Practice Direction 52B - appeals in the County Court and high court

This Practice Direction supplements CPR Part 52

Contents of this Practice Direction

Title Number
Contents of this Practice Direction Para.
SECTION I – APPLICATION  
SECTION II – VENUE FOR APPEALS AND FILLING OF NOTICES AND APPLICATIONS  
SECTION III – EXTENDING TIME IN WHICH TO APPEAL  
SECTION IV – INITIATING AN APPEAL  
SECTION V – CASE MANAGING THE APPEAL; ORDERS OF THE COURT  
SECTION VI – CONDUCT OF THE APPEAL  
SECTION VII – DETERMINATION OF APPLICATIONS  
SECTION VIII – HEARINGS  

Contents of this Practice Direction

This Practice Direction is divided into the following sections –

Section I –Application

Section II– Venue for appeals and filing of notices and applications

Section III – Extending time in which to appeal

Section IV – Initiating an appeal

Section V – Case managing the appeal; orders of the court

Section VI – Conduct of the appeal

Section VII – Determination of applications

Section VIII –Hearings

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SECTION I – APPLICATION

1.1 This Practice Direction applies to –

(a) appeals within the County Court (from a District Judge to a Circuit Judge);

(b) appeals from the County Court to the High Court; and

(c) appeals within the High Court (from a Master, a District Judge sitting in a District Registry, a Registrar in Bankruptcy, a Registrar of the Companies Court, a Costs Judge or an officer of the High Court to a judge of the High Court).

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SECTION II – VENUE FOR APPEALS AND FILLING OF NOTICES AND APPLICATIONS

2.1 Appeals within the County Court, appeals from the County Court and appeals within the High Court to a judge of the High Court must be brought in the appropriate appeal centre and all other notices (including any respondent's notice) and applications must be filed at that appeal centre. The venue for an appeal within the County Court will be determined by the Designated Civil Judge and may be different from the appeal centre.

2.2 The tables at the end of this Practice Direction set out the Appeal Centres for each circuit.

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SECTION III – EXTENDING TIME IN WHICH TO APPEAL

3.1 A party may apply to the lower court for an extension of time in which to file an appellant’s notice. The application must be made at the same time as the appellant applies to the lower court for permission to appeal.

3.2 Where the time for filing an appellant's notice has expired, the appellant must include an application for an extension of time within the appellant's notice (form N161 or, in respect of a small claim, form N164) stating the reason for the delay and the steps taken prior to making the application.

3.3 The court may make an order granting or refusing an extension of time and may do so with or without a hearing. If an order is made without a hearing, any party seeking to set aside or vary the order may apply, within 14 days of service of the order, for a hearing.

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SECTION IV – INITIATING AN APPEAL

4.1 An appellant’s notice (Form N161 or, in respect of a small claim, Form N164) must be filed and served in all cases. The appellant’s notice must be accompanied by the appropriate fee or, if appropriate, a fee remission application or certificate.

4.2 Documents to be filed with the appellant’s notice: The appellant must file with the appellant’s notice–

(a) three copies of the appellant’s notice and one additional copy for each respondent;

(b) a copy of the sealed order under appeal;

(c) where an application was made to the lower court for permission to appeal, a copy of any order granting or refusing permission to appeal together with a copy of the reasons, if any, for allowing or refusing permission to appeal; and

(d) grounds of appeal, which must be set out on a separate sheet attached to the appellant's notice and must set out, in simple language, clearly and concisely, why the order of the lower court was wrong or unjust because of a serious procedural or other irregularity (Rule 52.21(3)).

4.3 Applications in the appeal: Any application to be made in the appeal (for example, for a stay of the order of the lower court, or for an extension of time) should be included within the appellant’s notice. Any application for a transcript at public expense should be made within the appellant’s notice.

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SECTION V – CASE MANAGING THE APPEAL; ORDERS OF THE COURT

5.1 The appeal court may make orders for the case management of an appeal.

5.2 When making a case management order, the court may dispense with any requirements of or directions made in this Practice Direction.

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SECTION VI – CONDUCT OF THE APPEAL

6.1 Service of appellant’s notice on the respondent: The appellant must file a certificate of service of the appellant’s notice with the court as soon as practicable after service.

6.2 Transcript of the judgment of the lower court or other record of reasons: Except where the claim has been allocated to the small claims track, the appellant must obtain a transcript or other record of reasons of the lower court as follows –

(a) where the judgment has been officially recorded, the appellant must apply for an approved transcript as soon as possible and, in any event, within 7 days of the filing of the appellant’s notice;

(b) where the judgment under appeal has been handed down in writing, the appellant must obtain and retain a copy of the written judgment;

(c) in any other case, the appellant must cause a note of the judgment under appeal to be made and typed. The parties to the appeal should agree the note, which should then be sent to the judge of the lower court for approval. The parties and their advocates have a duty to make, and to co-operate in agreeing, a note of the judgment.

6.3 Appeal bundle: As soon as practicable, but in any event within 35 days of the filing of the appellant’s notice, the appellant must file an appeal bundle which must contain only those documents relevant to the appeal. The appeal bundle must be paginated and indexed.

6.4 Documents relevant to the appeal:

(1) Subject to any order made by the court, the following documents must be included in the appeal bundle–

(a) a copy of the appellant’s notice;

(b) a copy of any respondent’s notice;

(c) a copy of any appellant’s or respondent’s skeleton argument;

(d) a copy of the order under appeal;

(e) a copy of the order of the lower court granting or refusing permission to appeal together with a copy of the judge's reasons, if any, for granting or refusing permission;

(f) a copy of any order allocating the case to a track;

(g) a transcript of the judgment of the lower court or other record of reasons (except in appeals in cases which were allocated to the small claims track and subject to any order of the court).

(2) The following documents should also be considered for inclusion in the appeal bundle but should be included only where relevant to the appeal –

(a) statements of case;

(b) application notices;

(c) other orders made in the case;

(d) a chronology of relevant events;

(e) witness statements made in support of any application made in the appellant’s notice;

(f) other witness statements;

(g) any other documents which any party considers would assist the appeal court.

6.5 Service of the appeal bundle: A copy of the appeal bundle must be served on each respondent –

(a) where permission to appeal was granted by the lower court, at the same time as filing the appeal bundle;

(b) where the appeal court has granted permission to appeal, as soon as practicable after notification and in any event within 14 days of the grant of permission;

(c) where the appeal court directs that the application for permission to appeal is to be heard on the same occasion as the appeal, as soon as practicable and in any event within 14 days after notification of the hearing date.

6.6 Late documents: Any relevant document which is obtained or created after the appeal bundle has been filed (for example a respondent’s notice or a skeleton argument) should be added to the appeal bundle as soon as practicable and, in any event, no less than 7 days before the hearing of the appeal or any application.

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SECTION VII – DETERMINATION OF APPLICATIONS

7.1 Applications made in the appeal, including applications for permission to appeal under rule 52.3(2)(a) or rule 52.13(3), may be determined with or without a hearing.

7.2 Where the court refuses an application for permission to appeal without a hearing, the appellant (or, where appropriate, the respondent) may request the application to be reconsidered at a hearing.

7.3 Where the court determines any other application without hearing the respondent (including an application for permission to bring the appeal out of time) any party affected by the determination may apply to have the order set aside or varied.

7.4 Any request or application made under this section must be made within 7 days of service of notification of the determination upon the person making the application. Where any such request or application is made –

(a) a copy of the request or application must be served on all other parties at the same time; and

(b) the court will give directions for the determination of the application.

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SECTION VIII – HEARINGS

8.1 Attendance at permission hearings: Where a respondent to an appeal or cross-appeal attends the hearing of an application for permission to appeal, costs will not be awarded to the respondent unless–

(a) the court has ordered or requested attendance by the respondent;

(b) the court has ordered that the application for permission to appeal be listed at the same time as the determination of other applications;

(c) the court has ordered that the hearing of the appeal will follow the hearing of the application if permission is granted; or

(d) the court considers it just, in all the circumstances, to award costs to the respondent.

8.2 Respondent’s documents: A respondent who has been served with an appeal bundle and who considers that relevant documents have been omitted may file and serve on all parties a respondent’s supplemental appeal bundle containing copies of other relevant documents. The supplemental appeal bundle must be filed and served as soon as practicable after service of the appeal bundle, but in any event not less than 7 days before the hearing.

8.3 Skeleton arguments: Subject to any order of the court, the parties to the appeal should file and serve skeleton arguments only where –

(a) the complexity of the issues of fact or law in the appeal justify them; or

(b) skeleton arguments would assist the court in respects not readily apparent from the papers in the appeal.

Table A – Table of appeal centres for each circuit     

CircuitCourtAppeal Centre
Midland  
 Birmingham CJCBirmingham CJC
 BostonLincoln
 Burton -upon-TrentNottingham
 ChesterfieldNottingham
 CoventryCoventry
 DerbyNottingham
 DudleyWalsall
 HerefordWorcester
 KetteringNorthampton
 KidderminsterWorcester
 LeicesterLeicester
 LincolnLincoln
 MansfieldNottingham
 NorthamptonNorthampton
 NottinghamNottingham
 NuneatonCoventry
 RedditchWorcester
 StaffordStoke-on-Trent
 Stoke-on-TrentStoke-on-Trent
 TelfordTelford
 WalsallWalsall
 WarwickCoventry
 WolverhamptonWalsall
 WorcesterWorcester
North East  
 BarnsleySheffield
 BradfordBradford
 DarlingtonTeesside
 DoncasterSheffield
 DurhamNewcastle-upon-Tyne
 GatesheadNewcastle-upon-Tyne
 GrimsbyKingston-upon-Hull
 HarrogateLeeds
 HuddersfieldBradford
 Kingston-upon-HullKingston-upon-Hull
 LeedsLeeds
 Newcastle-upon-TyneNewcastle-upon-Tyne
 North ShieldsNewcastle-upon-Tyne
 ScarboroughLeeds
 SheffieldSheffield
 SkiptonBradford
 South ShieldsNewcastle-upon-Tyne
 SunderlandNewcastle-upon-Tyne
 TeessideTeesside
 WakefieldLeeds
 YorkLeeds
Northern  
 Barrow-in-FurnessCarlisle
 BirkenheadLiverpool
 BlackburnPreston
 BlackpoolPreston
 BoltonManchester CJC
 BurnleyPreston
 BuryManchester CJC
 CarlisleCarlisle
 Chester CJC

Chester CJC

 

Crewe

Chester CJC
 KendalCarlisle
 LancasterPreston
 LiverpoolLiverpool
 Manchester CJCManchester CJC
 OldhamManchester CJC
 PrestonPreston
 St HelensLiverpool
 StockportManchester CJC
 West CumbriaCarlisle
 WiganLiverpool
Wales  
 AberystwythSwansea
 BlackwoodCardiff CJC
 CaernarfonWrexham
 CardiffCardiff CJC
 CarmarthenSwansea
 Conwy & ColwynWrexham
 HaverfordwestSwansea
 LlanelliSwansea
 LlangefniWrexham
 Merthyr TydfilCardiff CJC
 MoldWrexham
 Newport (Gwent)Cardiff CJC
 PontypriddCardiff CJC
 Port TalbotSwansea
 PrestatynWrexham
 SwanseaSwansea
 Welshpool & NewtownWrexham
Western  
 Aldershot & FarnhamWinchester
 BarnstapleBarnstaple
 BasingstokeWinchester
 BathBristol CJC
 BodminBodmin
 BournemouthBournemouth
 BristolBristol CJC
 CheltenhamBristol CJC
 ChippenhamWinchester
 ExeterExeter
 GloucesterBristol CJC
 Newport (Isle of Wight)Winchester
 PlymouthPlymouth
 PortsmouthPortsmouth
 SalisburyWinchester
 SouthamptonSouthampton
 SwindonSwindon
 TauntonBristol CJC
 Torquay & Newton AbbotTorquay & Newton Abbot
 TrowbridgeTrowbridge
 TruroTruro
 Weston-Super-MareBristol CJC
 Weymouth & DorchesterWinchester
 WinchesterWinchester
 YeovilBristol
South East  
 BanburyOxford
 BarnetBarnet
 BasildonSouthend
 BedfordLuton
 BrentfordBrentford
 BrightonBrighton
 BromleyBromley
 Bury St EdmundsCambridge
 CambridgeCambridge
 CanterburyCanterbury
 Central London CJCCentral London CJC
 ChelmsfordSouthend
 ChichesterChichester
 Clerkenwell & ShoreditchClerkenwell & Shoreditch
 ColchesterSouthend
 CroydonCroydon
 DartfordDartford
 EastbourneEastbourne
 EdmontonEdmonton
 GuildfordGuildford
 HastingsHastings
 HertfordLuton
 High WycombeOxford
 HorshamHorsham
 HoveHove
 IpswichNorwich
 Kingston-upon-ThamesKingston-upon-Thames
 LambethLambeth
 LewesLewes
 LutonLuton
 MaidstoneMaidstone
 Mayor's and CityMayor's and City
 MedwayMedway
 Milton KeynesOxford
 NorwichNorwich
 OxfordOxford
 PeterboroughCambridge
 ReadingOxford
 RomfordRomford
 SloughOxford
 SouthendSouthend
 StainesStaines
 ThanetThanet
 UxbridgeUxbridge
 WandsworthWandsworth
 WatfordWatford
 WillesdenWillesden
 WoolwichWoolwich
 WorthingWorthing

Table B – Appeals from the County Court or within the High Court: Appeal centres for each circuit

Circuit Appeal Centres
Midland Circuit Birmingham
  Nottingham
North Eastern Circuit Leeds
  Newcastle
  Sheffield
Northern Circuit Manchester
  Liverpool
  Preston
  Chester
   
Wales Circuit Cardiff
  Swansea
  Mold
Western Circuit Bristol
  Exeter
  Winchester
South Eastern Circuit Royal Courts of Justice
  Lewes
  Luton
  Norwich
  Reading
  Chelmsford
  Maidstone
  Oxford

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