The Civil Procedure Rules 1998

[F1 I GENERAL RULES ABOUT APPEALS E+W

Textual Amendments

F1 Pt. 52 inserted (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rule 1(b), Sch. 5 (with rule 39(a)) (as amended by S.I. 2000/940, rules 1, 2)

Scope and interpretation E+W

52.1— (1) The rules in this Part apply to appeals to—

(a) the civil division of the Court of Appeal;

(b) the High Court; and

(c) a county court.

[F2 (2) This Part does not apply to an appeal in detailed assessment proceedings against a decision of an authorised court officer.]

F3 ...

(Rules [F4 47.21 to 47.24] deal with appeals against a decision of an authorised court officer in detailed assessment proceedings)

(3) In this Part—

(a) “appeal” includes an appeal by way of case stated;

(b) “appeal court” means the court to which an appeal is made;

(c) “lower court” means the court, tribunal or other person or body from whose decision an appeal is brought;

(d) “appellant” means a person who brings or seeks to bring an appeal;

(e) “respondent” means—

(i) a person other than the appellant who was a party to the proceedings in the lower court and who is affected by the appeal; and

(ii) a person who is permitted by the appeal court to be a party to the appeal; and

(f) “appeal notice” means an appellant’s or respondent’s notice.

(4) This Part is subject to any rule, enactment or practice direction which sets out special provisions with regard to any particular category of appeal.

Textual Amendments

F2 Rule 52.1(2) substituted (2.10.2000) by The Civil Procedure (Amendment No. 4) Rules 2000 (S.I. 2000/2092), rules 1, 20 (with rule 29)

F3 Words in rule 52.1 omitted (2.10.2000) by virtue of The Civil Procedure (Amendment No. 4) Rules 2000 (S.I. 2000/2092), rules 1, 21 (with rule 29)

F4 Words in rule 52.1 substituted (1.10.2013) by The Civil Procedure (Amendment No.7) Rules 2013 (S.I. 2013/1974), rules 2, 23

Parties to comply with [F5 Practice Directions 52A to 52E] E+W

52.2   All parties to an appeal must comply with [F6 Practice Directions 52A to 52E].

Textual Amendments

F5 Words in rule 52.2 heading substituted (1.10.2012) by The Civil Procedure (Amendment No.2) Rules 2012 (S.I. 2012/2208), rules 1, 8(a)

F6 Words in rule 52.2 substituted (1.10.2012) by The Civil Procedure (Amendment No.2) Rules 2012 (S.I. 2012/2208), rules 1, 8(a)

Permission E+W

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

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

(i) a committal order;

(ii) a refusal to grant habeas corpus; or

(iii) a secure accommodation order made under section 25 of the Children Act 1989(1); or

(b) as provided by [F7 Practice Direction 52].

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

(2) 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; or

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

(Rule 52.4 sets out the time limits for filing an appellant’s notice at the appeal court. Rule 52.5 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 52.4(1) and 52.5(3))

(Rule 52.13(1) provides that permission is required from the Court of Appeal for all appeals to that court from a decision of a county court or the High Court which was itself made on appeal)

(3) Where the lower court refuses an application for permission to appeal, a further application for permission to appeal may be made to the appeal court.

(4) [F8 Subject to paragraph (4A), where] the appeal court, without a hearing, refuses permission to appeal, the person seeking permission may request the decision to be reconsidered at a hearing.

[F9 (4A) (a) Where a judge of the Court of Appeal or of the High Court, a Designated Civil Judge or a Specialist Circuit Judge refuses permission to appeal without a 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 a hearing.

(b) For the purposes of subparagraph (a) “Specialist Circuit Judge” means a Patents County Court judge and any circuit judge in any county court nominated to hear cases in the Mercantile, Chancery or Technology and Construction Court lists.]

(4B) °Rule 3.3(5) will not apply to an order that the person seeking permission may not request the decision to be reconsidered at a hearing made under paragraph (4A).

(5) A request under paragraph (4) must be filed within seven days after service of the notice that permission has been refused.

(6) [F10 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 why the appeal should be heard.

(7) An order giving permission 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

F7 Words in rule 52.3(1)(b) substituted (6.4.2010) by The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(2), 28(c)

F8 Words in rule 52.3(4) substituted (2.10.2006) by The Civil Procedure (Amendment) Rules 2006 (S.I. 2006/1689), rules 1, 7(1)(a)

F9 Rule 52.3(4A) substituted (1.10.2012) by The Civil Procedure (Amendment No.2) Rules 2012 (S.I. 2012/2208), rules 1, 8(b)

F10 Words in rule 52.3(6) substituted (6.4.2006) by The Civil Procedure (Amendment No.4) Rules 2005 (S.I. 2005/3515), rules 1, 11(b)

Appellant’s notice E+W

52.4— (1) Where the appellant seeks permission from the appeal court it must be requested in the appellant’s notice.

(2) The appellant must file the appellant’s notice at the appeal court within—

(a) such period as may be directed by the lower court [F11 (which may be longer or shorter than the period referred to in sub-paragraph (b))]; or

(b) where the court makes no such direction, [F12 21] days after the date of the decision of the lower court that the appellant wishes to appeal.

(3) [F13 Subject to paragraph (4) and unless] the appeal court orders otherwise, [F14 an appellant’s notice] must be served on each respondent—

(a) as soon as practicable; and

(b) in any event not later than 7 days,

after it is filed.

[F15 (4) Where an appellant seeks permission to appeal against a decision to refuse to grant an interim injunction under section 41 of the Policing and Crime Act 2009 the appellant is not required to serve the appellant’s notice on the respondent.]

Textual Amendments

F11 Words in rule 52.4(2)(a) inserted (6.4.2006) by The Civil Procedure (Amendment No.4) Rules 2005 (S.I. 2005/3515), rules 1, 11(c)(i)

F12 Word in rule 52.4(2)(b) substituted (6.4.2006) by The Civil Procedure (Amendment No.4) Rules 2005 (S.I. 2005/3515), rules 1, 11(c)(ii)

F13 Words in rule 52.4(3) substituted (31.1.2011) by The Civil Procedure (Amendment No.2) Rules 2010 (S.I. 2010/1953), rules 1(3), 6(a); S.I. 2010/2988, art. 2

F14 Words in rule 52.4(3) substituted (6.4.2006) by The Civil Procedure (Amendment No.4) Rules 2005 (S.I. 2005/3515), rules 1, 11(c)(iii)

F15 Rule 52.4(4) inserted (31.1.2011) by The Civil Procedure (Amendment No.2) Rules 2010 (S.I. 2010/1953), rules 1(3), 6(b); S.I. 2010/2988, art. 2

Respondent’s notice E+W

52.5— (1) A respondent may file and serve a respondent’s notice.

(2) A respondent who—

(a) is seeking permission to appeal from the appeal court; or

(b) 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.

(3) Where the respondent seeks permission from the appeal court it must be requested in the respondent’s notice.

(4) A respondent’s notice must be filed within—

(a) such period as may be directed by the lower court; or

(b) where the court makes no such direction, 14 days after the date in paragraph (5).

(5) The date referred to in paragraph (4) is—

(a) the date the respondent is served with the appellant’s notice where—

(i) permission to appeal was given by the lower court; or

(ii) permission to appeal is not required;

(b) the date the respondent is served with notification that the appeal court has given the appellant permission to appeal; or

(c) the date the respondent is served with notification that the application for permission to appeal and the appeal itself are to be heard together.

(6) Unless the appeal court orders otherwise a respondent’s notice must be served on the appellant and any other respondent—

(a) as soon as practicable; and

(b) in any event not later than 7 days,

after it is filed.

[F16 (7) This rule does not apply where rule 52.4(4) applies.]

Textual Amendments

F16 Rule 52.5(7) inserted (31.1.2011) by The Civil Procedure (Amendment No.2) Rules 2010 (S.I. 2010/1953), rules 1(3), 6(c); S.I. 2010/2988, art. 2

Variation of time E+W

52.6— (1) An application to vary the time limit for filing an appeal notice must be made to the appeal court.

(2) The parties may not agree to extend any date or time limit set by—

(a) these Rules;

(b) [F17 Practice Direction 52]; or

(c) an order of the appeal court or the lower court.

(Rule 3.1(2)(a) provides that the court may extend or shorten the time for compliance with any rule, practice direction or court order (even if an application for extension is made after the time for compliance has expired))

(Rule 3.1(2)(b) provides that the court may adjourn or bring forward a hearing)

Textual Amendments

F17 Words in rule 52.6(2)(b) substituted (6.4.2010) by The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(2), 28(c)

Stay^(gl) E+W

52.7   Unless—

(a) the appeal court or the lower court orders otherwise; or

(b) the appeal is from the [F18 Immigration and Asylum Chamber of the Upper Tribunal],

an appeal shall not operate as a stay of any order or decision of the lower court.

Textual Amendments

F18 Words in rule 52.7(b) substituted (15.2.2010) by The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(4), 28(d)

Amendment of appeal notice E+W

52.8   An appeal notice may not be amended without the permission of the appeal court.

Striking out ^(gl) appeal notices and setting aside or imposing conditions on permission to appeal E+W

52.9— (1) The appeal court may—

(a) strike out the whole or part of an appeal notice;

(b) set aside^(gl) permission to appeal in whole or in part;

(c) impose or vary conditions upon which an appeal may be brought.

(2) The court will only exercise its powers under paragraph (1) where there is a compelling reason for doing so.

(3) Where a party was present at the hearing at which permission was given he may not subsequently apply for an order that the court exercise its powers under sub-paragraphs (1)(b) or (1)(c).

[F19 Orders to limit the recoverable costs of an appeal E+W

52.9A.— (1) In any proceedings in which costs recovery is normally limited or excluded at first instance, an appeal court may make an order that the recoverable costs of an appeal will be limited to the extent which the court specifies.

(2) In making such an order the court will have regard to—

(a) the means of both parties;

(b) all the circumstances of the case; and

(c) the need to facilitate access to justice.

(3) If the appeal raises an issue of principle or practice upon which substantial sums may turn, it may not be appropriate to make an order under paragraph (1).

(4) An application for such an order must be made as soon as practicable and will be determined without a hearing unless the court orders otherwise.]

Textual Amendments

F19 Rule 52.9A inserted (1.4.2013) by The Civil Procedure (Amendment) Rules 2013 (S.I. 2013/262), rules 2, 17(b) (with rule 22)

Appeal court’s powers E+W

52.10— (1) In relation to an appeal the appeal court has all the powers of the lower court.

(Rule 52.1(4) provides that this Part is subject to any enactment that sets out special provisions with regard to any particular category of appeal—where such an enactment gives a statutory power to a tribunal, person or other body it may be the case that the appeal court may not exercise that power on an appeal)

(2) The appeal court has power to—

(a) affirm, set aside or vary any order or judgment made or given by the lower court;

(b) refer any claim or issue for determination by the lower court;

(c) order a new trial or hearing;

(d) make orders for the payment of interest;

(e) make a costs order.

(3) In an appeal from a claim tried with a jury the Court of Appeal may, instead of ordering a new trial—

(a) make an order for damages^(gl) or

(b) vary an award of damages made by the jury.

(4) The appeal court may exercise its powers in relation to the whole or part of an order of the lower court.

[F20 (5) If the appeal court—

(a) refuses an application for permission to appeal;

(b) strikes out an appellant’s notice; or

(c) dismisses an appeal,

and it considers that the application, the appellant’s notice or the appeal is totally without merit, the provisions of paragraph (6) must be complied with.

(6) Where paragraph (5) applies—

(a) the court’s order must record the fact that it considers the application, the appellant’s notice or the appeal to be totally without merit; and

(b) the court must at the same time consider whether it is appropriate to make a civil restraint order.]

(Part 3 contains general rules about the court’s case management powers)

Textual Amendments

F20 Rule 52.10(5)(6) inserted (1.10.2004) by The Civil Procedure (Amendment No.2) Rules 2004 (S.I. 2004/2072), rules 1(b), 13

Hearing of appeals E+W

52.11— (1) Every appeal will be limited to a review of the decision of the lower court unless—

(a) a practice direction makes different provision for a particular category of appeal; or

(b) the court considers that in the circumstances of an individual appeal it would be in the interests of justice to hold a re-hearing.

(2) Unless it orders otherwise, the appeal court will not receive—

(a) oral evidence; or

(b) evidence which was not before the lower court.

(3) The appeal court will allow an appeal where the decision of the lower court was—

(a) wrong; or

(b) unjust because of a serious procedural or other irregularity in the proceedings in the lower court.

(4) The appeal court may draw any inference of fact which it considers justified on the evidence.

(5) At the hearing of the appeal a party may not rely on a matter not contained in his appeal notice unless the appeal court gives permission.

Non-disclosure of Part 36 offers and payments E+W

52.12— [F21 (1) The fact that a Part 36 offer [F22 or payment into court] has been made must not be disclosed to any judge of the appeal court who is to hear or determine—

(a) an application for permission to appeal; or

(b) an appeal,

until all questions (other than costs) have been determined.]

(2) Paragraph (1) does not apply if the Part 36 offer [F23 or payment into court] is relevant to the substance of the appeal.

(3) Paragraph (1) does not prevent disclosure in any application in the appeal proceedings if disclosure of the fact that a Part 36 offer [F24 or payment into court] has been made is properly relevant to the matter to be decided.

[F25 (Rule 36.3 has the effect that a Part 36 offer made in proceedings at first instance will not have consequences in any appeal proceedings. Therefore, a fresh Part 36 offer needs to be made in appeal proceedings. However, rule 52.12 applies to a Part 36 offer whether made in the original proceedings or in the appeal.)]

Textual Amendments

F21 Rule 52.12(1) substituted (1.4.2004) by The Civil Procedure (Amendment No. 5) Rules 2003 (S.I. 2003/3361), rules 1(c), 10

F22 Words in rule 52.12(1) substituted (6.4.2007) by The Civil Procedure (Amendment No.3) Rules 2006 (S.I. 2006/3435), rules 1, 13(a)

F23 Words in rule 52.12(2) substituted (6.4.2007) by The Civil Procedure (Amendment No.3) Rules 2006 (S.I. 2006/3435), rules 1, 13(b)

F24 Words in rule 52.12(3) substituted (6.4.2007) by The Civil Procedure (Amendment No.3) Rules 2006 (S.I. 2006/3435), rules 1, 13(c)

F25 Words in rule 52.12 inserted (6.4.2007) by The Civil Procedure (Amendment No.3) Rules 2006 (S.I. 2006/3435), rules 1, 13(d)

[F26 Statutory appeals – court’s power to hear any person E+W

52.12A.— (1) In a statutory appeal, any person may apply for permission—

(a) to file evidence; or

(b) to make representations at the appeal hearing.

(2) An application under paragraph (1) must be made promptly.]]

Textual Amendments

F26 Rule 52.12A inserted (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rules 1, 18(c)

(1)

1997 c. 27.