6.1 Permission, grounds and routes of appeal

Question 1

Which Part of CPR deals with appeals?

Answer 1

Part 52

Question 2

What are the two methods of applying for permission to appeal?

Answer 2

CPR 52.3(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 notice.

Question 3

What can the losing party do if the lower court refuses permission to appeal?

Answer 3

CPR 52.3(3)(a)

a further application for permission may be made to the appeal court

Question 4

When does a losing party not need permission to appeal?

Answer 4

CPR 52.3(1)
... where the appeal is against—
(i)
a committal order;
(ii)
a refusal to grant habeas corpus; or
(iii)
a secure accommodation order made under section 25 of the Children Act 1989 or section 119 of the Social Services and Well-being (Wales) Act 2014

Question 5

What is the deadline for the appellant to file its appellant’s notice with the court?

Answer 5

CPR 52.12(2)
The appellant must file the appellant’s notice at the appeal court within—
(a)
such period as may be directed by the lower court …; or
(b)
where the court makes no such direction… 21 days after the date of the decision of the lower court which the appellant wishes to appeal.

Question 6

What is the deadline for the appellant to serve its appellant’s notice on the other parties?

Answer 6

CPR 52.12(3)
... an appellant’s notice must be served on each respondent—
(a)
as soon as practicable; and
(b)
in any event not later than 7 days,
after it is filed.

Question 7

How are applications for permission to appeal dealt with in the appeal court?

Answer 7

CPR 52.4(1)
Where an application for permission to appeal is made to an appeal court other than the Court of Appeal, the appeal court will determine the application on paper without an oral hearing, unless the court otherwise directs, or as provided for under paragraph (2).

Question 8

What can the appellant do if its application for permission to appeal is rejected on the papers?

Answer 8

CPR 52.4(2)
Subject to paragraph (3) and except where a rule or practice direction provides otherwise, where the appeal court, without a hearing, refuses permission to appeal, the person seeking permission may request the decision to be reconsidered at an oral hearing.

Question 9

Can the appellant obtain an oral hearing as of right if its application is rejected on the papers?

Answer 9

CPR 52.4(3)
Where in the appeal court a judge of the High Court, a Designated Civil Judge or a Specialist Circuit Judge refuses permission to appeal without an oral hearing and considers that the application is totally without merit, the judge may make an order that the person seeking permission may not request the decision to be reconsidered at an oral hearing.

Question 10

How are applications for permission to appeal dealt with in the Court of Appeal?

Answer 10

CPR 52.5
(1)
Where an application for permission to appeal is made to the Court of Appeal, the Court of Appeal will determine the application on paper without an oral hearing, except as provided for under paragraph (2).
(2)
The judge considering the application on paper may direct that the application be determined at an oral hearing, and must so direct if the judge is of the opinion that the application cannot be fairly determined on paper without an oral hearing.

Question 11

Can proceedings be stayed pending appeal?

Answer 11

CPR 52.16
Unless—
(a)
the appeal court or the lower court orders otherwise; or
(b)
the appeal is from the Immigration and Asylum Chamber of the Upper Tribunal,
an appeal shall not operate as a stay of any order or decision of the lower court.

Question 12

What is the test for permission to appeal in a first appeal?

Answer 12

CPR 52.6(1)
Except where rule 52.7 applies, permission to appeal may be given only where—
(a)
the court considers that the appeal would have a real prospect of success; or
(b)
there is some other compelling reason for the appeal to be heard.

[CPR 52.7 concerns second appeals.]

Question 13

What is the test for permission to appeal in a second appeal (to the Court of Appeal)?

Answer 13

CPR 52.7(2)
The Court of Appeal will not give permission unless it considers that—
(a)
the appeal would—
(i)
have a real prospect of success; and
(ii)
raise an important point of principle or practice; or
(b)
there is some other compelling reason for the Court of Appeal to hear it.

Question 14

What are the grounds of appeal?

Answer 14

CPR 52.21(3)
The appeal court will allow an appeal where the decision of the lower court was—
(a)
wrong; or
(b)
unjust because of a serious procedural or other irregularity in the proceedings in the lower court.

Question 15

What is the ‘route of the appeal’ and where is it set out in the CPR?

Answer 15

The route of the appeal is which court and judge will hear the appeal of the lower court’s decision.

It is set out in 52A PD 3.5.

Question 16

When may an appeal skip the normal appeals court and go straight to the Court of Appeal?

Answer 16

CPR 52.23(1)
Where the court from or to which an appeal is made or from which permission to appeal is sought (“the relevant court”) considers that—
(a)
an appeal which is to be heard by the County Court or the High Court would raise an important point of principle or practice; or
(b)
there is some other compelling reason for the Court of Appeal to hear it,
the relevant court may order the appeal to be transferred to the Court of Appeal.