The Family Procedure (Adoption) Rules 2005

Permission

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

(a) against a decision in assessment proceedings relating to costs in proceedings where the decision appealed against was made by a district judge or a costs judge; or

(b) as provided by the relevant practice direction.

(2) An application for permission to appeal may be made—

(a) to the lower court, if that court is a county court or the High Court, at the hearing at which the decision to be appealed was made; or

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

• (Rule 174 sets out the time limits for filing an appellant’s notice at the appeal court. Rule 175 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 174(1) and 175(3).)

(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) 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.

(5) A request under paragraph (4) must be filed within 7 days beginning with the date on which the notice that permission has been refused was served.

(6) Permission to appeal will only be given 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.

(8) In this rule “costs judge” means a taxing master of the Supreme Court.