2) the judge considering the application on paper may direct that the application be determined at an oral hearing;

  • and MUST so direct IF judge is of opinion that the application cannot be fairly determined without an oral hearing.

• [[whichever method CA choose, paper or oral, there’s no right to request reconsideration if refused. CF above for County/High Court, if refused on paper, can apply for oral hearing]]

• (3) An oral hearing directed under (2) must be listed:

  • (a) no later than 14 days from date of the direction under that para; and

  • (b) before the judge who made that direction

  • unless court directs otherwise

• (4) The CA may, in any direction under (2):

  • (a) identify any issue(s) on which the party seeking permission should specifically focus its submissions at the oral hearing in order to assist the court to determine the application; and

  • (b) direct the respondent to serve & file written submissions and to attend the oral hearing.

• So 2 OPPORTUNITIES for permission to appeal if appeal is to CA:

  • (1) at lower court, mode orally

  • (2) permission through appeal notice to CA. Determined on papers (unless judge decides can only be fairly determined with an oral hearing, will be within 14 days after the direction).

52.6, Permission to appeal test – first appeals

• (1) except where r52.7 applies [second appeals], permission to appeal may be given ONLY where:

  • (a) the court considers that...

Buy the full version of these notes or essay plans and more in our BPTC Civil Ligitation Notes.