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

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
back-to-top-scroll