header-logo header-logo

Civil war?

22 July 2016 / Adrian Jack
Issue: 7708 / Categories: Features , Procedure & practice , CPR
printer mail-detail
nlj_7708_jack

Adrian Jack reports on the current consultation into civil appeal reform

The Civil Procedure Rule Committee is consulting on important changes to the rules governing appeals to the Court of Appeal (Civil Division). They are likely to prevent over 10% of appeals being heard which would otherwise succeed.

The proposals follow increased delays in the hearing of appeals with some “hear-by” dates fixed 19 months after the date of issue of an appeal. Lord Dyson MR says the position is not “acceptable or sustainable”. The most important proposed reforms are:

  • removing the right to an oral hearing following a refusal of an application for permission to appeal (PTA); and
  • increasing the threshold for granting PTA to the Court of Appeal, but not to the High Court or within the County Court.

Oral application for PTA

The first change will affect many appeals which currently succeed. Instead of a right to make an oral application for PTA, a single lord justice will have a discretion to order an oral hearing, but the number of such

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll