PART 52 - APPEALS

Contents of this Part

Title Number
I GENERAL RULES ABOUT APPEALS
Scope and interpretation Rule 52.1
Parties to comply with Practice Directions 52A to 52E Rule 52.2
Permission Rule 52.3
Appellant’s notice Rule 52.4
Respondent’s notice Rule 52.5
Transcripts at public expense Rule 52.5A
Variation of time Rule 52.6
Stay
Rule 52.7
Amendment of appeal notice Rule 52.8
Striking out appeal notices and setting aside or imposing conditions on permission to appeal Rule 52.9
Orders to limit the recoverable costs of an appeal Rule 52.9A
Appeal court’s powers Rule 52.10
Hearing of appeals Rule 52.11
Non-disclosure of Part 36 offers and payments Rule 52.12
Statutory appeals – court’s power to hear any person Rule 52.12A
II SPECIAL PROVISIONS APPLYING TO THE COURT OF APPEAL
Second appeals to the court Rule 52.13
Assignment of appeals to the Court of Appeal Rule 52.14
Judicial review appeals from the High Court Rule 52.15
Judicial review appeals from the Upper Tribunal Rule 52.15A
Who may exercise the powers of the Court of Appeal Rule 52.16
III Provisions about reopening appeals
Reopening of final appeals Rule 52.17
IV Statutory rights of appeal
Appeals under the Law of Property Act 1922 Rule 52.18
Appeals from certain tribunals Rule 52.19
Appeals under certain planning legislation Rule 52.20

I GENERAL RULES ABOUT APPEALS

Scope and interpretation

52.1

(1) The rules in this Part apply to appeals to –

(a) the civil division of the Court of Appeal;

(b) the High Court; and

(c) the County Court.

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

(Rules 47.21 to 47.24 deal with appeals against a decision of an authorised court officer in detailed assessment proceedings)

(3) In this Part –

(a) ‘appeal’ includes an appeal by way of case stated;

(b) ‘appeal court’ means the court to which an appeal is made;

(c) ‘lower court’ means the court, tribunal or other person or body from whose decision an appeal is brought;

(d) ‘appellant’ means a person who brings or seeks to bring an appeal;

(e) ‘respondent’ means –

(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; and

(f) ‘appeal notice’ means an appellant’s or respondent’s notice.

(4) This Part is subject to any rule, enactment or practice direction which sets out special provisions with regard to any particular category of appeal

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Parties to comply with Practice Directions 52A to 52E

52.2  All parties to an appeal must comply with Practice Directions 52A to 52E.

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Permission

52.3

(1) An appellant or respondent requires permission to appeal –

(a) where the appeal is from a decision of a judge in the County Court or the High Court, except where the appeal is against –

(i) a committal order;

(ii) a refusal to grant habeas corpus; or

(iii) a secure accommodation order made under section 25 of the Children Act 19891; or

(b) as provided by Practice Direction 52.

(Other enactments may provide that permission is required for particular appeals)

(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.

(Rule 52.4 sets out the time limits for filing an appellant’s notice at the appeal court. Rule 52.5 sets out the 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 (see rules 52.4(1) and 52.5(3))

(Rule 52.13(1) provides that permission is required from the Court of Appeal for all appeals to that court from a decision of the County Court or the High Court which was itself made on appeal)

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

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

(b) the order refusing permission will specify—

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

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

(4) Subject to paragraph (4A) and except where a rule or practice direction provides otherwise, where the appeal court, without a hearing, refuses permission to appeal, the person seeking permission may request the decision to be reconsidered at a hearing.

(4A)

(a) Where a judge of the Court of Appeal or of the High Court, a Designated Civil Judge or a Specialist Circuit Judge refuses permission to appeal without a hearing and considers that the application is totally without merit, the judge may make an order that the person seeking permission may not request the decision to be reconsidered at a hearing.

(b) For the purposes of subparagraph (a) "Specialist Circuit Judge" means any Circuit Judge in the County Court nominated to hear cases in the Mercantile, Chancery or Technology and Construction Court lists.

(4B) Rule 3.3(5) will not apply to an order that the person seeking permission may not request the decision to be reconsidered at a hearing made under paragraph (4A).

(5) A request under paragraph (4) must be filed within 7 days after service of the notice that permission has been refused.

(6) Permission to appeal may be given only where –

(a) the court considers that the appeal would have a real prospect of success; or

(b) there is some other compelling reason why the appeal should be heard.

(7) An order giving permission may –

(a) limit the issues to be heard; and

(b) be made subject to conditions.

(Rule 3.1(3) also provides that the court may make an order subject to conditions)

(Rule 25.15 provides for the court to order security for costs of an appeal)

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Appellant’s notice

52.4

(1) Where the appellant seeks permission from the appeal court it must be requested in the appellant’s notice.

(2) The appellant must file the appellant’s notice at the appeal court within –

(a) such period as may be directed by the lower court (which may be longer or shorter than the period referred to in sub-paragraph (b)); or

(b) where the court makes no such direction, 21 days after the date of the decision of the lower court that the appellant wishes to appeal.

(3) Subject to paragraph (4) and unless the appeal court orders otherwise, an appellant’s notice must be served on each respondent –

(a) as soon as practicable; and

(b) in any event not later than 7 days,

after it is filed.

(4) Where an appellant seeks permission to appeal against a decision to refuse to grant an interim injunction under section 41 of the Policing and Crime Act 20092 the appellant is not required to serve the appellant’s notice on the respondent.

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Respondent’s notice

52.5

(1) A respondent may file and serve a respondent’s notice.

(2) A respondent who –

(a) is seeking permission to appeal from the appeal court; or

(b) wishes to ask the appeal court to uphold the order of the lower court for reasons different from or additional to those given by the lower court,

must file a respondent’s notice.

(3) Where the respondent seeks permission from the appeal court it must be requested in the respondent’s notice.

(4) A respondent’s notice must be filed within–

(a) such period as may be directed by the lower court; or

(b) where the court makes no such direction, 14 days after the date in paragraph (5).

(5) The date referred to in paragraph (4) is –

(a) the date the respondent is served with the appellant’s notice where –

(i) permission to appeal was given by the lower court; or

(ii) permission to appeal is not required;

(b) the date the respondent is served with notification that the appeal court has given the appellant permission to appeal; or

(c) the date the respondent is served with notification that the application for permission to appeal and the appeal itself are to be heard together.

(6) Unless the appeal court orders otherwise a respondent’s notice must be served on the appellant and any other respondent–

(a) as soon as practicable; and

(b) in any event not later than 7 days,

after it is filed.

(7) This rule does not apply where rule 52.4(4) applies.

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Transcripts at public expense

52.5A

(1) Subject to paragraph (2), the lower court or the appeal court may direct, on the application of a party to the proceedings, that an official transcript of the judgment of the lower court, or of any part of the evidence or the proceedings in the lower court, be obtained at public expense for the purposes of an appeal.

(2) Before making a direction under paragraph (1), the court must be satisfied that—

(a) the applicant qualifies for fee remission or is otherwise in such poor financial circumstances that the cost of obtaining a transcript would be an excessive burden; and

(b) it is necessary in the interests of justice for such a transcript to be obtained.

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Variation of time

52.6

(1) An application to vary the time limit for filing an appeal notice must be made to the appeal court.

(2) The parties may not agree to extend any date or time limit set by –

(a) these Rules;

(b) Practice Direction 52; or

(c) an order of the appeal court or the lower court.

(Rule 3.1(2)(a) provides that the court may extend or shorten the time for compliance with any rule, practice direction or court order (even if an application for extension is made after the time for compliance has expired))

(Rule 3.1(2)(b) provides that the court may adjourn or bring forward a hearing)

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Stay(GL)

52.7  Unless –

(a) the appeal court or the lower court orders otherwise; or

(b) the appeal is from the Immigration and Asylum Chamber of the Upper Tribunal,

an appeal shall not operate as a stay of any order or decision of the lower court.

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Amendment of appeal notice

52.8  An appeal notice may not be amended without the permission of the appeal court

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Striking out(GL) appeal notices and setting aside or imposing conditions on permission to appeal

52.9

(1) The appeal court may –

(a) strike out the whole or part of an appeal notice;

(b) set aside(GL) permission to appeal in whole or in part;

(c) impose or vary conditions upon which an appeal may be brought.

(2) The court will only exercise its powers under paragraph (1) where there is a compelling reason for doing so.

(3) Where a party was present at the hearing at which permission was given they may not subsequently apply for an order that the court exercise its powers under sub-paragraphs (1)(b) or (1)(c).

Orders to limit the recoverable costs of an appeal

52.9A

(1) In any proceedings in which costs recovery is normally limited or excluded at first instance, an appeal court may make an order that the recoverable costs of an appeal will be limited to the extent which the court specifies.

(2) In making such an order the court will have regard to –

(a) the means of both parties;

(b) all the circumstances of the case; and

(c) the need to facilitate access to justice.

(3) If the appeal raises an issue of principle or practice upon which substantial sums may turn, it may not be appropriate to make an order under paragraph (1).

(4) An application for such an order must be made as soon as practicable and will be determined without a hearing unless the court orders otherwise.

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Appeal court’s powers

52.10

(1) In relation to an appeal the appeal court has all the powers of the lower court.

(Rule 52.1(4) provides that this Part is subject to any enactment that sets out special provisions with regard to any particular category of appeal – where such an enactment gives a statutory power to a tribunal, person or other body it may be the case that the appeal court may not exercise that power on an appeal)

(2) The appeal court has power to –

(a) affirm, set aside or vary any order or judgment made or given by the lower court;

(b) refer any claim or issue for determination by the lower court;

(c) order a new trial or hearing;

(d) make orders for the payment of interest;

(e) make a costs order.

(3) In an appeal from a claim tried with a jury the Court of Appeal may, instead of ordering a new trial –

(a) make an order for damages(GL); or

(b) vary an award of damages made by the jury.

(4) The appeal court may exercise its powers in relation to the whole or part of an order of the lower court.

(Part 3 contains general rules about the court’s case management powers)

(5) If the appeal court –

(a) refuses an application for permission to appeal;

(b) strikes out an appellant’s notice; or

(c) dismisses an appeal,

and it considers that the application, the appellant’s notice or the appeal is totally without merit, the provisions of paragraph (6) must be complied with.

(6) Where paragraph (5) applies–

(a) the court’s order must record the fact that it considers the application, the appellant’s notice or the appeal to be totally without merit; and

(b) the court must at the same time consider whether it is appropriate to make a civil restraint order.

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Hearing of appeals

52.11

(1) Every appeal will be limited to a review of the decision of the lower court unless –

(a) a practice direction makes different provision for a particular category of appeal; or

(b) the court considers that in the circumstances of an individual appeal it would be in the interests of justice to hold a re-hearing.

(2) Unless it orders otherwise, the appeal court will not receive –

(a) oral evidence; or

(b) evidence which was not before the lower court.

(3) The appeal court will allow an appeal where the decision of the lower court was –

(a) wrong; or

(b) unjust because of a serious procedural or other irregularity in the proceedings in the lower court.

(4) The appeal court may draw any inference of fact which it considers justified on the evidence.

(5) At the hearing of the appeal a party may not rely on a matter not contained in his appeal notice unless the appeal court gives permission.

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Non-disclosure of Part 36 offers and payments

52.12

(1) The fact that a Part 36 offer or payment into court has been made must not be disclosed to any judge of the appeal court who is to hear or determine –

(a) an application for permission to appeal; or

(b) an appeal,

until all questions (other than costs) have been determined.

(2) Paragraph (1) does not apply if the Part 36 offer or payment into court is relevant to the substance of the appeal.

(3) Paragraph (1) does not prevent disclosure in any application in the appeal proceedings if disclosure of the fact that a Part 36 offer or payment into court has been made is properly relevant to the matter to be decided.

(Rule 36.3 has the effect that a Part 36 offer made in proceedings at first instance will not have consequences in any appeal proceedings. Therefore, a fresh Part 36 offer needs to be made in appeal proceedings. However, rule 52.12 applies to a Part 36 offer whether made in the original proceedings or in the appeal.)

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Statutory appeals – court’s power to hear any person

52.12A

(1) In a statutory appeal, any person may apply for permission –

(a) to file evidence; or

(b) to make representations at the appeal hearing.

(2) An application under paragraph (1) must be made promptly.

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II SPECIAL PROVISIONS APPLYING TO THE COURT OF APPEAL

Second appeals to the court

52.13

(1) Permission is required from the Court of Appeal for any appeal to that court from a decision of the County Court or the High Court which was itself made on appeal.

(2) The Court of Appeal will not give permission unless it considers that–

(a) the appeal would raise an important point of principle or practice; or

(b) there is some other compelling reason for the Court of Appeal to hear it.

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Assignment of appeals to the Court of Appeal

52.14

(1) Where the court from or to which an appeal is made or from which permission to appeal is sought (‘the relevant court’) considers that –

(a) an appeal which is to be heard by the County Court or the High Court would raise an important point of principle or practice; or

(b) there is some other compelling reason for the Court of Appeal to hear it,

the relevant court may order the appeal to be transferred to the Court of Appeal.

(The Master of the Rolls has the power to direct that an appeal which would be heard by the County Court or the High Court should be heard instead by the Court of Appeal– see section 57 of the Access to Justice Act 1999)3

(2) The Master of the Rolls or the Court of Appeal may remit an appeal to the court in which the original appeal was or would have been brought.

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Judicial review appeals from the High Court

52.15

(1) Where permission to apply for judicial review has been refused at a hearing in the High Court, the person seeking that permission may apply to the Court of Appeal for permission to appeal.

(1A) Where permission to apply for judicial review of a decision of the Upper Tribunal has been refused by the High Court or where permission to apply for judicial review has been refused and recorded as totally without merit in accordance with rule 23.12 –

(a) the applicant may apply to the Court of Appeal for permission to appeal;

(b) the application will be determined on paper without an oral hearing.

(2) An application in accordance with paragraphs (1) or (1A) must be made within 7 days of the decision of the High Court to refuse to give permission to apply for judicial review or, in the case of an application under paragraph (1A), within 7 days of service of the order of the High Court refusing permission to apply for judicial review.

(3) On an application under paragraph (1) or (1A), the Court of Appeal may, instead of giving permission to appeal, give permission to apply for judicial review.

(4) Where the Court of Appeal gives permission to apply for judicial review in accordance with paragraph (3), the case will proceed in the High Court unless the Court of Appeal orders otherwise.

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Judicial review appeals from the Upper Tribunal

52.15A

(1) Where permission to bring judicial review proceedings has been refused by the Upper Tribunal and permission to appeal has been refused by the Upper Tribunal, an application for permission to appeal may be made to the Court of Appeal.

(2) Where an application for permission to bring judicial review proceedings has been recorded by the Upper Tribunal as being completely without merit and an application for permission to appeal is made to the Court of Appeal in accordance with paragraph (1) above, the application will be determined on paper without an oral hearing.

(The time limits for filing an appellant’s notice under rule 52.15A(1) are set out in Practice
Direction 52D.)

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Who may exercise the powers of the Court of Appeal

52.16

(1) A court officer assigned to the Civil Appeals Office who is –

(a) a barrister; or

(b) a solicitor

may exercise the jurisdiction of the Court of Appeal with regard to the matters set out in paragraph (2) with the consent of the Master of the Rolls.

(2) The matters referred to in paragraph (1) are –

(a) any matter incidental to any proceedings in the Court of Appeal;

(b) any other matter where there is no substantial dispute between the parties; and

(c) the dismissal of an appeal or application where a party has failed to comply with any order, rule or practice direction.

(3) A court officer may not decide an application for –

(a) permission to appeal;

(b) bail pending an appeal;

(c) an injunction(GL);

(d) a stay(GL) of any proceedings, other than a temporary stay of any order or decision of the lower court over a period when the Court of Appeal is not sitting or cannot conveniently be convened.

(4) Decisions of a court officer may be made without a hearing.

(5) A party may request any decision of a court officer to be reviewed by the Court of Appeal.

(6) At the request of a party, a hearing will be held to reconsider a decision of –

(a) a single judge; or

(b) a court officer,

made without a hearing.

(6A) A request under paragraph (5) or (6) must be filed within 7 days after the party is served with notice of the decision.

(7) A single judge may refer any matter for a decision by a court consisting of two or more judges.

(Section 54(6) of the Supreme Court Act 19814 provides that there is no appeal from the decision of a single judge on an application for permission to appeal)

(Section 58(2) of the Supreme Court Act 19815 provides that there is no appeal to the Supreme Court from decisions of the Court of Appeal that –

(a) are taken by a single judge or any officer or member of staff of that court in proceedings incidental to any cause or matter pending before the civil division of that court; and

(b) do not involve the determination of an appeal or of an application for permission to appeal,

and which may be called into question by rules of court. Rules 52.16(5) and (6) provide the procedure for the calling into question of such decisions)

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III Provisions about reopening appeals

Reopening of final appeals

52.17

(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 the 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 Practice Direction 52.

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IV Statutory rights of appeal

Appeals under the Law of Property Act 19226

52.18  An appeal lies to the High Court against a decision of the Secretary of State under paragraph 16 of Schedule 15 to the Law of Property Act 19227.

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Appeals from certain tribunals

52.19

(1) A person who was a party to proceedings before a tribunal referred to in section 11(1) of the Tribunals and Inquiries Act 19928 and is dissatisfied in point of law with the decision of the tribunal may appeal to the High Court.

(2) The tribunal may, of its own initiative or at the request of a party to the proceedings before it, state, in the form of a special case for the decision of the High Court, a question of law arising in the course of the proceedings.

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Appeals under certain planning legislation

52.20

(1) Where the Secretary of State has given a decision in proceedings on an appeal under Part VII of the Town and Country Planning Act 19909 against an enforcement notice –

(a) the appellant;

(b) the local planning authority; or

(c) another person having an interest in the land to which the notice relates,

may appeal to the High Court against the decision on a point of law.

(2) Where the Secretary of State has given a decision in proceedings on an appeal under Part VIII of that Act against a notice under section 207 of that Act –

(a) the appellant;

(b) the local planning authority; or

(c) any person (other than the appellant) on whom the notice was served,

may appeal to the High Court against the decision on a point of law.

(3) Where the Secretary of State has given a decision in proceedings on an appeal under section 39 of the Planning (Listed Buildings and Conservation Areas) Act 1990( ) against a listed building enforcement notice –

(a) the appellant;

(b) the local planning authority; or

(c) any other person having an interest in the land to which the notice relates,

may appeal to the High Court against the decision on a point of law.

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52.21  Where an appeal lies to the High Court—

(a) under section 151(4) of the Pensions Schemes Act 1993 from a determination or direction of the Pensions Ombudsman; or

(b) under section 217(1) of the Pensions Act 2004 from a determination or direction of the Pension Protection Fund Ombudsman,

the permission of the High Court is required for such an appeal to be brought.

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Footnotes

  1. 1989 c.41. Back to text
  2. 2009 c. 26. Back to text
  3. 1999 c.22. Back to text
  4. 1981 c.54; section 54 was amended by section 59 of the Access to Justice Act 1999 (c.22). Back to text
  5. 1981 c.54; section 58 was amended by section 60 of the Access to Justice Act 1999 (c.22). Back to text
  6. 1922 c. 16. Back to text
  7. 1922 c. 16. Schedule 15, paragraph 16 was amended by the Law of Property (Amendment) Act 1924 (c. 5), section 2 and Schedule 2, paragraph 5(8) and S.I. 2002/794, article 5(1) and Schedule 1, paragraph 1(d). Back to text
  8. 1992 c. 53. Back to text
  9. 1990 c. 8. Back to text
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