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Key Rules: CPR Part 52 and PD 52; PD Insolvency Proceedings, Part 4, paragraph 17: Appeals
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| 10.1 |
This Chapter is concerned with the following appeals affecting the Chancery Division:
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(1) |
Appeals within the ordinary work of the Division, from Masters to High Court judges;
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(2) |
Insolvency appeals from High Court Registrars and from county courts to High Court judges;
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(3) |
Appeals to High Court judges in the Chancery Division from orders in claims proceeding in a county court;
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(4) |
Statutory appeals from tribunals and others to the Chancery Division.
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Proceedings under the Companies Acts are specialist proceedings for the purposes of rule 49(2) and therefore as regards the destination of appeals. In those cases appeals from final decisions by a Registrar of the Companies Court go direct to the Court of Appeal. Such appeals are not covered in this Chapter.
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| 10.2 |
This Chapter does not deal with appeals from High Court judges of the Division, except as regards permission to appeal, and as to giving notice to the court of an appeal in a contempt case. It does not deal with appeals in the course of the detailed assessment of costs.
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| 10.3 |
The detailed procedure for appeals is set out in Part 52 and in PD 52, and in the PD relating to Insolvency Proceedings, to which reference should be made. This Chapter only refers to some of the salient points.
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| 10.4 |
Permission to appeal is required in all cases except: (a) appeals against committal orders, (b) certain insolvency appeals and (c) certain statutory appeals. Permission to appeal will only be given where the court considers that the appeal would have a real prospect of success or there is some other compelling reason why the appeal should be heard (rule 52.3(6)).
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| 10.5 |
An application for permission may be made to the lower court, but only if it is made at the hearing at which the decision to be appealed was made (rule 52.3(2)(a)). Permission may be granted, or refused, or granted in part (whether as to a part of the order, a ground of appeal or an issue) and refused as to the rest. It may be granted conditionally.
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| 10.6 |
If the lower court refuses permission, or if permission is not applied for to the lower court at the original hearing, an application for permission may be made to the appeal court, by appeal notice.
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| 10.7 |
An application to the appeal court for permission may be dealt with without a hearing, but if refused without a hearing the applicant may request that it be reconsidered at a hearing. Notice of the hearing is often given to the respondent; the respondent may submit written representations or attend the hearing but will not necessarily be awarded any costs of so doing even if permission to appeal is refused.
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| 10.8 |
Guidance for litigants in relation to appeals to the High Court is available by way of a Practice Statement which may be obtained from the High Court Appeals Office at the Royal Courts of Justice (Room WG4).
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| 10.9 |
If a party who wishes to appeal cannot lodge all the documents which are required at the time when the appellant's notice is issued, the Appeals Office is able to allow some further time by way of an extension, but beyond this any further extension has to be allowed by a judge, who will consider the case on paper. If there is a delay in obtaining a transcript of the judgment to be appealed, the appellant should endeavour to obtain a note of the judgment, which the lawyers representing any party at the hearing below ought to be able to provide, at least as an interim measure before a transcript is obtained.
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| 10.10 |
If the documents required for consideration of an application for permission to appeal have not been lodged, despite any extension which has been allowed, the case may be listed for oral hearing in the Dismissal List, for the appellant to show cause why the case should not be dismissed. The respondent will not normally be notified of such a hearing.
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| 10.11 |
The time limit for an appeal notice to be filed at the appeal court is 14 days after the decision of the lower court to be appealed, unless the lower court fixes some other period, which may be longer or shorter. The lower court can only fix a different period if it does so at the time it makes the order to be appealed from. Otherwise only the appeal court can alter the time limits.
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| 10.12 |
Unless the lower court or the appeal court orders otherwise, an appeal does not operate as a stay of any order or decision of the lower court. A stay of execution may be applied for in the appellant's notice. If it is, it may be dealt with on paper. If the stay is required as a matter of great urgency, or before the appellant's notice can be filed, an application should be made to the Applications judge.
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| 10.13 |
If permitted, an appeal from a decision of a Master in a case proceeding in the Chancery Division usually lies to a High Court judge of the Division. An appeal from a final decision of a Master in a claim allocated to the multi-track lies direct to the Court of Appeal.
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| 10.14 |
The appeal to the judge is limited to a review of the decision of the lower court, unless the court considers that, in the circumstances of the individual appeal, it would be in the interests of justice to hold a re-hearing. This principle applies to all appeals dealt with in this Chapter except where some other provision is made, as mentioned below. Unless the court does decide, exceptionally, to hold a re-hearing, the appeal will be allowed if the decision of the lower court was wrong or if it was unjust because of a serious procedural or other irregularity in the proceedings in the lower court.
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| 10.15 |
An appeal lies from a county court (Circuit or District Judge) or a High Court Registrar in bankruptcy or company insolvency matters to a High Court judge of the Chancery Division, for which permission is not required.
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| 10.16 |
Appeals in proceedings under the Company Directors Disqualification Act 1986 are treated as being in insolvency proceedings.
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| 10.17 |
The time limit for such an appeal is the same as for ordinary Chancery appeals. An appeal is limited to a review of the decision of the lower court.
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| 10.18 |
An appeal against a decision of a circuit judge in a claim proceeding in a county court lies to the High Court, unless, either, the decision is a final decision in a claim allocated to the multi-track or in specialist proceedings to which rule 49(2) applies, or the decision is itself on an appeal; in either of these cases the appeal lies direct to the Court of Appeal. This does not apply, however, where the allocation to the multi-track is deemed, rather than the result of a specific order, so that in cases begun by a Part 8 claim form, even though they are deemed to be so allocated, appeals lie to the High Court. The general rules as to the requirement for permission described above apply to these appeals.
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| 10.19 |
The Chancery Division hears a variety of appeals and cases stated under statute from decisions of tribunals and other persons. Some of these are listed or referred to in PD 52, but this is not exhaustive. Particular cases include appeals under the Taxes Management Act 1970Acts and the Inheritance Tax Act 1984Acts, appeals from the Value Added Tax and Duties Tribunal, from the Pensions Ombudsman and the Occupational Pensions Regulatory Authority, from the Comptroller-General of Patents, Designs and Trade Marks, from the Chief Land Registrar, from the Commons Commissioners, and from the Charity Commissioners under the Charities Act 1993Acts.
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| 10.20 |
Tax and VAT appeals are dealt with in Chapter 25 below, and appeals in patent, design and trade mark matters in Chapter 23. For other appeals reference should be made to the relevant statute and to PD 52.
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| 10.21 |
An appeal lies from a judgment of a High Court judge of the Division to the Court of Appeal (unless an enactment makes it final and unappealable), but permission is required in all cases except where the order is for committal. Permission may be granted by the High Court judge, if applied to at the hearing at which the decision to be appealed was made, unless the order of the High Court judge was itself on an appeal, in which case permission may only be granted by the Court of Appeal.
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| 10.22 |
Appellant's notices which by paragraph 21.4 of PD 52 are required to be served on "the court from whose order or decision the appeal is brought" may be served, in the case of appeals from the Chancery Division, on the Chief Master of the Chancery Division; service may be effected by leaving a copy of the notice of appeal with the clerk of the Lists in Room WG4, Royal Courts of Justice, Strand, London WC2A 2LL.
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| 10.23 |
The practice is as set out in paragraph 12 of PD 52, for all appeals except first appeals in insolvency matters. A document signed by solicitors for all parties must be lodged with the High Court Appeals Office (Room WG7), Royal Courts of Justice, Strand, London WC2A 2LL, requesting dismissal of the appeal. The appeal can be dismissed without any hearing by an order made in the name of the Chancellor. Any orders with directions as to costs will be drawn by the Chancery Associates. In the case of a first appeal in an insolvency matter, reference should be made to paragraph 17.22(8) of the PD Insolvency Proceedings.
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