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see also Part 19

# Practice Direction – Appeals This Practice Direction supplements Part 19 of the Family Procedure (Adoption) Rules 2005

## 1

This practice direction applies to all appeals to which Part 19 applies and in this practice direction a reference to a ‘judge’ includes a district judge, including a district judge of the principal registry of the Family Division.

## Routes of appeal

### 2.1

The following table sets out to which court or judge an appeal is to be made (subject to obtaining any necessary permission) –

Decision of – | Appeal made to –
--- | ---
Magistrates’ court | a county court
District judge of a county court | Circuit judge
District judge of the High Court | High Court judge
District judge of the principal registry of the Family Division | High Court judge
Costs judge | High Court judge
Circuit judge or recorder | Court of Appeal
High Court judge | Court of Appeal

(Section 16(1) of the Supreme Court Act 1981 (as amended); section 77(1) of the County Courts Act 1984 (as amended); section 94 of the Children Act 1989 (as amended), the Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) Order 2005 and the Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) Order 2009 set out the provisions governing routes of appeal.)

### 2.2

Where the decision to be appealed is a decision in a Part 10 application on a point of law in a case which did not involve any substantial dispute of fact, the court to which the appeal lies, where that court is the High Court or a county court and unless the appeal would lie to the Court of Appeal in any event, must consider whether to order the appeal to be transferred to the Court of Appeal under rule 182.

## Grounds for appeal

### 3.1

Rule 181(3) sets out the circumstances in which the appeal court will allow an appeal.

### 3.2

The grounds of appeal should –

(1) set out clearly the reasons why rule 181(3)(a) or (b) is said to apply; and

(2) specify, in respect of each ground, whether the ground raises an appeal on a point of law or is an appeal against a finding of fact.

## Permission to appeal

### 4.1

Rule 173 sets out the circumstances when permission to appeal is required.

(The requirement of permission to appeal may be imposed by a practice direction – see rule 173(1)(b).)

### Court to which permission to appeal application should be made

#### 4.2

An application for permission should be made orally at the hearing at which the decision to be appealed against is made, where that decision is made by the High Court or a county court.

#### 4.3

Where –

(a) no application for permission to appeal is made at the hearing;

(b) the decision being appealed was made by a magistrates’ court; or

(c) the lower court refuses permission to appeal,

an application for permission to appeal may be made to the appeal court in accordance with rules 173(2) and (3).

(Rule 171(3) defines ‘lower court’.)

#### 4.4

There is no appeal from a decision of the appeal court to allow or refuse permission to appeal to that court (although where the appeal court, without a hearing, refuses permission to appeal, the person seeking permission may request that decision to be reconsidered at a hearing). See section 54(4) of the Access to Justice Act 1999 and rule 173(2), (3), (4) and (5).

### Consideration of Permission without a hearing

#### 4.5

Applications for permission to appeal may be considered by the appeal court without a hearing.

#### 4.6

If permission is granted without a hearing the parties will be notified of that decision and the procedure in paragraphs 6.1 to 6.8 will then apply.

#### 4.7

If permission is refused without a hearing the parties will be notified of that decision with the reasons for it. The decision is subject to the appellant’s right to have it reconsidered at an oral hearing. This may be before the same judge.

#### 4.8

A request for the decision to be reconsidered at an oral hearing must be filed at the appeal court within 7 days after service of the notice that permission has been refused. A copy of the request must be served on the respondent. Unless the court directs otherwise, a court officer will effect service.

### Permission hearing

#### 4.9

Where an appellant, who is represented, makes a request for a decision to be reconsidered at an oral hearing, the appellant’s advocate must, at least 4 days before the hearing, in a brief written statement –

(a) inform the court and the respondent of the points which he proposes to raise at the hearing;

(b) set out his reasons why permission should be granted notwithstanding the reasons given for the refusal of permission; and

(c) confirm, where applicable, that the requirements of paragraph 4.12 have been complied with (appellant in receipt of services funded by the Legal Services Commission).

#### 4.10

Notice of a permission hearing will be given to the respondent but he is not required to attend unless the court requests him to do so.

#### 4.11

If the court requests the respondent’s attendance at the permission hearing, a copy of the appeal bundle will be supplied to the respondent (see paragraph 5.9) within 7 days of being notified of the request, or such other period as the court may direct. The costs of providing that bundle shall be borne by the appellant initially, but will form part of the costs of the permission application. Unless the court directs otherwise, a court officer will supply the appeal bundle.

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

#### 4.12

Where the appellant is in receipt of services funded by the Legal Services Commission (or legally aided) and permission to appeal has been refused by the appeal court without a hearing, the appellant must send a copy of the reasons the appeal court gave for refusing permission to the relevant office of the Legal Services Commission as soon as it has been received from the court. The court will require confirmation that this has been done if a hearing is requested to re-consider the question of permission.

### Limited permission

#### 4.13

Where a court under rule 173(7) gives permission to appeal on some issues only, it will –

(1) refuse permission on any remaining issues; or

(2) reserve the question of permission to appeal on any remaining issues to the court hearing the appeal.

#### 4.14

If the court reserves the question of permission under paragraph 4.13(2), the appellant must, within 14 days after service of the court’s order, inform the appeal court in writing whether he intends to pursue the reserved issues. A court officer will inform the respondent whether the appellant intends to pursue the reserved issues. If the appellant does intend to pursue the reserved issues, the parties must include in any time estimate for the appeal hearing, their time estimate for the reserved issues.

#### 4.15

If the appeal court refuses permission to appeal on the remaining issues without a hearing and the applicant wishes to have that decision reconsidered at an oral hearing, the time limit in rule 173(5) shall apply. Any application for an extension of this time limit should be made promptly. The court hearing the appeal on the issues for which permission has been granted will not normally grant, at the appeal hearing, an application to extend the time limit in rule 173(5) for the remaining issues.

#### 4.16

If the appeal court refuses permission to appeal on remaining issues at or after an oral hearing, the application for permission to appeal on those issues cannot be renewed at the appeal hearing. See section 54(4) of the Access to Justice Act 1999.

### Respondents’ costs of permission applications

#### 4.17

In most cases, applications for permission to appeal will be determined without the court requesting –

(1) submissions from; or

(2) if there is an oral hearing, attendance by,

the respondent.

#### 4.18

Where the court does not request submissions from or attendance by the respondent, costs will not normally be allowed to a respondent who volunteers submissions or attendance.

#### 4.19

Where the court does request –

(1) submissions from; or

(2) attendance by the respondent,

the court will normally allow the respondent his costs if permission is refused.

## Appellant’s notice

### 5.1

An appellant’s notice must be filed and served in all cases. Where an application for permission to appeal is made to the appeal court it must be applied for in the appellant’s notice.

### Human Rights

#### 5.2

Where the appellant seeks –

(a) to rely on any issue under the Human Rights Act 1998; or

(b) a remedy available under that Act,

for the first time in an appeal, he must include in his appeal notice the information required by rule 116(1).

#### 5.3

The practice direction supplementing Part 13 shall apply as if references to the directions hearing were to the application for permission to appeal.

### Extension of time for filing appellant’s notice

#### 5.4

If an appellant requires an extension of time for filing his notice the application must be made in the appellant’s notice. The notice should state the reason for the delay and the steps taken prior to the application being made.

#### 5.5

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 be heard on that application. A copy of the appeal bundle must be served on the respondent (see paragraph 5.9). Unless the court directs otherwise, a court officer will effect service. However, a respondent who unreasonably opposes an extension of time runs the risk of being ordered to pay the appellant’s costs of that application.

#### 5.6

If an extension of time is given following such an application the procedure at paragraphs 6.1 to 6.8 applies.

#### 5.6A

Paragraphs 5.4 to 5.6 do not apply to an appeal to a county court under section 111A of the Magistrates’ Courts Act 1980.

### Applications

#### 5.7

Notice of an application to be made to the appeal court for a remedy incidental to the appeal (e.g. an interim injunction under rule 118) may be included in the appeal notice or in a Part 9 application notice.

(Paragraph 9 of this practice direction contains other provisions relating to applications.)

### Documents

#### 5.8

The appellant must file the following documents together with an appeal bundle (see paragraph 5.9) with his appellant’s notice –

(a) two additional copies of the appellant’s notice for the appeal court;

(b) one copy of the appellant’s notice for each of the respondents;

(c) one copy of his skeleton argument for each copy of the appellant’s notice that is filed (see paragraph 5.9);

(d) a sealed or stamped copy of the order being appealed or a copy of the notice of the making of an order;

(e) a copy of any order giving or refusing permission to appeal, together with a copy of the judge’s reasons for allowing or refusing permission to appeal; and

(f) any witness statements or affidavits in support of any application included in the appellant’s notice.

#### 5.9

An appellant must include the following documents in his appeal bundle –

(a) a sealed or stamped copy of the appellant’s notice;

(b) a sealed or stamped copy of the order being appealed, or a copy of the notice of the making of an order;

(c) a copy of any order giving or refusing permission to appeal, together with a copy of the judge’s reasons for allowing or refusing permission to appeal;

(d) any affidavit or witness statement filed in support of any application included in the appellant’s notice;

(e) a copy of his skeleton argument;

(f) a transcript or note of judgment or, in a magistrates’ court, written reasons for the courts decision (see paragraph 5.23), and in cases where permission to appeal was given by the lower court or is not required those parts of any transcript of evidence which are directly relevant to any question at issue on the appeal;

(g) the application form;

(h) any application notice (or case management documentation) relevant to the subject of the appeal;

(i) any other documents which the appellant reasonably considers necessary to enable the appeal court to reach its decision on the hearing of the application or appeal; and

(j) such other documents as the court may direct.

#### 5.10

All documents that are extraneous to the issues to be considered on the application or the appeal must be excluded. The appeal bundle may include affidavits, witness statements, summaries, experts’ reports and exhibits but only where these are directly relevant to the subject matter of the appeal.

#### 5.11

Where the appellant is represented, the appeal bundle must contain a certificate signed by his solicitor, counsel or other representative to the effect that he has read and understood paragraph 5.10 and that the composition of the appeal bundle complies with it.

#### 5.12

Where it is not possible to file all the above documents, the appellant must indicate which documents have not yet been filed and the reasons why they are not currently available. The appellant must then provide a reasonable estimate of when the missing document or documents can be filed and file them as soon as reasonably practicable.

### Skeleton arguments

#### 5.13

The appellant’s notice must, subject to paragraphs 5.14 and 5.15, be accompanied by a skeleton argument. Alternatively the skeleton argument may be included in the appellant’s notice. Where the skeleton argument is so included it will not form part of the notice for the purposes of rule 178.

#### 5.14

Where it is impracticable for the appellant’s skeleton argument to accompany the appellant’s notice it must be filed and served on all respondents within 14 days of filing the notice. Unless the court directs otherwise, a court officer will effect service.

#### 5.15

An appellant who is not represented need not file a skeleton argument but is encouraged to do so since this will be helpful to the court.

#### 5.16

A skeleton argument must contain a numbered list of the points which the party wishes to make. These should both define and confine the areas of controversy. Each point should be stated as concisely as the nature of the case allows.

#### 5.17

A numbered point must be followed by a reference to any document on which the party wishes to rely.

#### 5.18

A skeleton argument must state, in respect of each authority cited –

(a) the proposition of law that the authority demonstrates; and

(b) the parts of the authority (identified by page or paragraph references) that support the proposition.

#### 5.19

If more than one authority is cited in support of a given proposition, the skeleton argument must briefly state the reason for taking that course.

#### 5.20

The statement referred to in paragraph 5.19 should not materially add to the length of the skeleton argument but should be sufficient to demonstrate, in the context of the argument –

(a) the relevance of the authority or authorities to that argument; and

(b) that the citation is necessary for a proper presentation of that argument.

#### 5.21

The cost of preparing a skeleton argument which –

(a) does not comply with the requirements set out in this paragraph; or

(b) was not filed within the time limits provided by this Practice Direction (or any further time granted by the court),

will not be allowed on assessment except to the extent that the court otherwise directs.

#### 5.22

The appellant should consider what other information the appeal court will need. This may include a list of persons who feature in the case or glossaries of technical terms. A chronology of relevant events will be necessary in most appeals.

### Suitable record of the judgment

#### 5.23

Where the judgment to be appealed has been officially recorded by the court, an approved transcript of that record should accompany the appellant’s notice. Photocopies will not be accepted for this purpose. However, where there is no officially recorded judgment, the following documents will be acceptable –

#### Written judgments

Where the judgment was made in writing a copy of that judgment endorsed with the judge’s signature.

#### Written reasons

In a magistrates’ court, a copy of the written reasons for the court’s decision. The magistrates’ court will make a record in writing of the reasons for its decisions in all proceedings brought under the Adoption and Children Act 2002. The Family Proceedings Courts (Matrimonial Proceedings etc.) Rules 1991 (rules 11 and 12) and the Family Proceedings Courts (Children Act 1989) Rules 1991 (rules 20 and 21) already require the justices’ clerk in consultation with the justice or justices to record in writing the reasons for the court’s decision and for the justices’ clerk to keep a written note of the substance of oral evidence given at a hearing. Proceedings to which those rules apply include proceedings under the Children Act 1989 and those under the Domestic Proceedings and Magistrates’ Courts Act 1978. The requirement for the magistrates’ court to give written reasons for its decision is not to be restricted to those proceedings covered by those rules but is to apply to all proceedings brought under the Adoption and Children Act 2002. A Practice Direction coming into force on 6th April 2009 and made by the Lord Chief Justice relating to written reasons in proceedings related to family proceedings includes provision to the effect that the magistrates’ court will make a record in writing of the reasons for its decisions in all proceedings for the purpose of enforcing an order made in any proceedings under the Adoption and Children Act 2002.

#### Note of judgment

When judgment was not officially recorded or made in writing a note of the judgment (agreed between the appellant’s and respondent’s advocates) should be submitted for approval to the judge whose decision is being appealed. If the parties cannot agree on a single note of the judgment, both versions should be provided to that judge with an explanatory letter. For the purpose of an application for permission to appeal the note need not be approved by the respondent or the lower court judge.

#### Advocates’ notes of judgments where the appellant is unrepresented

When the appellant was unrepresented in the lower court it is the duty of any advocate for the respondent to make his/her note of judgment promptly available, free of charge to the appellant where there is no officially recorded judgment or if the court so directs. Where the appellant was represented in the lower court it is the duty of his/her own former advocate to make his/her note available in these circumstances. The appellant should submit the note of judgment to the appeal court.

#### 5.24

An appellant may not be able to obtain an official transcript or other suitable record of the lower court’s decision within the time within which the appellant’s notice must be filed. In such cases the appellant’s notice must still be completed to the best of the appellant’s ability on the basis of the documentation available. However it may be amended subsequently with the permission of the appeal court in accordance with rule 178.

### Advocates’ notes of judgments

#### 5.25

Advocates’ brief (or, where appropriate, refresher) fee includes –

(1) remuneration for taking a note of the judgment of the court;

(2) having the note transcribed accurately;

(3) attempting to agree the note with the other side if represented;

(4) submitting the note to the judge for approval where appropriate;

(5) revising it if so requested by the judge;

(6) providing any copies required for the appeal court, instructing solicitors and lay client; and

(7) providing a copy of his note to an unrepresented appellant.

### Transcripts or Notes of Evidence

#### 5.26

When the evidence is relevant to the appeal an official transcript of the relevant evidence must be obtained. Transcripts or notes of evidence are generally not needed for the purpose of determining an application for permission to appeal.

### Notes of evidence

#### 5.27

If evidence relevant to the appeal was not officially recorded, a typed version of the judge’s or justices’ clerk’s/assistant clerk’s notes of evidence must be obtained.

### Transcripts at public expense

#### 5.28

Where the lower court or the appeal court is satisfied that an unrepresented appellant is in such poor financial circumstances that the cost of a transcript would be an excessive burden the court may certify that the cost of obtaining one official transcript should be borne at public expense.

#### 5.29

In the case of a request for an official transcript of evidence or proceedings to be paid for at public expense, the court must also be satisfied that there are reasonable grounds for appeal. Whenever possible a request for a transcript at public expense should be made to the lower court when asking for permission to appeal.

### Filing and service of appellant’s notice

#### 5.30

Rule 174 sets out the procedure and time limits for filing and serving an appellant’s notice. Subject to paragraph 5.30A, the appellant must file the appellant’s notice at the appeal court within such period as may be directed by the lower court, where that court is the High Court or a county court, which should not normally exceed 28 days or, where the lower court directs no such period or the lower court is a magistrates’ court, within 14 days of the date of the decision that the appellant wishes to appeal.

#### 5.30A

Where the appeal is to a judge of a county court under section 111A of the Magistrates’ Courts Act 1980, the appellant’s notice must be filed and served within 21 days after the day on which the decision of the lower court was given.

#### 5.31

Where the lower court judge announces his decision and reserves the reasons for his judgment or order until a later date, he should, in the exercise of powers under rule 174(2)(a), fix a period for filing the appellant’s notice at the appeal court that takes this into account.

#### 5.32

Except where the appeal court orders otherwise a sealed or stamped copy of the appellant’s notice, including any skeleton arguments must be served on all respondents in accordance with the timetable prescribed by rule 174(3) except where this requirement is modified by paragraph 5.14 in which case the skeleton argument should be served as soon as it is filed.

#### 5.33

Except where the appeal court orders otherwise, a sealed or stamped copy of the appellant’s notice, including any skeleton arguments, must also be served on –

(a) any children’s guardian, reporting officer or children and family reporter; and

(b) where the appeal is from a magistrates’ court, the court officer.

Unless the court directs otherwise, a court officer will effect service.

#### 5.34

Unless the court otherwise directs a respondent need not take any action when served with an appellant’s notice until such time as notification is given to him that permission to appeal has been given.

#### 5.35

The court may dispense with the requirement for service of the notice on a respondent.

#### 5.36

Where the appellant is applying for permission to appeal in his appellant’s notice, his appellant’s notice and skeleton argument (but not the appeal bundle) must be served on the respondents, unless the appeal court directs otherwise.

#### 5.37

Where permission to appeal –

(a) has been given by the lower court; or

(b) is not required,

the appeal bundle must be served on the respondents and the persons mentioned in paragraph 5.33 with the appellant’s notice. Unless the court directs otherwise, a court officer will effect service.

### Amendment of Appeal Notice

#### 5.38

An appeal notice may be amended with permission. Such an application to amend and any application in opposition will normally be dealt with at the hearing unless that course would cause unnecessary expense or delay in which case a request should be made for the application to amend to be heard in advance. If the application to amend relates to an appeal from a magistrates’ court it may be heard by a district judge of the appeal court.

## Procedure after permission is obtained

### 6.1

This paragraph sets out the procedure where –

(1) permission to appeal is given by the appeal court; or

(2) the appellant’s notice is filed in the appeal court and –

(a) permission was given by the lower court; or

(b) permission is not required.

### 6.2

If the appeal court gives permission to appeal, the appeal bundle must be served on each of the respondents within 7 days beginning with the date that the order giving permission to appeal is made. Unless the court directs otherwise, a court officer will effect service.

### 6.3

The appeal court will send the parties –

(1) notification of the date of the hearing or the period of time (the ‘listing window’) during which the appeal is likely to be heard;

(2) where permission is granted by the appeal court a copy of the order giving permission to appeal; and

(3) any other directions given by the court.

### 6.4

Where the appeal court grants permission to appeal, the appellant must add the following documents to the appeal bundle –

(a) the respondent’s notice and skeleton argument (if any);

(b) those parts of the transcripts of evidence which are directly relevant to any question at issue on the appeal;

(c) the order granting permission to appeal and, where permission to appeal was granted at an oral hearing, the transcript (or note) of any judgment which was given; and

(d) any document which the appellant and respondent have agreed to add to the appeal bundle in accordance with paragraph 7.16.

### 6.5

Where permission to appeal has been refused on a particular issue, the appellant must remove from the appeal bundle all documents that are relevant only to that issue.

## Time estimates

### 6.6

If the appellant is legally represented, the appeal court must be notified, in writing, of the advocate’s time estimate for the hearing of the appeal.

### 6.7

The time estimate must be that of the advocate who will argue the appeal. It should exclude the time required by the court to give judgment.

### 6.8

A court officer will notify the respondent of the appellant’s time estimate and if the respondent disagrees with the time estimate he must inform the court within 7 days of the notification. In the absence of such notification the respondent will be deemed to have accepted the estimate proposed on behalf of the appellant.

## Respondent

### 7.1

A respondent who wishes to ask the appeal court to vary the order of the lower court in any way must appeal and permission will be required on the same basis as for an appellant.

(Paragraph 3.2 applies to grounds of appeal by a respondent.)

### 7.2

A respondent who wishes to appeal or who 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.

### 7.3

If the respondent does not file a respondent’s notice, he will not be entitled, except with the permission of the court, to rely on any reason not relied on in the lower court.

### 7.4

Paragraphs 5.2 to 5.4 of this practice direction (Human Rights and extension for time for filing appellant’s notice) also apply to a respondent and a respondent’s notice.

### Time limits

#### 7.5

The time limits for filing a respondent’s notice are set out in rule 175(4) and (5).

#### 7.6

Where an extension of time is required the extension must be requested in the respondent’s notice and the reasons why the respondent failed to act within the specified time must be included.

#### 7.7

Except where paragraph 7.8 applies, the respondent must file a skeleton argument for the court in all cases where he proposes to address arguments to the court. The respondent’s skeleton argument may be included within a respondent’s notice. Where a skeleton argument is included within a respondent’s notice it will not form part of the notice for the purposes of rule 178.

#### 7.8

A respondent who –

(a) files a respondent’s notice; but

(b) does not include his skeleton argument within that notice,

must file his skeleton argument within 14 days of filing the notice.

#### 7.9

A respondent who does not file a respondent’s notice but who files a skeleton argument must file that skeleton argument at least 7 days before the appeal hearing.

(Rule 175(4) sets out the period for filing a respondent’s notice.)

#### 7.10

A respondent who is not represented need not file a skeleton argument but is encouraged to do so in order to assist the court.

#### 7.11

The respondent’s skeleton argument must be served on –

(a) the appellant; and

(b) any other respondent.

Unless the court directs otherwise, a court officer will effect service.

#### 7.12

A respondent’s skeleton argument must conform to the directions at paragraphs 5.16 to 5.22 with any necessary modifications. It should, where appropriate, answer the arguments set out in the appellant’s skeleton argument.

### Applications within respondent’s notices

#### 7.13

A respondent may include an application within a respondent’s notice in accordance with paragraph 5.7.

### Filing respondent’s notices and skeleton arguments.

#### 7.14

The respondent must file the following documents with his respondent’s notice in every case –

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

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

#### 7.15

The respondent may file a skeleton argument with his respondent’s notice and –

(a) where he does so he must file two copies; and

(b) where he does not do so he must comply with paragraph 7.8.

#### 7.16

If the respondent wishes to rely on any documents which he reasonably considers necessary to enable the appeal court to reach its decision on the appeal in addition to those filed by the appellant, any amendments to the appeal bundle should be agreed with the appellant if possible.

#### 7.17

If the representatives for the parties are unable to reach agreement, the respondent may prepare a supplemental bundle.

#### 7.18

If the respondent prepares a supplemental bundle he must file it, together with the requisite number of copies for the appeal court, at the appeal court –

(a) with the respondent’s notice; or

(b) if a respondent’s notice is not filed, within 21 days after he is served with the appeal bundle.

#### 7.19

The following documents must be served –

(1) the respondent’s notice;

(2) his skeleton argument (if any); and

(3) the supplemental bundle (if any),

on –

(a) the appellant; and

(b) any other respondent,

as soon as practicable and in any event not later than 7 days after the respondent’s notice was filed. Unless the court directs otherwise, a court officer will effect service.

## The application of the rules in Part 19 to appeals under section 111A of the Magistrates’ Courts Act 1980 (‘the 1980 Act’) from a magistrates’ court to a county court on the ground that the decision is wrong in law or in excess of jurisdiction

### 8.A1

As a result of an amendment to section 111 of the 1980 Act by the Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) Order 2009 (‘the Destination Order’) an application to have a case stated for the opinion of the High Court under section 111 of that Act may not be made in relation to family proceedings. Family proceedings for those purposes are defined as –

(a) proceedings which, by virtue of section 65 of the 1980 Act, are or may be treated as family proceedings for the purposes of that Act; and

(b) proceedings under the Child Support Act 1991.

Proceedings for the purpose of enforcing an order made in any proceedings under the Adoption and Children Act 2002 are included in this definition.

### 8.A2

Section 111A of the 1980 Act, which is inserted by article 4(3) of the Destination Order, provides that in family proceedings as defined in paragraph 8.A1 above a person may appeal to a county court on the ground that a decision is wrong in law or is in excess of jurisdiction; this appeal to a county court replaces the procedure for making an application to have a case stated. The reference in rule 171(3) to an “appeal” including an appeal by way of case stated will no longer be needed. Section 111A(3)(a) provides that no appeal may be brought under section 111A if there is a right of appeal to a county court against the decision otherwise than under that section. Section 111A does not apply where there is a statutory right of appeal to a county court under section 94 of the Children Act 1989.

### 8.A3

The following rules in Part 19 apply to appeals under section 111A subject to section 111A of the 1980 Act –

– rule 171 except the reference to appeals by way of case stated;

– rule 172;

– rule 174 subject to section 111A(4) of the 1980 Act which provides that the notice of appeal must be filed within 21 days after the day on which the decision of the magistrates’ court was given; and

– rules 177 and 178.

### 8.A4

The appellant’s notice should be served within 21 days after the day on which the decision of the magistrates’ court was given.

## Appeals to a County Court from the decision of a Magistrates’ Court

### Application

#### 8.1

Paragraphs 8.2 to 8.3B apply where an appeal lies to a county court from a decision of a magistrates’ court under section 94 of the Children Act 1989 and paragraph 8.2 also applies to appeals under section 111A of 1980 Act.

#### 8.2

The appellant’s notice must be filed in an adoption centre or an intercountry adoption centre within the meaning of article 2 (c) and (d) of the Allocation and Transfer of Proceedings Order 2008.

#### 8.3

A respondent’s notice must be filed at the court where the appellant’s notice was filed.

#### 8.3A

Where the appeal is an appeal from a decision of a magistrates’ court under section 94 of the 1989 Act , the appellant’s notice and accompanying documents may be filed in the principal registry of the Family Division of the High Court.

#### 8.3B

Article 11 of the Destination Order amends article 3 of the Allocation and Transfer of Proceedings Order 2008 to provide that the principal registry of the Family Division of the High Court is treated as a county court for the purposes of appeals from decisions of a magistrates' court under section 94 of the Children Act 1989.

### High Court: Appeals from a district judge to a judge

#### 8.4

In the case of appeals from district judges of the High Court, appeals, applications for permission and any other applications in the appeal may be heard and directions in the appeal may be given by a High Court Judge or by any person authorised under section 9 of the Supreme Court Act 1981 to act as a judge of the High Court.

### Appeals to a judge of a county court from a district judge

#### 8.5

The Designated Family Judge in consultation with the Family Division Liaison Judges has responsibility for allocating appeals from decisions of district judges to circuit judges.

## Applications

### 9.1

Where a party to an appeal makes an application whether in an appeal notice or by Part 9 application notice, the provisions of Part 9 will apply.

### 9.2

The applicant must file the following documents with the notice –

(1) one additional copy of the application notice for the appeal court and one copy for each of the respondents;

(2) where applicable a sealed or stamped copy of the order which is the subject of the main appeal or a copy of the notice of the making of an order;

(3) a bundle of documents in support which should include –

(a) the Part 9 application notice; and

(b) any witness statements and affidavits filed in support of the application notice.

## Disposing of applications or appeals by consent

### 10.1

Where an appellant does not wish to pursue an application or an appeal, he may request the appeal court for an order that his application or appeal be dismissed. Such a request must state whether the appellant is a child, non-subject child or protected party.

### 10.2

The request must be accompanied by a consent signed by the other parties stating whether the respondent is a child, non-subject child or protected party and consents to the dismissal of the application or appeal.

### 10.3

Where the application relates to an appeal from a magistrates’ court, the application may be heard by a district judge of the appeal court.

## Allowing unopposed appeals or applications on paper

### 11

The appeal court will not normally make an order allowing an appeal unless satisfied that the decision of the lower court was wrong, but the appeal court may set aside or vary the order of the lower court with consent and without determining the merits of the appeal, if it is satisfied that there are good and sufficient reasons for doing so. Where the appeal court is requested by all parties to allow an application or an appeal the court may consider the request on the papers. The request should state whether any of the parties is a child, non-subject child or protected party and set out the relevant history of the proceedings and the matters relied on as justifying the proposed order and be accompanied by a copy of the proposed order.

## Withdrawal of appeal

### 12

An application to withdraw an appeal from a decision of a magistrates’ court may be heard by a district judge of the appeal court.

## Summary assessment of costs

### 13.1

Costs are likely to be assessed by way of summary assessment at the following hearings –

(1) contested directions hearings;

(2) applications for permission to appeal at which the respondent is present;

(3) appeals from case management decisions or decisions made at directions hearings; and

(4) appeals listed for one day or less.

(Provision for summary assessment of costs is made by section 13 of the practice direction supplementing CPR Part 44.)

### 13.2

Parties attending any of the hearings referred to in paragraph 13.1 should be prepared to deal with the summary assessment.

## Reopening of final appeals

### 14.1

This paragraph applies to applications under rule 183 for permission to reopen a final determination of an appeal.

### 14.2

In this paragraph, ‘appeal’ includes an application for permission to appeal.

### 14.3

Permission must be sought from the court whose decision the applicant wishes to reopen.

### 14.4

The application for permission must be made by application notice and supported by written evidence, verified by a statement of truth.

### 14.5

A copy of the application for permission must not be served on any other party to the original appeal unless the court so directs.

### 14.6

Where the court directs that the application for permission is to be served on another party, that party may within 14 days of the service on him of the copy of the application file a written statement either supporting or opposing the application which, unless the court directs otherwise, a court officer will serve on the other parties.

### 14.7

The application for permission, and any written statements supporting or opposing it, will be considered on paper by a single judge, and will be allowed to proceed only if the judge so directs.

Published by TSO on behalf of the Ministry of Justice

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