Practice Direction 52C - appeals to the court of appeal

This Practice Direction supplements CPR Part 52

Contents of this Practice Direction

Title Number
Contents of this Practice Direction Para.
SECTION I – INTRODUCTION AND INTERPRETATION  
SECTION II – STARTING AN APPEAL TO THE COURT OF APPEAL  
Filing the appellant’s notice and accompanying documents Para.3.
Extension of time for filing appellant’s notice Para.4.
Grounds of appeal Para.5.
Second appeals Para.5A.
Non-availability of documents Para.6.
Service on the respondent Para.7.1
SECTION III – RESPONDENT’S NOTICE (RULE 52.13) AND RESPONDENT’S SKELETON ARGUMENT  
Respondent’s notice Para.8.
Skeleton argument to be lodged with the respondent’s notice Para.9.
Documents to be filed with respondent’s notice Para.10.
Applications within respondent’s notice Para.11.
Time limits: rule 52.13(4) and (5) Para.12.
Respondent’s skeleton argument (where no respondent’s notice filed) Para.13.
SECTION IV – PROCEDURE WHERE PERMISSION TO APPEAL IS SOUGHT FROM THE COURT OF APPEAL  
Documents for use on an application for permission Para.14.
Determination of applications for permission to appeal Para.15.
Permission hearing Para.16.
Appellant in receipt of services funded by the Legal Services Commission applying for permission to appeal Para.17.
Limited permission: rule 52.6 Para.18.
Respondent's actions when served with the appellant’s notice Para.19.
Respondent’s costs of permission applications Para.20.
SECTION V – TIMETABLE  
SECTION VI – MANAGEMENT OF THE APPEAL  
Listing and hear-by dates Para.22.
Appeal Questionnaire Para.23.
Time estimates Para.24.
Multiple appeals Para.25.
Expedition Para.26.

SECTION VII – BUNDLES, AMENDMENT AND SKELETON ARGUMENTS

 
Bundle of documents Para.27.
Appeals from the Upper Tribunal Immigration and Asylum Chamber Para.28.
Bundle of authorities para.29.
Amendment of appeal notice: rule 52.17 Para.30.
Skeleton argument Para.31.
Supplementary skeleton arguments Para.32.
Documents to be provided to court reporters at the hearing of an appeal  Para. 33

Contents of this Practice Direction

This Practice Direction is divided into the following sections –

Section I – Introduction and interpretation

Section II – Starting an appeal to the Court of Appeal, Grounds of Appeal and Skeleton Arguments

Section III –Respondent’s notice and respondent's skeleton argument

Section IV – Procedure where permission to appeal is sought from the Court of Appeal

Section V –Timetable

Section VI – Management of the appeal

Section VII – Bundles, amendment and supplementary skeleton arguments

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SECTION I – INTRODUCTION AND INTERPRETATION

1. In this Practice Direction –

‘appeal notice’ means either an appellant’s notice in form N161 or a respondent’s notice in form N162 ;

‘appellant’s notice’ means an appeal notice filed by an appellant and a ‘respondent’s notice’ means an appeal notice filed by a respondent;

‘hearing date’ means the date on which the appeal is listed to be heard, including a‘floating’ date over two or more days;

‘listing window notification’ means the letter sent by the Civil Appeals Office in accordance with Section 5: Timetable Part 1 notifying the parties of the window within which the appeal is likely to be heard; and ‘date of the listing window notification’ means the date of such letter;

‘replacement skeleton argument’ means a skeleton argument which has been amended in order to include cross references to the appeal bundle and is lodged and served in accordance with the timetable at Section 5 Part 2.

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2. The court may make such directions as the case may require and such directions will prevail over any provision of this practice direction.

SECTION II – STARTING AN APPEAL TO THE COURT OF APPEAL

Filing the appellant’s notice and accompanying documents

3.

(1) An appellant’s notice (Form N161) 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 certificate.

(2) The appellant’s notice and accompanying documents must be filed in the Civil Appeals Office Registry, Room E307, Royal Courts of Justice, Strand, London, WC2A 2LL.

(3) At the same time as filing an appellant’s notice, the appellant must provide for the use of the court three copies of the appellant’s notice and one copy of each of the following –

(a) the sealed order or tribunal determination being appealed;

(b) any order granting or refusing permission to appeal, together with a copy of the judge’s or tribunal’s reasons for granting or refusing permission to appeal;

(c) any witness statements or affidavits relied on in support of any application included in the appellant’s notice;

(d) in cases where the decision of the lower court was itself made on appeal, the first order, the reasons given by the judge who made it, and the appellant’s notice of appeal against that order;

(e) in a claim for judicial review or a statutory appeal, the original decision which was the subject of the application to the lower court;

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

(g) the appellant’s skeleton argument in support of the appeal;

(h) the approved transcript of the judgment.

(4) The appellant must also provide to the court one copy of the appellant’s notice for each respondent for sealing by the court and return to the appellant for service.

(5) Where the appellant applies for permission to appeal, additional documents are required: see Section 4 of this Practice Direction.

(6) Provisions in relation to the skeleton argument are set out in paragraph 31.

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Extension of time for filing appellant’s notice

4.

(1) Where the time for filing an appellant’s notice has expired, the appellant must –

(a) file the appellant’s notice; and

(b) include in that appellant’s notice an application for an extension of time.

(2) The appellant’s notice must state the reason for the delay and the steps taken prior to the application being made.

(3) Where the appellant’s notice includes an application for an extension of time and permission to appeal has been given or is not required, the respondent has the right to oppose that application and to be heard at any hearing of that application. In respect of any application to extend time –

(a) The respondent must–

(i) be served with a copy of any evidence filed in support of the application; and

(ii) inform the court in writing of any objections to the grant of the extension of time within 7 days of being served with the appellant’s notice.

(b) A respondent who unreasonably opposes an application for an extension of time may be ordered to pay the costs of the application.

(c) An application for an extension of time will normally be determined without a hearing unless the court directs otherwise.

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Grounds of appeal

5.

(1) The grounds of appeal must identify as concisely as possible the respects in which the judgment of the court below is –

(a) wrong; or

(b) unjust because of a serious procedural or other irregularity,

as required by rule 52.21(3).

(2) The reasons why the decision under appeal is wrong or unjust must not be included in the grounds of appeal and must be confined to the skeleton argument.

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Second appeals

5A An application to make a second appeal must identify in the grounds of appeal –

(1) the important point of principle or practice, or

(2) the compelling reason

which is said to justify the grant of permission to appeal.

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Non-availability of documents

6

(1) If the appellant is unable to provide any of the necessary documents in time, the appellant must complete the appeal notice on the basis of the available documents. The notice may be amended subsequently with the permission of the court (see paragraph 30).

(2) Any application for a transcript at public expense should be made within the appellant’s notice.

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Service on the respondent

7.1 The Civil Appeals Office will not serve documents. Where service is required by the Rules or this Practice Direction, it must be effected by the parties.

7.1A The appellant’s skeleton argument in respect of an application for permission to appeal must be served on each respondent at the same time as service of the appellant’s notice.

7.2 The evidence in support of any application made in an appellant’s notice must be filed and served with the appellant’s notice.

7.3 An application for an order to dispense with service of the appellant’s notice under rule 6.28 must be made in the appeal notice or, thereafter, by application notice under Part 23.

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SECTION III – RESPONDENT’S NOTICE (RULE 52.13) AND RESPONDENT’S SKELETON ARGUMENT

Respondent’s notice

8.

(1) A respondent who seeks to appeal against any part of the order made by the court below must file an appeal notice.

(2) A respondent who seeks a variation of the order of the lower court must file an appeal notice and must obtain permission to appeal.

(3) A respondent who seeks to contend that the order of the court below should be upheld for reasons other than those given by that court must file a respondent’s notice.

(4) The notice may be amended subsequently with the permission of the court (see paragraph 30).

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Skeleton argument to be lodged with the respondent’s notice

9. A respondent who files a respondent’s notice must, within 14 days of filing the notice, lodge a skeleton argument with the court and serve a copy of the skeleton argument on every other party to the appeal.

(Provisions in relation to the skeleton argument are set out in paragraph 31.)

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Documents to be filed with respondent’s notice

10. The respondent must file the following documents with the respondent’s notice –

(a) two additional copies of the respondent’s notice for the court; and

(b) one copy each for the appellant and any other respondents.

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Applications within respondent’s notice

11.

(1) A respondent may include an application within a respondent’s notice.

(2) The parties must consider whether it would be more convenient for any application to be listed with the appeal or whether the application needs to be considered in advance.

(3) Where parties consider that the time estimate for the appeal will be affected by listing the application with the appeal, they must inform the court without delay.

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Time limits: rule 52.13(4) and (5)

12. Where an extension of time is required, the respondent must apply in the respondent’s notice and explain the delay.

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Respondent’s skeleton argument (where no respondent’s notice filed)

13.

(1) In all cases where the respondent is legally represented and proposes to address the court, the respondent must lodge and serve a skeleton argument.

(2) A respondent’s skeleton argument must be lodged and served in accordance with Part 1 of the Timetable in Section 5.

(Provisions in relation to the skeleton argument are set out in paragraph 31.)

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SECTION IV – PROCEDURE WHERE PERMISSION TO APPEAL IS SOUGHT FROM THE COURT OF APPEAL

Documents for use on an application for permission

14. Within 14 days of filing the appeal notice, the appellant must lodge a core bundle (and, if necessary, a supplementary bundle) for the application for permission to appeal, prepared in accordance with paragraph 27.

Determination of applications for permission to appeal

15.

(1) Applications for permission to appeal will be determined by the court without a hearing unless the judge considering the application directs that the application be determined at an oral hearing in accordance with rule 52.5(2).

(2) If a judge directs that an oral hearing should take place, the hearing will be listed before the same judge no later than 14 days after the direction was given, unless the court directs otherwise.

(3) When directing that an oral hearing should take place, the judge may also identify any issue or issues on which the applicant should specifically focus its submissions at the oral hearing in order to assist the court to determine the application and may direct the respondent to file and serve written submissions and to attend the oral hearing.

Permission hearing

16.

(1) The court will notify the respondent of any oral hearing but the respondent is not expected to attend unless the court so directs.

(2) If the court directs the respondent to attend the permission hearing, the appellant must supply the respondent with a copy of the skeleton argument and any documents to which the appellant intends to refer.

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Appellant in receipt of services funded by the Legal Services Commission applying for permission to appeal

17. Where the appellant is in receipt of services funded by the Legal Services Commission and permission to appeal has been refused by the court without a hearing, the appellant must send a copy of the court’s reasons for refusing permission to the Legal Services Commission as soon as it has been received.

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Limited permission: rule 52.6(2)

18.

(1) If, under rule 52.6(2), the court grants permission to appeal on some issues only, it will –

(a) refuse permission on any remaining issues; or

(b) adjourn the application in respect of those issues to the hearing of the appeal.

(2) If the court adjourns the application under sub-paragraph (1)(b), the appellant must inform the court and the respondent in writing, within 14 days after the date of the court’s order, whether the appellant intends to pursue the application. If the appellant intends to pursue the application, the parties must include in any time estimate for the appeal hearing an allowance for the adjourned application.

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Respondents actions when served with the appellant’s notice

19.

(1)

(a) If the appellant seeks permission to appeal a respondent is permitted, and is encouraged, within 14 days of service of the appellant’s notice or skeleton argument if later to file and serve upon the appellant and any other respondent a brief statement of any reasons why permission should be refused, in whole or in part.

(b) The statement should be not more than 3 pages long, and should be directed to the relevant threshold test for the grant of permission to appeal. The statement must also comply with paragraph 31(1)(b).

(c) The statement should identify issues to which the appeal should be limited, and any conditions to which the appeal should be subject (see Rule 52.6(2)).

(2)

(a) If the appellant makes any application in addition to an application for permission to appeal (such as a stay of execution, an injunction pending appeal or an extension of time for appeal) a respondent should include in its written statement under paragraph 19(1)(a) any reasons why that application should be refused or granted only on terms.

(b) If, exceptionally, a respondent wishes to rely upon evidence for that purpose its evidence should be included in its written statement, supported by a statement of truth, or filed and served upon the appellant and any other respondent at the same time as its written statement under paragraph 19(1)(a).

(3) Unless the court directs otherwise, a respondent need take no further steps when served with an appellant’s notice prior to being notified that permission to appeal has been granted.

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Respondent’s costs of permission applications

20.

(1) There will normally be no order for the recovery of the costs of a respondent’s written statement. In most cases an application for permission to appeal will be determined without the need for the respondent to attend a hearing. In such circumstances an order for costs will not normally be made in favour of a respondent who voluntarily attends a hearing.

(2) If the court directs the respondent to file submissions or attend a hearing, it will normally award costs to the respondent if permission is refused.

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SECTION V – TIMETABLE

21. Subject to any specific directions that may be given by the court, the timetable for the conduct of an appeal after the date of the listing window notification is set out below:

Timetable Part 1 – Listing window notification to lodging bundle

Period within which step is to be taken Action Cross reference to relevant provisions in this Practice Direction
Promptly after
permission to appeal
is granted
Review case:parties to review case with a view to resolution or refinement of the issues to be determined at the appeal Paragraph 27(6)
(bundle of documents)
Within 14 days of service of:
  1. the appellant’s notice if permission has been given by the lower court or is not needed;
  2. notification that permission has been granted by the Court of Appeal; or
  3. notification that the permission application will be listed with the appeal to follow
Respondent’s notice (if any) must be filed and served Paragraph 8 (respondent’s notice)
14 days after date of listing window notification The appellant must file and serve on
every respondent the Appeal Questionnaire
Paragraph 1 (listing window notification defined)
Paragraph 23 (Appeal Questionnaire)
14 days after date of listing window notification The appellant must serve on every respondent (1) the appellant’s appeal skeleton argument or confirmation that the appellant intends to rely on the permission to appeal skeleton argument; and
(2) the proposed bundle index for the core appeal bundle and any supplementary bundle
Paragraph 31 (skeleton argument)
Paragraph 27 (bundle
of documents)
Within 14 days of filing a respondent’s notice If respondent has filed a respondent’s notice, respondent must lodge and serve a skeleton argument on every other party Paragraph 9 (skeleton argument to be lodged with the respondent’s notice or within 14 days of filing respondent's notice)
7 days after service of appellant’s Appeal Questionnaire If a respondent disagrees with appellant's time estimate, that respondent must file and serve on every other party its own time estimate Paragraph 24 (time estimate)
35 days after date of
listing window notification
Where Respondent has not filed a respondent’s notice, respondent must lodge skeleton argument and serve on every other party

Paragraph 13 (respondent's skeleton argument where no Respondent’s Notice filed)

Paragraph 31 (skeleton argument)

49 days after date of listing window notification Review case: parties to have reviewed case with a view to resolution or refinement of the issues to be determined at the appeal Paragraph 27(6) (bundle of documents)
49 days after date of listing window notification Agree bundle: the parties must agree the content of the core appeal bundle and any supplementary bundle for the appeal hearing Paragraph 27(8) and (9) (bundle of documents)
Paragraph 28 (bundle: Appeals from Upper Tribunal Immigration and Asylum Chamber)
63 days after listing window notification Appellant must serve a final bundle index on all the respondents, including page numbers Paragraph 27 (bundle of documents)
70 days after listing window notification All respondents must serve on the appellant their replacement skeleton arguments Paragraph 1 (replacement skeleton argument defined)
Paragraph 31 (skeleton argument)

Timetable Part 2 – Steps to be taken once hearing date fixed: lodging bundles, supplemental skeletons and bundles of authorities

Time before hearing date when step is to be taken Action Cross reference to relevant provisions in this Practice Direction
As soon as practicable and no later than 7 days before the appeal hearing If a party wishes to rely on a supplementary skeleton argument, the supplementary skeleton argument must be lodged and served together with a request for permission to rely on it. Note– permission will only be granted where
strictly necessary.
Paragraph 32 (supplementary skeleton argument)
No later than 42 days before the appeal hearing Subject to any direction of the court, the appellant must lodge the appropriate number of
appeal bundles and serve a copy on all other parties to the appeal.
Any unagreed documents bundle must be lodged and served by the party seeking to rely on the unagreed documents.
Paragraph 27 (bundle of documents)
Paragraph 28 (bundle: Appeals from Upper Tribunal Immigration and Asylum Chamber)
No later than 7 days before the appeal hearing Bundles of authorities must be lodged. Paragraph 29 (bundle of authorities)

SECTION VI – MANAGEMENT OF THE APPEAL

Listing and hear-by dates

22. The hear-by date is the last day of the listing window.

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Appeal Questionnaire

23. The appellant must complete and file the Appeal Questionnaire and serve it on the respondent within 14 days after the date of the listing window notification.

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Time estimates

24. If the respondent disagrees with the appellant’s time estimate, the respondent must inform the court within 7 days of service of the Appeal Questionnaire. In the absence of such notification the respondent will be deemed to have accepted the appellant’s time estimate.

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Multiple appeals

25.

(1) If two or more appeals are pending in the same or related proceedings, the parties must seek directions as to whether they should be heard together or consecutively by the same judges.

(2) Whether appeals are heard together or consecutively, the parties must attempt to agree a single appeal bundle or set of bundles for all the appeals and seek directions if they are unable to do so.

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Expedition

26.

(1) The court may direct that the hearing of an appeal be expedited.

(2) The court will deal with requests for expedition without a hearing. Requests for expedition must be made by letter setting out succinctly the grounds on which expedition is sought. The letter (or, if time is particularly short, email) must be marked for the immediate attention of the court and copied to the other parties to the appeal.

(3) If an expedited appeal hearing is required as a matter of extreme urgency, the Civil Appeals Office must be informed as soon as possible. If necessary, parties or their legal representatives should call the Royal Courts of Justice switchboard on 020 7947 6000 and ask a member of the security staff to contact the Duty Judge.

(4) An expedited hearing will be listed at the convenience of the court and not according to the availability of counsel.

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SECTION VII – BUNDLES, AMENDMENT AND SKELETON ARGUMENTS

Bundle of documents

27. This paragraph of the Practice Direction should be read in conjunction with the Timetable in paragraph 21 above.

(1) Core bundle for permission to appeal: Subject to any direction made by the court, the applicant must lodge a core bundle containing only those documents listed in the relevant core bundle index accessible on the Court of Appeal (Civil Division) section of the Justice website (at http://hmctsformfinder.justice.gov.uk/HMCTS/GetForms.do?court_forms_category=Court%20of%20Appeal%20Civil%20Division ) or available from the Civil Appeals Office.

(2) Supplementary bundle for permission to appeal: For an application for permission to appeal any additional documents may be included in a supplementary bundle, but only where they are relevant to the grounds of appeal and where it will be necessary for the court to read the document for the purposes of determining whether to grant permission to appeal and any related application. The following documents may be considered for inclusion in a supplementary bundle:

(a) statements of case;

(b) application notices;

(c) other orders made in the case;

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

(e) other witness statements relevant to the issues raised in the grounds of appeal;

(f) key contemporaneous documents.

(3) Service of indexes for the permission to appeal bundles: The applicant for permission to appeal must serve on every respondent a copy of the index for the core bundle for permission to appeal and a copy of the index for any supplementary bundle for permission to appeal at the same time as the bundles are lodged with the court (i.e. within 14 days of the appeal notice: paragraph 14 above).

(4) Respondent’s statement for permission to appeal: In accordance with paragraph 19, a respondent is encouraged to file and serve a respondent’s statement in response to an application for permission to appeal. Any respondent’s statement will be copied to the core bundle by the Civil Appeals Office.

(5) Respondent’s Notice: A respondent who wishes to file a respondent’s notice must do so in accordance with the time limits in CPR Part 52.13. If the respondent seeks permission to appeal in their respondent’s notice they must on the date when the respondent’s skeleton argument is due to be filed lodge a respondent’s supplementary permission to appeal bundle. That bundle must contain any documents not included in the appellant’s bundle(s) for permission to appeal which are necessary for the court to read for the purpose of determining whether to grant the respondent permission to appeal, including the respondent’s notice and the respondent’s skeleton argument. On the same date the respondent must serve on every other party a copy of the index for that bundle.

(6) Reviewing the case after the grant of permission to appeal: Promptly after permission to appeal is granted to any party and before the appeal skeleton arguments are due to be filed under the Timetable, the parties must review the case with a view to resolution or refinement of the issues to be determined at the appeal hearing.

(7) Bundles for the appeal hearing: Subject to any direction made by the court, the appellant must not less than 42 days before the date for the appeal hearing file and serve a core bundle for the appeal hearing and (if required) a supplementary bundle for the appeal hearing. The appellant must seek to agree the contents of the core bundle and the supplementary bundle for the appeal hearing with all other parties in accordance with sub-paragraphs (8) and (9) below.

(8) Core bundle for the appeal hearing

(a) In accordance with the Timetable the appellant must serve on every respondent a proposed bundle index for the core bundle for the appeal hearing.

(b) The respondent must either agree the proposed bundle index for the core bundle or notify the appellant of the documents that the respondent considers should be included in, or removed from, the core bundle by sending a revised index. The appellant and respondent must seek to agree the contents of the core bundle.

(c) The core bundle must be lodged by the appellant in accordance with the Timetable and must contain the final form of the skeleton arguments to be relied upon at the hearing, cross-referenced to the pagination in the bundles for the appeal hearing (i.e. the replacement skeleton arguments).

(d) The core bundle for the appeal hearing must contain only those documents required in the core bundle for permission to appeal, together with copies of the following documents:

(i) any respondent’s notice;

(ii) the appellant’s replacement skeleton argument;

(iii) the respondent’s replacement skeleton argument;

(iv) a copy of any orders made in the Court of Appeal;

(v) if permission to appeal was granted at an oral hearing, a transcript of the judgment giving permission to appeal.

(9) Supplementary bundle for the appeal hearing:

(a) In accordance with the Timetable the appellant must serve on every respondent a proposed bundle index for the supplementary bundle for the appeal hearing.

(b) The respondent must either agree the proposed bundle index for the supplementary bundle or notify the appellant of the documents that the respondent considers should be included in, or removed from, the supplementary bundle by sending a revised index. The appellant and respondent must seek to agree the contents of the supplementary bundle.

(c) The supplementary bundle may only contain documents relevant to the grounds of appeal which it will be necessary for the court to read in preparation for or during the appeal hearing. Where a party is represented,this must be certified by the advocate responsible for arguing the case. The following documents may be considered for inclusion in the supplementary bundle:

(i) statements of case;

(ii) application notices;

(iii) other orders made in the case;

(iv) witness statements relevant to the issues raised in the grounds of appeal;

(v) key contemporaneous documents.

(10) Reviewing the case before the appeal hearing: After the appeal skeleton arguments are filed and served, and in accordance with the Timetable, the parties must review the case with a view to resolution or refinement of the issues to be determined at the appeal hearing.

(11) Size of supplementary bundle: No supplementary bundle (whether for permission to appeal or for an appeal hearing) may exceed one lever arch file of 350 pages in size, unless the court gives permission. An application for permission to file a supplementary bundle of more than 350 pages must be made by application notice in accordance with CPR Part 23 and specify exactly what additional documents the party wishes to include; why it is necessary to put the additional documents before the court; and whether there isagreement between the parties as to their inclusion.

(12) Unagreed documents bundles for the appeal hearing: If there is no agreement in relation to inclusion of a particular document in the bundles for the appeal hearing, it must be placed in a separate unagreed documents bundle prepared by the party who has proposed its inclusion, and the bundle clearly labelled as such. The permission of the court is required to rely on an unagreed documents bundle. An application for permission must be made by application notice in accordance with CPR Part 23 and include a short statement of not more than three 20 A4 pages explaining why the unagreed documents are relevant and why it is necessary to put them before the court. Any unagreed documents bundle, including at the front the application notice and supporting statement, must be filed and served not less than 42 days before the date for the appeal hearing. Unless the court directs otherwise, the application will be determined by the court at the appeal hearing.

(13) Bundle format: Core, supplementary and unagreed documents bundles must—

(a) be bound and any ring binder folder must be in fully working order;

(b) be paginated. Page numbering must not reduce the font size of any document below 12 points.

(c) contain an index at the front referring to relevant page numbers; and

(d) except for core bundles, be in chronological order.

(14) Bundles not to include originals: Unless otherwise directed by the court, no bundle should contain original material such as original documents, photographs or recorded media. Such material should be provided to the court, if necessary, at the hearing. Any copies of photographs included in the bundles must be of good quality and in colour.

(15) Destruction of bundles: Bundles lodged with the court will not be returned to the parties but will be destroyed in the confidential waste system at the conclusion of the proceedings and without further notification.

(16) Timetable: The Timetable, Parts 1 and 2, at paragraph 21 above sets out the time limits for filing and serving documents referred to in this section.

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Appeals from the Upper Tribunal Immigration and Asylum Chamber

28.

(1) In an appeal from the Immigration and Asylum Chamber of the Upper Tribunal (other than an appeal relating to a claim for judicial review) –

(a) the Immigration and Asylum Chamber of the Upper Tribunal, upon request, shall send to the Civil Appeals Office copies of the documents which were before the relevant Tribunal when it considered the appeal;

(b) the appellant is not required to file an appeal bundle;

(c) the appellant must file with the appellant’s notice the documents specified in paragraph 3(3)(a) to (e) and (g) of this Practice Direction.

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Bundle of authorities

29.

(1) After consultation with any opposing advocate, the appellant’s advocate must file a bundle containing photocopies of the authorities upon which each party will rely at the hearing.

(2) The most authoritative report of each authority must be used in accordance with mandatory requirements set out in paragraphs 5–13 of the Practice Direction on Citation of Authorities [2012] 1 WLR 780 and must have the relevant passages marked by a vertical line in the margin.

(3) Photocopies of authorities should not be in landscape format and the type should not be reduced in size.

(4) The bundle should not–

(a) include authorities for propositions not in dispute; or

(b) contain more than 10 authorities unless the issues in the appeal justify more extensive citation.

(5) A bundle of authorities must bear a certificate by the advocates responsible for arguing the case that the requirements of sub-paragraphs (2) to (4) of this paragraph have been complied with in respect of each authority included.

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Amendment of appeal notice: rule 52.17

30.

(1) An appeal notice may not be amended without the permission of the court.

(2) An application for permission to amend made before permission to appeal has been considered will normally be determined without a hearing.

(3) An application for permission to amend (after permission to appeal has been granted) and any submissions in opposition will normally be dealt with at the hearing unless that would cause unnecessary expense or delay, in which case a request should be made for the application to amend to be heard in advance.

(4) Legal representatives must–

(a) inform the court at the time they make the application if the existing time estimate is affected by the proposed amendment; and

(b) attempt to agree any revised time estimate no later than 7 days after service of the application.

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Skeleton argument

31.

(1) Any skeleton argument must comply with the provisions of Section 5 of Practice Direction 52A (and in particular must be concise) and must in any event–

(a) not normally exceed 25 pages (excluding front sheets and back sheets);

(b) be printed on A4 paper in not less than 12 point font and 1.5 line spacing (including footnotes);

(c) be labelled as applicable (e.g. appellant’s PTA skeleton, appellant’s replacement skeleton, respondent’s supplementary skeleton), and be dated on its front sheet.

(2)

(a) Any skeleton argument that does not comply with the requirements of paragraph 31.1(a), (b) and (c)—

(i) will be returned to its author by the Civil Appeals Office; and

(ii) may not be re-filed unless and until it complies with those requirements; and

(b) if the skeleton argument is re-filed out of time—

(i) it must be served on all other parties to the appeal; but

(ii) the party re-filing it must make an application under Part 23 to obtain the permission of the court in advance of the hearing in order to rely on it.

(3) Where an appellant has filed a skeleton argument in support of an application for permission to appeal, the same skeleton argument may be relied upon in the appeal or the appellant may file an appeal skeleton argument (Timetable Section 5, Part 1).

(4) At the hearing the court may refuse to hear argument on a point not included in a skeleton argument filed within the prescribed time.

(5) The court may disallow the cost of preparing an appeal skeleton argument which does not comply with these requirements or was not filed within the prescribed time

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Supplementary skeleton arguments

32.

(1) A party may file a supplementary skeleton argument only where strictly necessary and only with the permission of the court.

(2) If a party wishes to rely on a supplementary skeleton argument, it must be lodged and served as soon as practicable. It must be accompanied by a request for permission setting out the reasons why a supplementary skeleton argument is necessary and why it could not reasonably have been lodged earlier.

(3) Only exceptionally will the court allow the use of a supplementary skeleton argument if lodged later than 7 days before the hearing.

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Documents to be provided to court reporters at the hearing of an appeal

33.

(1) Where a party is legally represented at the hearing of an appeal, the legal representative must bring to the hearing two additional copies of the party’s skeleton argument (including any supplementary skeleton argument) for provision to accredited law reporters and accredited media reporters in accordance with the following provisions of this paragraph.

(2) In appeals in family proceedings involving a child, the copies of the skeleton argument must be in anonymised form and must omit any detail that might, if reported, lead to the identification of the child.  

(3) The additional copies must be supplied before the commencement of the hearing to the usher or other court official present in court.

(4) The usher or other court official to whom the copies are supplied must provide one copy to an accredited law reporter (upon production of their Royal Courts of Justice security pass) and one copy to an accredited media reporter (upon production of their press pass), if so requested by them. Those copies are to be provided only for the purpose of reporting the court proceedings and on the basis that the recipients may remove them from the court and make further copies of them for distribution to other accredited reporters in court, again only for the purpose of reporting the court proceedings.

(5) Any party may apply orally to the court at the commencement of the hearing for a direction lifting or varying the obligations imposed by sub-paragraphs (3) and (4). Where a party intends to make such an application or is notified by another party of the intention to make one, the operation of those sub-paragraphs is suspended pending the ruling of the court.

(6) In deciding whether to make a direction under sub-paragraph (5), the court must take into account all the circumstances of the case and have regard in particular to—

(a) the interests of justice;

(b) the public interest;

(c) the protection of the interests of any child, vulnerable adult or protected party;

(d) the protection of the identity of any person intended to be protected by an order or direction relating to anonymity; and

(e) the nature of any private or confidential information (including information relating to personal financial matters) in the document.

A direction may permit a skeleton argument to be supplied in redacted or anonymised form.

(7) For the purposes of this paragraph, “the hearing of an appeal” includes a hearing listed as an application for permission to appeal with the appeal to follow immediately if permission is granted.

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