Appeals
| Author | Nasreen Pearce |
| Pages | 345-358 |
Chapter 13
Appeals
13.1 INTRODUCTION
CPR Part 52 and PD 52 apply to all appeals, including those under the I(PFD)A
1975, and provide a uniform procedure for appeals in the county courts, the High
Court and the Court of Appeal. The CPR are amended periodically and care
should be taken to ensure that the correct rules are followed. It is important that
the procedure laid down in the rules and Practice Directions is followed.
This chapter is no t intended to provide a detailed commentary on the rules,
Practice Directions and case studies. It sets out just the bare bones of the matters
that should not be ignored.
13.2 PERMISSION TO APPEAL
Access to Justice Act 1999, s 54 provides that any right of appeal from the county
court or the High Court and the Court of Appeal may be exercised only with
permission.
CPR r 52.3(1) provides that permission to appeal from the decision of a judge in
the county court or the High Court is required in all cases.
An application for permission to appeal should be made orally to the trial judge
at the conclusion of the final hearing. If the application is refused or if the
application is made subsequently, it should be made to the appeal court in the
notice of appeal. If the application for permission is not made at the conclusion
of the hearing, the appellant should not seek to apply for leave in the lower court
(CPR PD 52A, para 4.1; see, also, para 4.7 and PD 52C, paras 15 and 16 in relation
to appeal to the Court of Appeal). When applying for permission to appeal, a
reason or explanation for seeking permission to appeal is required.
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