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Notes on Appeals in Civil Litigation
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AppealsPermission to Appeal: Is permission required?
à Permission to appeal is almost always required. (r.52.3(1))
• Exceptions to requirement:
• Committal orders
• Refusal to grant habeas corpus; or
• A secure accommodation order under s.25 Children Act 1989
Test for first appeal (r.52.6)
Permission may only be granted where:
(a) The court considers that the appeal would have a reasonable prospect of success; or
(b) There is some other compelling reason why the appeal should be heard.
NB: If permission is granted, the court may limit issues to be heard and impose conditions.
Application for permission made orally to Application for permission to be made
the judge/at the hearing the decision to be to the appeal court in writing via an
appealed against is made (r.52.3(2)(a)) appellant’s notice (r.53.3(2)(b))
Procedure:
What happens when permission is granted?
• Appellant must file an appellant’s notice within 21 days
• An appellant’s notice must be filed within of the date of decision of the lower court which is being
21 days of the date of decision of the appealed, unless the court directs otherwise.
lower court, unless the lower court (r.52.12(2))
otherwise directs (r.52.12(2)) • An appeal notice must be served on each respondent
• Appellant must serve: as soon as practicable, and in any event no later than
o Appellant’s notice 7 days after it is filed. (r.52.12(3))
o Skeleton argument (if any) • May or may not be determined at a oral hearing
on the respondent.
• Appellant must file:
o The prescribed supporting Court will decide whether application will
documents with the appeal be heard or determined on papers
bundle
à Appeal court will notify parties of the listing
window (i.e. when the appeal will be heard) &
give directions. No hearing Hearing
What happens when permission is refused?
(r.52.3(3)(b)) The order refusing permission Permission Permission Permission Permission
must specify which court the further granted refused granted refused
application for permission should be made to
& the level of judge who should hear the
application.
A further application for permission to appeal
may be made to the appeal court. (r.53.3(3))
• Permission may be made through an
appeal notice.
1
, Permission to Appeal: Is permission required?
à Permission to appeal is almost always required. (r.52.3(1))
• Exceptions to requirement:
• Committal orders
• Refusal to grant habeas corpus; or
• A secure accommodation order under s.25 Children Act 1989
Test for first appeal (r.52.6)
Permission may only be granted where:
(c) The court considers that the appeal would have a reasonable prospect of success; or
(d) There is some other compelling reason why the appeal should be heard.
NB: If permission is granted, the court may limit issues to be heard and impose conditions.
Application for permission made orally to Application for permission to be made
the judge/at the hearing the decision to be to the appeal court in writing via an
appealed against is made (r.52.3(2)(a)) appellant’s notice (r.53.3(2)(b))
Look at page 1
Court will decide whether application will be
heard or determined on papers (w/o hearing)
High Court / County Court of
Court (r.52.4) Appeal (r.52.5)
No hearing Hearing Can the application be fairly
determined w/o a hearing?
No Yes
Permission Permission
granted refused
Hearing No hearing
In the CC & HC, the party seeking permission • Direction for oral hearing may identify any
may request the decision to be reconsidered issue(s) the appellant should focus its
at an oral hearing (r.52.4(2)) submission on. (r.52.5(4)(a))
• Direction may require respondent to file
The request must be filed within 7 days after and serve written subs
refusal. • May direct respondent to attend the oral
hearing
NB: If a HC judge, Designated Civil Judge/
Specialist Circuit judge refuses permission to à Oral hearing must be listed no later than
appeal w/o oral hearing in the appeal court, 14 days from the date of the direction & is
and considers that the application is totally heard by judge who made the direction.
without merit, he can make an order that the (r.52.5(3))
applicant cannot request for the decision to be
reconsidered at an oral hearing.
A second appeal may be allowed but must Permission Permission
seek permission from CoA (r.52.7(1)) refused granted
2
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