The Civil Procedure Rules 1998

Appeals to county court E+W

Rule 6—(1) Where by or under any Act an appeal lies to a county court from any order, decision or award of any tribunal or person, then, subject to any special provision made by or under the Act, the provisions of this rule shall apply.

(2) The appellant shall, within 21 days after the date of the order, decision or award, file—

(a) a request for the entry of the appeal, stating the names and addresses of the persons intended to be served (in this rule called “respondents”) and the appellant’s address for service, together with as many copies of the request as there are respondents; and

(b) a copy of the order, decision or award appealed against.

(3) Where the provision under which the appeal lies requires the appellant to give to the other parties notice in writing of his intention to appeal and of the grounds of his appeal, the appellant shall file a copy of such notice with the request, and in any other case he shall include in his request a statement of the grounds of the appeal.

(4) On the filing of the documents mentioned in paragraphs (2) and (3) the court officer shall—

(a) enter the appeal in the records of the court and fix the return day;

(b) prepare a notice to each respondent of the day on which the appeal will be heard and annex each copy of the request for the entry of the appeal to a copy of the notice; and

(c) deliver a notice of issue to the appellant.

(5) The return day shall be a day fixed for the hearing of the appeal by the judge (or, if the district judge has jurisdiction to hear the appeal, by the district judge) or, if the court so directs, a day fixed for a pre-trial review.

(6) The notice of the day of hearing shall be served—

(a) by the appellant delivering the notice to the respondent personally; or

(b) by the court sending it by first-class post to the respondent—

(i) at his address for service; or

(ii) where CPR rule 6.5(5) applies at the place of service specified in that rule.

(7) Unless the appellant otherwise requests, service shall be effected in accordance with paragraph (6)(b).

(8) Where a notice is served in accordance with paragraph (6)(b) the date of service shall, unless the contrary is shown, be deemed to be the seventh day after the date on which the notice was sent to the respondent.

(9) Where—

(a) a notice has been sent by post in accordance with paragraph (6)(b) to the respondent’s address for service; and

(b) the notice has been returned to the court office undelivered,

the court shall send notice of non-service to the appellant pursuant to CPR Rule 6.11 together with a notice informing him that he may request bailiff service at that address.

(10) If the appellant requests bailiff service under paragraph (9), it shall be effected by a bailiff of the court—

(a) inserting the notice, enclosed in an envelope addressed to the respondent, through the letter-box at the respondent’s address for service;

(b) delivering the notice to some person, apparently not less than 16 years old, at the respondent’s address for service; or

(c) delivering the notice to the respondent personally.

(11) Service of a notice shall be effected not less than 21 days before the hearing, but service may be effected at any time before the hearing on the appellant satisfying the court by witness statement or affidavit that the respondent is about to remove from his address for service.