PRACTICE DIRECTIONS - COURT OF APPEAL PD

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This Practice Direction is referred to in: Morris v Bank of America [73], Piglowska v Piglowski [1].

PRACTICE DIRECTION
FOR THE COURT OF APPEAL (CIVIL DIVISION)

NOTE: This PD has been replaced by the Practice Direction supplemental to Part 52

1. INTRODUCTION

1.1. Jurisdiction of the Court of Appeal

1.1.1.

The Court of Appeal is a superior court of record. It exercises all the jurisdiction conferred on it by the Supreme Court Act 1981^Acts. In any appeal to the Civil Division of the Court of Appeal, and in relation to the amendment, execution and enforcement of any judgment or order made on such appeal, it has the same authority and jurisdiction as the court or tribunal from which the appeal is brought. When rules of court permit, any incidental jurisdiction in any proceedings pending before the Civil Division of the Court of Appeal, not involving the determination of an appeal, may be exercised, with or without a hearing, by a single judge of that Court, or by the master.

1.2. Consolidated Practice Directions

1.2.1.

This is a consolidation, with some amendments, of all the principal Practice Directions which apply to proceedings in the Court of Appeal (see the list at Annex A). It covers the process of instituting proceedings, documentation including skeleton arguments, the requirement for permission to appeal, judgments, case management and Alternative Dispute Resolution. It also deals with particular aspects of the current practice of the Court of Appeal, for example, the making of references to the European Court of Justice under Article 177 of the EC Treaty. It should be noted that permission to appeal is now required in the vast majority of cases. This consolidated Practice Direction applies equally to appeals to the Court in family cases. Further or amended directions may be issued once the new Civil Procedure Rules, governing the work of the Court of Appeal, have been made.

1.3. The Civil Appeals Office

1.3.1.

The administrative work of the Civil Appeals Office is conducted under the direction of the Head of the Civil Appeals Office. When acting in a judicial capacity he is known as master. In this Practice Direction the term master is used with that specific meaning. Provision is also made for the appointment of deputy masters.

1.4. Litigants in person

1.4.1.

All of this Practice Direction may be of relevance to litigants in person but the key points of which they need to be aware will be found at section 8.