The
Civil Division Rules
GENERAL RULES
ABOUT APPEALS
Scope and
interpretation
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.
(2) This
Part does not apply to an appeal in detailed assessment proceedings
against a decision of an authorised court officer. (Rules 47.20 to 47.23
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.
Parties to
comply with the practice direction
52.2 All
parties to an appeal must comply with the relevant practice direction.
Permission
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 the relevant practice direction.
(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) 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 after
service of the notice that permission has been refused.
(6) 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)
Appellant’s
notice
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 (which may be
longer or shorter than the period referred to in sub-paragraph (b));
or
(b) where the court makes no such direction, 21 days after the date
of the decision of the lower court that the appellant wishes to appeal.
(3) Unless
the appeal court orders otherwise, 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.
Respondent’s
notice
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.
Variation
of time
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) the relevant practice direction; 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)
Stay
52.7 Unless
–
(a) the appeal court or the lower court orders otherwise; or
(b) the appeal is from the Immigration Appeal Tribunal, an appeal shall
not operate as a stay of any order or decision of the lower court.
Amendment
of appeal notice
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
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).
Appeal court’s
powers
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.
(Part 3 contains
general rules about the court’s case management powers)
(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.
Hearing of
appeals
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
52.12 (1)
The fact that a Part 36 offer or Part 36 payment 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 or Part 36 payment
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
or Part 36 payment has been made is properly relevant to the matter
to be decided.
II SPECIAL
PROVISIONS APPLYING TO THE COURT OF APPEAL
Second appeals
to the court
52.13 (1)
Permission is required from the Court of Appeal for any appeal to that
court from a decision of a county court or the High Court which was
itself made on appeal.
(2) The Court of Appeal will not give permission unless it considers
that –
(a) the appeal would raise an important point of principle or practice;
or
(b) there is some other compelling reason for the Court of Appeal to
hear it.
Assignment
of appeals to the Court of Appeal
52.14 (1)
Where the court from or to which an appeal is made or from which permission
to appeal is sought (‘the relevant court’) considers that
–
(a) an appeal which is to be heard by a county court or the High Court
would raise an important point of principle or practice; or
(b) there is some other compelling reason for the Court of Appeal to
hear it, the relevant court may order the appeal to be transferred to
the Court of Appeal.
(The Master
of the Rolls has the power to direct that an appeal which would be heard
by a county court or the High Court should be heard instead by the Court
of Appeal – see section 57 of the Access to Justice Act 1999)(2)
(2) The Master of the Rolls or the Court of Appeal may remit an appeal
to the court in which the original appeal was or would have been brought.
Judicial
review appeals
52.15 (1)
Where permission to apply for judicial review has been refused at a
hearing in the High Court, the person seeking that permission may apply
to the Court of Appeal for permission to appeal.
(2) An application in accordance with paragraph (1) must be made within
7 days of the decision of the High Court to refuse to give permission
to apply for judicial review.
(3) On an application under paragraph (1), the Court of Appeal may,
instead of giving permission to appeal, give permission to apply for
judicial review.
(4) Where the Court of Appeal gives permission to apply for judicial
review in accordance with paragraph (3), the case will proceed in the
High Court unless the Court of Appeal orders otherwise.
Who may exercise
the powers of the Court of Appeal
52.16 (1)
A court officer assigned to the Civil Appeals Office who is –
(a) a barrister; or
(b) a solicitor may exercise the jurisdiction of the Court of Appeal
with regard to the matters set out in paragraph (2) with the consent
of the Master of the Rolls.
(2) The matters referred to in paragraph (1) are –
(a) any matter incidental to any proceedings in the Court of Appeal;
(b) any other matter where there is no substantial dispute between the
parties; and
(c) the dismissal of an appeal or application where a party has failed
to comply with any order, rule or practice direction.
(3) A court
officer may not decide an application for –
(a) permission to appeal;
(b) bail pending an appeal;
(c) an injunction (GL) ;
(d) a stay (GL) of any proceedings, other than a temporary stay of any
order or decision of the lower court over a period when the Court of
Appeal is not sitting or cannot conveniently be convened.
(4) Decisions
of a court officer may be made without a hearing.
(5) A party may request any decision of a court officer to be reviewed
by the Court of Appeal.
(6) At the request of a party, a hearing will be held to reconsider
a decision of –
(a) a single judge; or
(b) a court officer, made without a hearing.
(6A) A request under paragraph (5) or (6) must be filed within 7 days
after the party is served with notice of the decision.
(7) A single judge may refer any matter for a decision by a court consisting
of two or more judges.
(Section
54(6) of the Supreme Court Act 1981(3) provides that there is no appeal
from the decision of a single judge on an application for permission
to appeal)
(Section
58(2) of the Supreme Court Act 1981(4) provides that there is no appeal
to the House of Lords from decisions of the Court of Appeal that –
(a) are taken by a single judge or any officer or member of staff of
that court in proceedings incidental to any cause or matter pending
before the civil division of that court; and
(b) do not involve the determination of an appeal or of an application
for permission to appeal,
and which
may be called into question by rules of court. Rules 52.16(5) and (6)
provide the procedure for the calling into question of such decisions)
III Provisions
about reopening appeals
Reopening
of final appeals
52.17 (1)
The Court of Appeal or the High Court will not reopen a final determination
of any appeal unless
(a) it is
necessary to do so in order to avoid real injustice;
(b) the circumstances are exceptional and make it appropriate to reopen
the appeal; and
(c) there is no alternative effective remedy.
(2) In paragraphs
(1), (3), (4) and (6), “appeal” includes an application
for permission to appeal.
(3) This rule does not apply to appeals to a county court.
(4) Permission is needed to make an application under this rule to reopen
a final determination of an appeal even in cases where under rule 52.3(1)
permission was not needed for the original appeal.
(5) There is no right to an oral hearing of an application for permission
unless, exceptionally, the judge so directs.
(6) The judge will not grant permission without directing the application
to be served on the other party to the original appeal and giving him
an opportunity to make representations.
(7) There is no right of appeal or review from the decision of the judge
on the application for permission, which is final.
(8) The procedure for making an application for permission is set out
in the practice direction.
