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Summary Civil Litigation - Appeals Notes
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Civil Litigation Syllabus Notes on Appeals, used in conjunction with The White Book 2020 from BPTC 2019/2020.
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SYLLABUS 22 APPEALSCPR: Part 52
52.1 Scope
The rules here apply to appeals to— the civil division of the COA, the HC and CC (does not
apply to an appeal in detailed assessment proceedings against a decision of an authorised
court officer). This part is subject to any rule, enactment or PD which sets out special
provisions with regard to any particular category of appeal.
APPEAL= incl. an appeal by way of case stated
APPEAL COURT= the court to which an appeal is made
LOWER COURT= the court, tribunal or other person or body from whose decision an appeal
is brought.
APPELLANT= a person who brings or seeks to bring an appeal;
RESPONDENT = 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 a person who is permitted by the
appeal court to be a party to the appeal.
APPEAL NOTICE= an appellant’s or respondent’s notice.
52.3 permission to appeal
An appellant or respondent requires permission to appeal—
(a) Where the appeal is from a decision of a judge in the CC or the HC, or to the COA from
a decision of a judge in the family 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 s.25 CA 1989 or s.119 Social Services
and Well-being (Wales) Act 2014.
(b) as provided by PD 52A to 52E.
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.
(r52.12+13- time limits for filing an appellant’s/respondent’s notice at the appeal court).
Applications to the appeal court must be made in the appeal notice (r 52.12(1) + 52.13(3)).
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— the court to which any further application
for permission should be made and the level of judge who should hear the application.
52.4 Determination of applications for permission to appeal to the CC and HC
Where an application for permission to appeal is made to an appeal court other than the
COA, the appeal court will determine the application on paper without an oral hearing,
unless the court otherwise directs, or as provided for under para 2.
(2) Subject to para (3) and except where a rule or PD provides otherwise, where the appeal
court, without a hearing, refuses permission to appeal, the person seeking permission may
, SYLLABUS 22 APPEALS
request the decision to be reconsidered at an oral hearing - A request must be filed within 7
days after service of the notice that permission has been refused.
(3) Where in the appeal court of a HC judge, 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.
“Specialist Circuit Judge” = any Circuit Judge in the CC hearing cases in the Circuit
Commercial, Chancery or Technology and Construction Court lists.
r3.3(5) (party apply to set aside, etc. a decision made of court’s own initiative) does not
apply to an order made under para (3) that the person seeking permission may not request
the decision to be reconsidered at an oral hearing.
52.5 Determination of applications for permission to appeal to the Court of Appeal
Where an application for permission to appeal is made to the COA, the COA will determine
the application on paper without an oral hearing, except as provided for under para (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. Such oral
hearing directed here must be listed (a) no later than 14 days from the date of the direction
and (b) before the judge who made that direction, unless the court directs otherwise.
The COA may, in any direction here:
(a) Identify any issue/s which the party seeking permission should specifically focus its
submissions at the oral hearing to assist the court to determine the application, and
(b) Direct the respondent to serve+file written submissions and attend the oral hearing.
52.6 Permission to appeal test—first appeals
Except where r.52.7 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 r.52.7 may- (a) limit the issues to be
heard and (b) be made subject to conditions.
52.7 Permission to appeal test—second appeals
The COA’s permission is required for any appeal to that court from a decision of the CC, the
family court or the HC which was itself made on appeal or a decision of the Upper Tribunal
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 COA.
The COA will not give permission unless it considers that—
(a) The appeal would have a real prospect of success and raise an important point of
principle or practice or
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