SCHEDULE
Rule 10
SCHEDULE
“PART 52
APPEALS
SECTION I SCOPE AND INTERPRETATION |
|
52.1 |
Scope and interpretation |
52.2 |
Parties to comply with Practice Directions 52A to 52E |
SECTION II PERMISSION TO APPEAL – GENERAL |
|
52.3 |
Permission to appeal |
52.4 |
Determination of application for permission to appeal to the County Court and High Court |
52.5 |
Determination of application for permission to appeal to the Court of Appeal |
52.6 |
Permission to appeal test – first appeals |
52.7 |
Permission to appeal test – second appeals |
SECTION III PERMISSION TO APPEAL – JUDICIAL REVIEW APPEALS, PLANNING STATUTORY REVIEW APPEALS AND APPEALS FROM THE EMPLOYMENT APPEAL TRIBUNAL |
|
52.8 |
Judicial review appeals from the High Court |
52.9 |
Judicial review appeals from the Upper Tribunal |
52.10 |
Planning statutory review appeals |
52.11 |
Appeals from the Employment Appeal Tribunal |
SECTION IV ADDITIONAL RULES |
|
52.12 |
Appellant’s notice |
52.13 |
Respondent’s notice |
52.14 |
Transcripts at public expense |
52.15 |
Variation of time |
52.16 |
Stay |
52.17 |
Amendment of appeal notice |
52.18 |
Striking out appeal notices and setting aside or imposing conditions on permission to appeal |
52.19 |
Orders to limit recoverable costs of an appeal |
52.20 |
Appeal court’s powers |
52.21 |
Hearing of appeals |
52.22 |
Non-disclosure of Part 36 offers and payments |
SECTION V SPECIAL PROVISIONS RELATING TO THE COURT OF APPEAL |
|
52.23 |
Assignment of appeals to the Court of Appeal |
52.24 |
Who may exercise the powers of the Court of Appeal |
SECTION VI SPECIAL PROVISIONS RELATING TO STATUTORY APPEALS |
|
52.25 |
Statutory appeals – court’s power to hear any person |
52.26 |
Appeals under the Law of Property Act 1922 |
52.27 |
Appeals from certain tribunals |
52.28 |
Appeals under certain planning legislation |
52.29 |
Appeals under certain legislation relating to pensions |
SECTION VII REOPENING FINAL APPEALS |
|
52.30 |
Reopening of final appeals |
Scope and interpretation
Scope and interpretation
The rules in this Part apply to appeals to—
the civil division of the Court of Appeal;
the High Court; and
the County Court.
This Part does not apply to an appeal in detailed assessment proceedings against a decision of an authorised court officer.
In this Part—
“appeal” includes an appeal by way of case stated;
“appeal court” means the court to which an appeal is made;
“lower court” means the court, tribunal or other person or body from whose decision an appeal is brought;
“appellant” means a person who brings or seeks to bring an appeal;
“respondent” means—
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
a person who is permitted by the appeal court to be a party to the appeal; and
“appeal notice” means an appellant’s or respondent’s notice.
This Part is subject to any rule, enactment or practice direction which sets out special provisions with regard to any particular category of appeal.
Parties to comply with Practice Directions 52A to 52E
All parties to an appeal must comply with Practice Directions 52A to 52E.
Permission to appeal – General
Permission to appeal
An appellant or respondent requires permission to appeal—
where the appeal is from a decision of a judge in the County Court or the High Court, or to the Court of Appeal from a decision of a judge in the family court, except where the appeal is against—
a committal order;
a refusal to grant habeas corpus; or
a secure accommodation order made under section 25 of the Children Act 19893; or
as provided by Practice Directions 52A to 52E.
(Other enactments may provide that permission is required for particular appeals.)
An application for permission to appeal may be made—
to the lower court at the hearing at which the decision to be appealed was made; or
to the appeal court in an appeal notice.
(Rule 52.12 sets out the time limits for filing an appellant’s notice at the appeal court. Rule 52.13 sets out the time limits for filing a respondent’s notice at the appeal court...