Roger Smithers resolves some Pt 52 conundrums
Anyone contemplating a second tier civil appeal would do well to reflect carefully on the provisions of the Civil Procedure Rules before embarking on the process. Indeed, in this article it is suggested that the meaning and full effect of Pt 52 of the CPR with regard to the requirement for permission is not as clear as it might be.
If this seems a surprising view after some nine years under the new regime, consider this: most practitioners will be aware that permission to appeal is generally required. What is not so widely appreciated is that there can only be one application for permission to appeal to any one appeal court in the same proceedings. If that is refused, that is the end of the line.
The CPR
Rule 52.3 deals with permission and provides:
(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
