header-logo header-logo

28 January 2010 / Roger Smithers
Issue: 7402 / Categories: Features , Procedure & practice
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

DAC Beachcroft—Kirstie Pike & Simy Khanna

DAC Beachcroft—Kirstie Pike & Simy Khanna

DAC Beachcroft further builds national Professional Liability practice, hiring two partners in Bristol

NEWS
A child’s views can be taken into account during international child abduction proceedings, the Supreme Court has held
Small and medium-sized law firms have urged regulators to pause plans to exclude owner-managers from compliance officer roles
Lawyers have raised the alarm on employment tribunal delays and backlogs, with some cases facing a three-year wait for a hearing
The controversial assisted dying Bill has drawn to a halt after MPs defeated it by 286 votes to 270
MPs have called for legislation to protect against the human rights risks of artificial intelligence (AI)
back-to-top-scroll