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28 January 2010 / Roger Smithers
Issue: 7402 / Categories: Features , Procedure & practice
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Appeal to reason

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

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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