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[F1PART 52E+WAPPEALS

Textual Amendments

Modifications etc. (not altering text)

SECTION IIE+WPermission to appeal – General

Permission to appealE+W

52.3.—(1) An appellant or respondent requires permission to appeal—

(a)where the appeal is from a decision of a judge in the County Court or the High Court, or to the Court of Appeal from a decision of a judge in the family court, except where the appeal is against—

(i)a committal order [F2made in the County Court or by a single judge of the High Court not sitting on an appeal];

(ii)a refusal to grant habeas corpus; or

(iii)a secure accommodation order made under section 25 of the Children Act 1989 [F3or section 119 of the Social Services and Well-being (Wales) Act 2014]; F4...

(b)as provided by Practice Directions 52A to 52E [F5; or]

[F6(c)where the appeal is from the decision of—

(i)a Divisional Court in contempt proceedings;

(ii)a single judge of the High Court made on appeal in contempt proceedings;

(iii)the Court of Appeal in contempt proceedings; or

(iv)the Court of Appeal in proceedings other than contempt proceedings.]

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

(2) [F7Unless the appeal is within paragraph (1)(c), an] application for permission to appeal may be made—

(a)to the lower court at the hearing at which the decision to be appealed was made [F8or any adjournment of that hearing]; or

(b)to the appeal court in an appeal notice.

(Rule 52.12 sets out the time limits for filing an appellant’s notice at the appeal court. Rule 52.13 sets out the time limits for filing a respondent’s notice at the appeal court. Any application for permission to appeal to the appeal court must be made in the appeal notice (see rules 52.12(1) and 52.13(3)).)

(3) [F9Unless the appeal is within paragraph (1)(c), where] the lower court refuses an application for permission to appeal—

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

(b)the order refusing permission must specify—

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

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

Textual Amendments

F2Words in rule 52.3(1)(a)(i) inserted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 24(3)(a)(i)

F3Words in rule 52.3(1)(a)(iii) inserted (1.10.2017) by The Civil Procedure (Amendment No. 2) Rules 2017 (S.I. 2017/889), rules 1(1), 6(a)

F4Word in rule 52.3(1)(a)(iii) omitted (1.10.2023 immediately after S.I. 2023/572 comes into force) by virtue of The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 24(3)(a)(ii)

F5Word in rule 52.3(1)(b) substituted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 24(3)(a)(iii)

F6Rule 52.3(1)(c) inserted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 24(3)(a)(iv)

F7Words in rule 52.3(2) substituted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 24(3)(b)

F9Words in rule 52.3(3) substituted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 24(3)(c)

[F10Permission to appeal in certain contempt proceedingsE+W

52.3A.—(1) Where the appeal is one to which rule 52.3(1)(c)(i), (ii) or (iii) applies—

(a)an application for permission to appeal must be made to the Divisional Court or the single judge of the High Court or the Court of Appeal (as the case may be); and

(b)the application must be made within 28 days of the date on which that Court provides reasons for its decision.

(2) Where the appeal is one to which rule 52.3(1)(c)(iv) applies, an application for permission to appeal must be made to the Court of Appeal.]

Textual Amendments

F10Rule 52.3A inserted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 24(4)

Determination of applications for permission to appeal to the County Court and High CourtE+W

52.4.—(1) Where an application for permission to appeal is made to an appeal court other than the Court of Appeal, the appeal court will determine the application on paper without an oral hearing, [F11unless the court otherwise directs, or] as provided for under paragraph (2).

(2) Subject to paragraph (3) and except where a rule or practice direction provides otherwise, where the appeal court, without a hearing, refuses permission to appeal, the person seeking permission may request the decision to be reconsidered at an oral hearing.

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

(4) For the purposes of paragraph (3), “Specialist Circuit Judge” means any Circuit Judge in the County Court nominated to hear cases in the [F12Circuit Commercial], Chancery or Technology and Construction Court lists.

(5) Rule 3.3(5) (party able to apply to set aside, etc., a decision made of court’s own initiative) does not apply to an order made under paragraph (3) that the person seeking permission may not request the decision to be reconsidered at an oral hearing.

(6) A request under paragraph (2) must be filed within 7 days after service of the notice that permission has been refused.

Textual Amendments

Determination of applications for permission to appeal to the Court of AppealE+W

52.5.—(1) Where an application for permission to appeal is made to the Court of Appeal, the Court of Appeal will determine the application on paper without an oral hearing, except as provided for under paragraph (2).

(2) The judge considering the application on paper may direct that the application be determined at an oral hearing, and must so direct if the judge is of the opinion that the application cannot be fairly determined on paper without an oral hearing.

(3) An oral hearing directed under paragraph (2) must be listed—

(a)no later than 14 days from the date of the direction under that paragraph; and

(b)before the judge who made that direction,

unless the court directs otherwise.

(4) The Court of Appeal may, in any direction under paragraph (2)—

(a)identify any issue or issues on which the party seeking permission should specifically focus its submissions at the oral hearing in order to assist the court to determine the application; and

(b)direct the respondent to serve and file written submissions and to attend the oral hearing.

Permission to appeal test – first appealsE+W

52.6.—(1) Except where rule 52.7 [F13or rule 52.7A] applies, permission to appeal may be given only where—

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

(b)there is some other compelling reason for the appeal to be heard.

(2) An order giving permission under this rule or under rule 52.7 may—

(a)limit the issues to be heard; and

(b)be made subject to conditions.

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

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

Textual Amendments

F13Words in rule 52.6(1) inserted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 24(5)

Permission to appeal test – second appealsE+W

52.7.—(1) Permission is required from the Court of Appeal for any appeal to that court from a decision of the County Court, the family court or the High Court which was itself made on appeal, or a decision of the Upper Tribunal which was made on appeal from a decision of the First-tier Tribunal on a point of law where the Upper Tribunal has refused permission to appeal to the Court of Appeal.

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

(a)the appeal would—

(i)have a real prospect of success; and

(ii)raise an important point of principle or practice; or

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

[F14Permission to appeal in contempt proceedings where the appeal lies to the Supreme CourtE+W

52.7A.—(1) This rule applies where the appeal is—

(a)one to which rule 52.3(1)(c)(ii) applies; or

(b)from a decision to which rule 52.3(1)(c)(i) or (iii) applies and which was itself made on appeal.

(2) Where this rule applies the court from which the appeal lies may grant permission only if—

(a)that court certifies that a point of general public importance is involved in the decision; and

(b)it appears to that court that the point is one which ought to be considered by the Supreme Court.]]

Textual Amendments

F14Rule 52.7A inserted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 24(6)