The Claims Management Services Tribunal Rules 2007

PART 4 Appeals from the Tribunal

Permission to appeal to the Court of Appeal

29.—(1) An application to the Tribunal for permission to appeal to the Court of Appeal may be made by the applicant—

(a) orally at the hearing immediately following the announcement of the decision by the Tribunal; or

(b) by way of written application filed not later than 14 days beginning on the day after the notification of the decision is sent to the party making the application; or

(c) by way of written application filed not later than 14 days beginning on the day after the notification under rule 28(9) that a decision is not to be set aside is sent.

(2) When an application is made under paragraph (1)(b) or (c), it must be signed by the applicant and must—

(a) state the name and address of the applicant and any representative of the applicant;

(b) identify the decision of the Tribunal to which the application relates; and

(c) state the grounds on which the applicant intends to rely.

Decision as to permission to appeal to the Court of Appeal

30.—(1) The application for permission to appeal to the Court of Appeal must be decided without an oral hearing unless—

(a) the decision is made immediately following an oral application; or

(b) the chairman considers that special circumstances render a hearing desirable.

(2) The decision of the Tribunal on an application for permission to appeal to the Court of Appeal, together with the reasons for its decision, must be recorded in writing.

(3) Unless the decision is given immediately following an oral application, the secretary must notify the applicant and each of the other parties of the decision and the reasons for the decision in writing.

(4) When the Tribunal refuses the application, the notification to the applicant under paragraph (3) must include notification of the time within which an application may be made to the Court of Appeal for permission to appeal to that court.

Appeal remitted by the Court of Appeal for rehearing

31.  Where the Court of Appeal remits an appeal to the Tribunal for rehearing and determination (“the rehearing”)—

(a) these Rules, so far as relevant, must apply to the rehearing as they did to the original hearing of the appeal; and

(b) the Tribunal must, within 28 days of the remittal, give directions in relation to the rehearing.