See also Part 52
PRACTICE DIRECTION 52 – APPEALS
This Practice Direction supplements Part 52
| Para 1.1 replaced with new text w/e from 6 October 2003. |
| 2.1 |
This practice direction applies to all appeals to which Part 52 applies except where specific provision is made for appeals to the Court of Appeal. |
| This Paragraph is referred to in: Haggis v DPP [26]. |
For the purpose only of appeals to the Court of Appeal from cases in family proceedings this Practice Direction will apply with such modifications as may be required.
| 2A.1 |
The court or judge to which an appeal is to be made (subject to obtaining any necessary permission) is set out in the tables below: Table 11 addresses appeals in cases other than insolvency proceedings and those cases to which Table 3 applies; Table 2 addresses insolvency proceedings; and Table 3 addresses certain family cases to which CPR Part 52 may apply. The tables do not include so-called ‘leap frog’ appeals either to the Court of Appeal pursuant to s. 57 of the Access to Justice Act 1999 or to the House of Lords pursuant to s 13 of the Administration of Justice Act 1969. (An interactive routes of appeal guide can be found on the Court of Appeal’s website at http://www.hmcourts-service.gov.uk/infoabout/coa_civil/routes_app/index.htm) Table 1In this Table, reference to –
Table 2Insolvency proceedingsIn this Table references to a ‘Circuit judge’ include a recorder or a district judge who is exercising the jurisdiction of a circuit judge with the permission of the designated civil judge in respect of that case (see: Practice Direction 2B, paragraph 11.1(d)).
Table 3Proceedings which may be heard in the Family Division of the High Court and to which the CPR may apply.The proceedings to which this table will apply include proceedings under the Inheritance (Provision for Family and Dependants) Act 1975 and proceedings under the Trusts of Land and Appointment of Trustees Act 1996. For the meaning of ‘final decision’ for the purposes of this table see paragraphs 2A.2 and 2A.3 below.
|
| 2A.2 |
A ‘final decision’ is a decision of a court that would finally determine (subject to any possible appeal or detailed assessment of costs) the entire proceedings whichever way the court decided the issues before it. Decisions made on an application to strike-out or for summary judgment are not final decisions for the purpose of determining the appropriate route of appeal (Art. 1 Access to Justice Act 1999 (Destination of Appeals) Order 2000). Accordingly:
are not final decisions for this purpose. |
| 2A.3 |
A decision of a court is to be treated as a final decision for routes of appeal purposes where it:
Accordingly, a judgment on liability at the end of a split trial is a ‘final decision’ for this purpose and the judgment at the conclusion of the assessment of damages following a judgment on liability is also a ‘final decision’ for this purpose. |
| 2A.4 |
is not a ‘final decision’ and any appeal from such an order will follow the routes of appeal set out in the tables above. |
(Section 16(1) of the Supreme Court Act 1981Acts (as amended); section 77(1) of the County Courts Act 1984 (as amended); and the Access to Justice Act 1999 (Destination of Appeals) Order 2000 set out the provisions governing routes of appeal).
| 2A.5 |
|
| 3.1 |
Rule 52.11(3) (a) and (b) sets out the circumstances in which the appeal court will allow an appeal. |
| 3.2 |
The grounds of appeal should –
|
| 4.1 |
Rule 52.3 sets out the circumstances when permission to appeal is required. |
| 4.2 |
is required for all appeals to the Court of Appeal except as provided for by statute or rule 52.3. (The requirement of permission to appeal may be imposed by a practice direction – see rule 52.3(b)) |
| 4.3 |
Where the lower court is not required to give permission to appeal, it may give an indication of its opinion as to whether permission should be given. (Rule 52.1(3)(c) defines ‘lower court’) |
| 4.3A |
(Rule 40.2(4) contains requirements as to the contents of the judgment or order in these circumstances.) |
| Para 4.3A inserted w/e from 6 April 2006. |
Where no application for permission to appeal has been made in accordance with rule 52.3(2)(a) but a party requests further time to make such an application, the court may adjourn the hearing to give that party the opportunity to do so.
| Para 4.3B inserted w/e from 6 April 2006. |
| 4.4 | Case management decisions include decisions made under rule 3.1(2) and decisions about:
|
| This Paragraph is referred to in: Macintyre v Phillips [44]. |
Where the application is for permission to appeal from a case management decision, the court dealing with the application may take into account whether:
| (1) | the issue is of sufficient significance to justify the costs of an appeal; |
| (2) | the procedural consequences of an appeal (e.g. loss of trial date) outweigh the significance of the case management decision; |
| (3) | it would be more convenient to determine the issue at or after trial. |
| This Paragraph is referred to in: Macintyre v Phillips [44]. |
| 4.6 | An application for permission should be made orally at the hearing at which the decision to be appealed against is made. |
| 4.7 |
an application for permission to appeal may be made to the appeal court in accordance with rules 52.3(2) and (3). |
| 4.8 | There is no appeal from a decision of the appeal court to allow or refuse permission to appeal to that court (although where the appeal court, without a hearing, refuses permission to appeal, the person seeking permission may request that decision to be reconsidered at a hearing). See section 54(4) of the Access to Justice Act and rule 52.3(2), (3), (4) and (5). |
| This Paragraph is referred to in: Jolly v Jay [18], Paragon Finance Plc v Pender [35], Seray-Wurie v Hackney BC [1], Slot v Isaac [11], Tanfern v Macdonald [20]. |
| Paragraph 4.8 amended w/e from 2 December 2002. |
An application for permission to appeal from a decision of the High Court or a county court which was itself made on appeal must be made to the Court of Appeal.
| 4.10 |
If permission to appeal is granted the appeal will be heard by the Court of Appeal. |
| 4.11 | Applications for permission to appeal may be considered by the appeal court without a hearing. |
| 4.12 | If permission is granted without a hearing the parties will be notified of that decision and the procedure in paragraphs 6.1 to 6.6 will then apply. |
| 4.13 | If permission is refused without a hearing the parties will be notified of that decision with the reasons for it. The decision is subject to the appellant's right to have it reconsidered at an oral hearing. This may be before the same judge. |
| 4.14 | A request for the decision to be reconsidered at an oral hearing must be filed at the appeal court within 7 days after service of the notice that permission has been refused. A copy of the request must be served by the appellant on the respondent at the same time. |
| This Paragraph is referred to in: Jolly v Jay [33], [9], Slot v Isaac [14]. |
| Paragraph 4.14 amended w/e from 2 December 2002. |
| 4.14A |
|
| 4.15 | Notice of a permission hearing will be given to the respondent but he is not required to attend unless the court requests him to do so. |
| This Paragraph is referred to in: Jolly v Jay [41]. |
If the court requests the respondent's attendance at the permission hearing, the appellant must supply the respondent with a copy of the appeal bundle (see paragraph 5.6A) within 7 days of being notified of the request, or such other period as the court may direct. The costs of providing that bundle shall be borne by the appellant initially, but will form part of the costs of the permission application.
| 4.17 | Where the appellant is in receipt of services funded by the Legal Services Commission (or legally aided) and permission to appeal has been refused by the appeal court without a hearing, the appellant must send a copy of the reasons the appeal court gave for refusing permission to the relevant office of the Legal Services Commission as soon as it has been received from the court. The court will require confirmation that this has been done if a hearing is requested to re-consider the question of permission. |
| This Paragraph is referred to in: Tanfern v Macdonald [20]. |
| 4.18 | Where a court under rule 52.3(7) gives permission to appeal on some issues only, it will –
|
| This Paragraph is referred to in: Tanfern v Macdonald [22]. |
| Paragraph 4.18 amended w/e from 2 December 2002. |
If the court reserves the question of permission under paragraph 4.18(2), the appellant must, within 14 days after service of the court's order, inform the appeal court and the respondent in writing whether he intends to pursue the reserved issues. If the appellant does intend to pursue the reserved issues, the parties must include in any time estimate for the appeal hearing, their time estimate for the reserved issues.
| Paragraph 4.19 amended w/e from 2 December 2002. |
If the appeal court refuses permission to appeal on the remaining issues without a hearing and the applicant wishes to have that decision reconsidered at an oral hearing, the time limit in rule 52.3(5) shall apply. Any application for an extension of this time limit should be made promptly. The court hearing the appeal on the issues for which permission has been granted will not normally grant, at the appeal hearing, an application to extend the time limit in rule 52.3(5) for the remaining issues.
| Paragraph 4.20 inserted w/e from 2 December 2002. |
If the appeal court refuses permission to appeal on remaining issues at or after an oral hearing, the application for permission to appeal on those issues cannot be renewed at the appeal hearing. See section 54(4) of the Access to Justice Act 1999.
| Paragraph 4.21 inserted w/e from 2 December 2002. |
| 4.22 | In most cases, applications for permission to appeal will be determined without the court requesting –
|
| Paragraph 4.22 inserted w/e from 2 December 2002. |
Where the court does not request submissions from or attendance by the respondent, costs will not normally be allowed to a respondent who volunteers submissions or attendance.
| Paragraph 4.23 inserted w/e from 2 December 2002. |
Where the court does request –
| (1) | submissions from; or |
| (2) | attendance by the respondent, the court will normally allow the respondent his costs if permission is refused. |
| Paragraph 4.24 inserted w/e from 2 December 2002. |
| 5.1 |
An appellant’s notice must be filed and served in all cases. Where an application for permission to appeal is made to the appeal court it must be applied for in the appellant's notice. |
| 5.1A |
|
| 5.1B | CPR rule 19.4A and the practice direction supplementing it shall apply as if references to the case management conference were to the application for permission to appeal. (The practice directionpdp-19to Part 19 provides for notice to be given and parties joined in certain circumstances to which this paragraph applies) |
| 5.2 | Where the time for filing an appellant's notice has expired, the appellant must –
The appellant’s notice should state the reason for the delay and the steps taken prior to the application being made. |
| This Paragraph is referred to in: Sayers v Clarke Walker [17], [19], Southern & District and Finance PLC v Turner [10]. |
| Para 5.2 substituted w/e from 6 April 2006. |
Where the appellant’s notice includes an application for an extension of time and permission to appeal has been given or is not required the respondent has the right to be heard on that application. He must be served with a copy of the appeal bundle (see paragraph 5.6A). However, a respondent who unreasonably opposes an extension of time runs the risk of being ordered to pay the appellant’s costs of that application.
| 5.4 | If an extension of time is given following such an application the procedure at paragraphs 6.1 to 6.6 applies. |
| 5.5 | Notice of an application to be made to the appeal court for a remedy incidental to the appeal (e.g. an interim remedy under rule 25.1 or an order for security for costs) may be included in the appeal notice or in a Part 23 application notice. |
(Rule 25.15 deals with security for costs of an appeal)
(Paragraph 11 of this practice direction contains other provisions relating to applications)
| 5.6 |
|
| This Paragraph is referred to in: Harvey Shopfitters Ltd v ADI Ltd [15], [15]. |
| (1) | An appellant must include in
his appeal bundle the following documents:
|
| (2) | All documents that are extraneous to the issues to be considered on the application or the appeal must be excluded. The appeal bundle may include affidavits, witness statements, summaries, experts’ reports and exhibits but only where these are directly relevant to the subject matter of the appeal. |
| (3) | Where the appellant is represented, the appeal bundle must contain a certificate signed by his solicitor, counsel or other representative to the effect that he has read and understood paragraph (2) above and that the composition of the appeal bundle complies with it. |
| 5.7 | Where it is not possible to file all the above documents, the appellant must indicate which documents have not yet been filed and the reasons why they are not currently available. The appellant must then provide a reasonable estimate of when the missing document or documents can be filed and file them as soon as reasonably practicable. |
| This Paragraph is referred to in: Harvey Shopfitters Ltd v ADI Ltd [14], [15]. |
| 5.8 |
|
| This Paragraph is referred to in: Harvey Shopfitters Ltd v ADI Ltd [14], [15], [15]. |
| Para 5.8(1A) of PD52 added w/e from 1 October 2005. |
| 5.9 |
|
| This Paragraph is referred to in: Haggis v DPP [26], [26], Harvey Shopfitters Ltd v ADI Ltd [22], [23]. |
| (1) | A skeleton argument must contain a numbered list of the points which the party wishes to make. These should both define and confine the areas of controversy. Each point should be stated as concisely as the nature of the case allows. |
| (2) | A numbered point must be followed by a reference to any document on which the party wishes to rely. |
| (3) | A skeleton argument must
state, in respect of each authority cited –
|
| (4) | If more than one authority is cited in support of a given proposition, the skeleton argument must briefly state the reason for taking that course. |
| (5) | The statement referred to in
sub-paragraph (4) should not materially add to the length of the skeleton
argument but should be sufficient to demonstrate, in the context of the
argument –
|
| (6) | The cost of preparing a
skeleton argument which –
|
| (7) | A skeleton argument filed in the Court of Appeal, Civil Division on behalf of the appellant should contain in paragraph 1 the advocate’s time estimate for the hearing of the appeal. |
| 5.11 |
The appellant should consider what other information the appeal court will need. This may include a list of persons who feature in the case or glossaries of technical terms. A chronology of relevant events will be necessary in most appeals. |
| 5.12 | Where the judgment to be appealed has been officially recorded by the court, an approved transcript of that record should accompany the appellant’s notice. Photocopies will not be accepted for this purpose. However, where there is no officially recorded judgment, the following documents will be acceptable:
Advocates’ notes of judgments where the appellant is unrepresented
Reasons for Judgment in Tribunal cases
|
| This Paragraph is referred to in: Insolvency PD (17.22). |
An appellant may not be able to obtain an official transcript or other suitable record of the lower court’s decision within the time within which the appellant’s notice must be filed. In such cases the appellant’s notice must still be completed to the best of the appellant’s ability on the basis of the documentation available. However it may be amended subsequently with the permission of the appeal court.
| 5.14 | Advocates’ brief (or, where appropriate, refresher) fee includes:
|
| 5.15 | When the evidence is relevant to the appeal an official transcript of the relevant evidence must be obtained. Transcripts or notes of evidence are generally not needed for the purpose of determining an application for permission to appeal. |
| 5.16 | If evidence relevant to the appeal was not officially recorded, a typed version of the judge’s notes of evidence must be obtained. |
| 5.17 | Where the lower court or the appeal court is satisfied that –
is in such poor financial circumstances that the cost of a transcript would be an excessive burden the court may certify that the cost of obtaining one official transcript should be borne at public expense. |
| 5.18 | In the case of a request for an official transcript of evidence or proceedings to be paid for at public expense, the court must also be satisfied that there are reasonable grounds for appeal. Whenever possible a request for a transcript at public expense should be made to the lower court when asking for permission to appeal. |
| 5.19 | Rule 52.4 sets out the procedure and time limits for filing and serving an appellant’s notice. The appellant must file the appellant’s notice at the appeal court within such period as may be directed by the lower court which should not normally exceed 35 days or, where the lower court directs no such period, within 21 days of the date of the decision that the appellant wishes to appeal. (Rule 52.15 sets out the time limit for filing an application for permission to appeal against the refusal of the High Court to grant permission to apply for judicial review) |
| This Paragraph is referred to in: Philosophy Inc v Ferretti Studios Srl [33]. |
Where the lower court judge announces his decision and reserves the reasons for his judgment or order until a later date, he should, in the exercise of powers under rule 52.4(2)(a), fix a period for filing the appellant’s notice at the appeal court that takes this into account.
| 5.21 |
|
| This Paragraph is referred to in: Jolly v Jay [36]. |
Unless the court otherwise directs a respondent need not take any action when served with an appellant’s notice until such time as notification is given to him that permission to appeal has been given.
| 5.23 | The court may dispense with the requirement for service of the notice on a respondent. Any application notice seeking an order under rule 6.28 to dispense with service should set out the reasons relied on and be verified by a statement of truth. |
| This Paragraph is referred to in: Moulai v Deputy Public Prosecutor in Creteil France [29]. |
| Text substituted in paragraph 5.23 w/e from 1 October 2008. |
| (1) | Where the appellant is applying for permission to appeal in his appellant’s notice, he must serve on the respondents his appellant’s notice and skeleton argument (but not the appeal bundle), unless the appeal court directs otherwise. |
| (2) | Where permission to appeal
–
|
| This Paragraph is referred to in: Jolly v Jay [38], Philosophy Inc v Ferretti Studios Srl [33]. |
| 5.25 | An appeal notice may be amended with permission. Such an application to amend and any application in opposition will normally be dealt with at the hearing unless that course would cause unnecessary expense or delay in which case a request should be made for the application to amend to be heard in advance. |
| 6.1 |
This paragraph sets out the procedure where:
|
| 6.2 |
If the appeal court gives permission to appeal, the appeal bundle must be served on each of the respondents within 7 days of receiving the order giving permission to appeal. (Part 6 (service of documents) provides rules on service) |
| 6.3 |
The appeal court will send the parties –
|
| 6.3A |
|
| 6.4 | The Court of Appeal will send an Appeal Questionnaire to the appellant when it notifies him of the matters referred to in paragraph 6.3. |
| 6.5 | The appellant must complete and file the Appeal Questionnaire within 14 days of the date of the letter of notification of the matters in paragraph 6.3. The Appeal Questionnaire must contain:
|
| 6.6 |
The time estimate included in an Appeal Questionnaire must be that of the advocate who will argue the appeal. It should exclude the time required by the court to give judgment. If the respondent disagrees with the time estimate, the respondent must inform the court within 7 days of receipt of the Appeal Questionnaire. In the absence of such notification the respondent will be deemed to have accepted the estimate proposed on behalf of the appellant. |
| 7.1 |
A respondent who wishes to ask the appeal court to vary the order of the lower court in any way must appeal and permission will be required on the same basis as for an appellant. |
(Paragraph 3.2 applies to grounds of appeal by a respondent.)
| This Paragraph is referred to in: Harvey Shopfitters Ltd v ADI Ltd [15]. |
A respondent who wishes only to request that the appeal court upholds the judgment or order of the lower court whether for the reasons given in the lower court or otherwise does not make an appeal and does not therefore require permission to appeal in accordance with rule 52.3(1).
(Paragraph 7.6 requires a respondent to file a skeleton argument where he wishes to address the appeal court)
| 7.3 |
|
| 7.3A |
Paragraphs 5.1A, 5.1B and 5.2 of this practice direction (Human Rights and extension for time for filing appellant’s notice) also apply to a respondent and a respondent’s notice. |
| 7.4 | The time limits for filing a respondent’s notice are set out in rule 52.5 (4) and (5). |
| 7.5 | Where an extension of time is required the extension must be requested in the respondent’s notice and the reasons why the respondent failed to act within the specified time must be included. |
| 7.6 | Except where paragraph 7.7A applies, the respondent must file a skeleton argument for the court in all cases where he proposes to address arguments to the court. The respondent’s skeleton argument may be included within a respondent’s notice. Where a skeleton argument is included within a respondent’s notice it will not form part of the notice for the purposes of rule 52.8. |
| This Paragraph is referred to in: Harvey Shopfitters Ltd v ADI Ltd [22], [23]. |
| Para 7.6 amended w/e from 14 November 2000. |
| (1) | A respondent who
–
|
| (2) | A respondent who does not file a respondent’s notice but who files a skeleton argument must file and serve that skeleton argument at least 7 days before the appeal hearing. |
(Rule 52.5(4) sets out the period for filing and serving a respondent’s notice)
| This Paragraph is referred to in: Haggis v DPP [28], Harvey Shopfitters Ltd v ADI Ltd [22], [23], Re the Children of Mr O'Connell, Mr Whelan and Mr Watson [86]. |
| (1) | Where the appeal relates to a claim allocated to the small claims track and is being heard in a county court or the High Court, the respondent may file a skeleton argument but is not required to do so. |
| (2) | A respondent who is not represented need not file a skeleton argument but is encouraged to do so in order to assist the court. |
| Para 7.7A added w/e from 14 November 2000. |
The respondent must –
| (1) | serve his skeleton argument
on –
|
| (2) | file a certificate of service. |
| 7.8 | A respondent’s skeleton argument must conform to the directions at paragraphs 5.10 and 5.11 with any necessary modifications. It should, where appropriate, answer the arguments set out in the appellant’s skeleton argument. |
| This Paragraph is referred to in: Williams Corporate Finance Plc v Holland [32]. |
| 7.9 | A respondent may include an application within a respondent’s notice in accordance with paragraph 5.5 above. |
| 7.10 |
|
| 7.11 | If the respondent wishes to rely on any documents which he reasonably considers necessary to enable the appeal court to reach its decision on the appeal in addition to those filed by the appellant, he must make every effort to agree amendments to the appeal bundle with the appellant. |
| 7.12 |
|
| 7.13 | The respondent must serve –
|
| 8.1 | This paragraph applies where an appeal lies to a High Court judge from the decision of a county court or a district judge of the High Court. |
| Para 8.1 replaced with new text w/e from 6 October 2003, Paragraph 8.1 amended with effect from 14 August 2000. |
The following table sets out the following venues for each circuit –
| (a) | Appeal centres – court centres where appeals to which this paragraph applies may be filed, managed and heard. Paragraphs 8.6 to 8.8 provide for special arrangements in relation to the South Eastern Circuit. |
| (b) | Hearing only centres – court centres where appeals to which this paragraph applies may be heard by order made at an appeal centre (see paragraph 8.10). |
| Circuit | Appeal Centres | Hearing Only Centres |
|---|---|---|
| Midland Circuit | Birmingham | Lincoln |
| Nottingham | Leicester | |
| Northampton | ||
| Stafford | ||
| North Eastern Circuit | Leeds | Teesside |
| Newcastle | ||
| Sheffield | ||
| Northern Circuit | Manchester | Carlisle |
| Liverpool | ||
| Preston | ||
| Chester | ||
| Wales Circuit | Cardiff | |
| Swansea | ||
| Mold | Caernarfon | |
| Western Circuit | Bristol | Truro |
| Exeter | Plymouth | |
| Winchester | ||
| South Eastern Circuit | Royal Courts of Justice | |
| Lewes | ||
| Luton | ||
| Norwich | ||
| Reading | ||
| Chelmsford | ||
| St Albans | ||
| Maidstone | ||
| Oxford |
Venue for appeals and filing of notices on circuits other than the South Eastern Circuit
| Para 8.2 replaced with new text w/e from 6 October 2003, Paragraph 8.2 amended w/e from 15 October 2001, Text in table to Para 8.2.9(2) amended w/e from 6 April 2007, Text inserted in table at paragraph 8.2 w/e from 1 October 2008. |
Paragraphs 8.4 and 8.5 apply where the lower court is situated on a circuit other than the South Eastern Circuit.
| Para 8.3 replaced with new text w/e from 6 October 2003. |
The appellant's notice must be filed at an appeal centre on the circuit in which the lower court is situated. The appeal will be managed and heard at that appeal centre unless the appeal court orders otherwise.
| Para 8.4 replaced with new text w/e from 6 October 2003. |
A respondent's notice must be filed at the appeal centre where the appellant's notice was filed unless the appeal has been transferred to another appeal centre, in which case it must be filed at that appeal centre.
| Para 8.5 replaced with new text w/e from 6 October 2003. |
| 8.6 | Paragraphs 8.7 and 8.8 apply where the lower court is situated on the South Eastern Circuit. |
| Para 8.6 replaced with new text w/e from 6 October 2003. |
The appellant's notice must be filed at an appeal centre on the South Eastern Circuit. The appeal will be managed and heard at the Royal Courts of Justice unless the appeal court orders otherwise. An order that an appeal is to be managed or heard at another appeal centre may not be made unless the consent of the Presiding Judge of the circuit in charge of civil matters has been obtained.
| Para 8.7 replaced with new text w/e from 6 October 2003. |
A respondent's notice must be filed at the Royal Courts of Justice unless the appeal has been transferred to another appeal centre, in which case it must be filed at that appeal centre.
| Para 8.8 replaced with new text w/e from 6 October 2003. |
| 8.9 | The appeal court may transfer an appeal to another appeal centre (whether or not on the same circuit). In deciding whether to do so the court will have regard to the criteria in rule 30.3 (criteria for a transfer order). The appeal court may do so either on application by a party or of its own initiative. Where an appeal is transferred under this paragraph, notice of transfer must be served on every person on whom the appellant's notice has been served. An appeal may not be transferred to an appeal centre on another circuit, either for management or hearing, unless the consent of the Presiding Judge of that circuit in charge of civil matters has been obtained. |
| This Paragraph is referred to in: Tanfern v Macdonald [15]. |
| Para 8.9 replaced with new text w/e from 6 October 2003. |
| (a) | an appeal to be heard at a hearing only centre; or |
| (b) | an application in an appeal to be heard at any
other venue, instead of at the appeal centre managing the appeal. |
| Para 8.10 replaced with new text w/e from 6 October 2003. |
Unless a direction has been made under 8.10, any application in the appeal must be made at the appeal centre where the appeal is being managed.
| Para 8.11 added w/e from 6 October 2003. |
The appeal court may adopt all or any part of the procedure set out in paragraphs 6.4 to 6.6.
| Para 8.12 added w/e from 6 October 2003. |
Where the lower court is a county court:
| (1) | subject to paragraph (1A), appeals and applications for permission to appeal will be heard by a High Court Judge or by a person authorised under paragraphs (1), (2) or (4) of the Table in section 9(1) of the Supreme Court Act 1981Acts to act as a judge of the High Court; |
| (1A) | an appeal or application for permission to appeal from the decision of a Recorder in the county court may be heard by a Designated Civil Judge who is authorised under paragraph (5) of the Table in section 9(1) of the Supreme Court Act 1981Acts to act as a judge of the High Court; and |
| (2) | other applications in the appeal may be heard and directions in the appeal may be given either by a High Court Judge or by any person authorised under section 9 of the Supreme Court Act 1981Acts to act as a judge of the High Court. |
| Para 8.13 added w/e from 6 October 2003, Para 8.13(1) of PD52 replaced w/e from 1 October 2005. |
In the case of appeals from Masters or district judges of the High Court, appeals, applications for permission and any other applications in the appeal may be heard and directions in the appeal may be given by a High Court Judge or by any person authorised under section 9 of the Supreme Court Act 1981Acts to act as a judge of the High Court.
| Para 8.14 added w/e from 6 October 2003. |
| 8A.1 |
The Designated Civil Judge in consultation with his Presiding Judges has responsibility for allocating appeals from decisions of district judges to circuit judges. |
| 9.1 |
The hearing of an appeal will be a re-hearing (as opposed to a review of the decision of the lower court) if the appeal is from the decision of a minister, person or other body and the minister, person or other body –
|
| 10.1 |
Where an appeal is transferred to the Court of Appeal under rule 52.14 the Court of Appeal may give such additional directions as are considered appropriate. |
| 11.1 |
Where a party to an appeal makes an application whether in an appeal notice or by Part 23 application notice, the provisions of Part 23 will apply. |
| 11.2 |
The applicant must file the following documents with the notice
|
| 12.1 | These paragraphs do not apply where –
|
| Paragraph 12.1 substituted w/e from 1 October 2007. |
Where an appellant does not wish to pursue an application or an appeal, he may request the appeal court for an order that his application or appeal be dismissed. Such a request must contain a statement that the appellant is not a child or protected party and that the appeal or application is not from a decision of the Court of Protection. If such a request is granted it will usually be on the basis that the appellant pays the costs of the application or appeal.
| Paragraph 12.2 altered w/e from 1 October 2007. |
If the appellant wishes to have the application or appeal dismissed without costs, his request must be accompanied by a consent signed by the respondent or his legal representative stating –
| (1) | that the respondent is not a child or protected party and that the appeal or application is not from a decision of the Court of Protection; and |
| (2) | that he consents to the dismissal of the application or appeal without costs. |
| Paragraph 12.3 substituted w/e from 1 October 2007. |
Where a settlement has been reached disposing of the application or appeal, the parties may make a joint request to the court stating that –
| (1) | none of them is a child or protected party; and |
| (2) | the appeal or application is not from a decision of the Court of Protection, and asking that the application or appeal be dismissed by consent. If the request is granted the application or appeal will be dismissed. |
(‘Child’ and ‘protected party’ have the same meaning as in rule 21.1(2).)
| Paragraph 12.4 substituted/altered w/e from 1 October 2007. |
| 13.1 | The appeal court will not normally make an order allowing an appeal unless satisfied that the decision of the lower court was wrong, but the appeal court may set aside or vary the order of the lower court with consent and without determining the merits of the appeal, if it is satisfied that there are good and sufficient reasons for doing so. Where the appeal court is requested by all parties to allow an application or an appeal the court may consider the request on the papers. The request should state that none of the parties is a child or protected party and that the application or appeal is not from a decision of the Court of Protection and set out the relevant history of the proceedings and the matters relied on as justifying the proposed order and be accompanied by a copy of the proposed order. |
| This Paragraph is referred to in: Bailey v Warren [135]. |
| Paragraph 13.1 amended w/e from 2 December 2002, Paragraph 13.1 substituted w/e from 1 October 2007. |
| 13.2 | Where one of the parties is a child or protected party or the application or appeal is to the Court of Appeal from a decision of the Court of Protection –
requires the court’s approval. |
| Heading to Paragraph 13.2 substituted
w/e from 1 October 2007, Paragraph 13.2 amended w/e from 1 October 2007, Text of Para 13.2 replaced w/e from entry into force of s. 100 of Courts Act 2003 (which amends s. 2 of Damages Act 1996) on 1 April 2005. |
In cases involving a child a copy of the proposed order signed by the parties’ solicitors should be sent to the appeal court, together with an opinion from the advocate acting on behalf of the child.
| 13.4 |
Where a party is a protected party the same procedure will be adopted, but the documents filed should also include any relevant reports prepared for the Court of Protection. |
(‘Child’ and ‘protected party’ have the same meaning as in rule 21.1(2).)
| Heading to Paragraph 13.4 altered
w/e from 1 October 2007, Text of paragraph 13.4 altered and added to w/e from 1 October 2007. |
Where periodical payments for future pecuniary loss have been negotiated in a personal injury case which is under appeal, the documents filed should include those which would be required in the case of a personal injury claim for damages for future pecuniary loss dealt with at first instance. Details can be found in the Practice Directionpdp-21which supplements Part 21.
| Text of Para 13.5 replaced w/e from entry into force of s. 100 of Courts Act 2003 (which amends s. 2 of Damages Act 1996) on 1 April 2005. |
| 14.1 |
Costs are likely to be assessed by way of summary assessment at the following hearings:
|
| This Paragraph is referred to in: PDP 44 (13.2). |
Parties attending any of the hearings referred to in paragraph 14.1 should be prepared to deal with the summary assessment.
| This Paragraph is referred to in: Jolly v Jay [40]. |
| 15.1 |
|
| This Paragraph is referred to in: Jeyapragash v IAT [7]. |
| (1) | A party may file by email
–
in the Court of Appeal, Civil Division, using the email account specified in the ‘Guidelines for filing by Email’ which appear on the Court of Appeal, Civil Division website at www.civilappeals.gov.uk. |
| (2) | A party may only file a notice in accordance with paragraph (1) where he is permitted to do so by the ‘Guidelines for filing by Email’. |
| Para 15.1A inserted w/e from 6 April 2006. |
| (1) | A party to an appeal in the
Court of Appeal, Civil Division may file –
electronically using the online forms service on the Court of Appeal, Civil Division website at www.civilappeals.gov.uk. |
| (2) | A party may only file a notice in accordance with paragraph (1) where he is permitted to so do by the ‘Guidelines for filing electronically’. The Guidelines for filing electronically may be found on the Court of Appeal, Civil Division website. |
| (3) | The online forms service will assist the user in completing a document accurately but the user is responsible for ensuring that the rules and practice directions relating to the document have been complied with. Transmission by the service does not guarantee that the document will be accepted by the Court of Appeal, Civil Division. |
| (4) | A party using the online forms service in accordance with this paragraph is responsible for ensuring that the transmission or any document attached to it is filed within any relevant time limits. |
| (5) | Parties are advised not to transmit electronically any correspondence or documents of a confidential or sensitive nature, as security cannot be guaranteed. |
| (6) | Where a party wishes to file a document containing a statement of truth electronically, that party should retain the document containing the original signature and file with the court a version of the document on which the name of the person who has signed the statement of truth is typed underneath the statement. |
| New para 15.1B inserted
w/e from 2 October 2006, The "Guidelines for Electronic Filing" in the CA can be found at http://www.hmcourts-service.gov.uk/cms/7735.htm.. |
| 15.2 | In cases where the appeal bundle comprises more than 500 pages, exclusive of transcripts, the appellant’s solicitors must, after consultation with the respondent’s solicitors, also prepare and file with the court, in addition to copies of the appeal bundle (as amended in accordance with paragraph 7.11) the requisite number of copies of a core bundle. |
| Text substituted at paragraph 15.2 w/e from 1 October 2008. |
| (1) | The core bundle must be filed within 28 days of receipt of the order giving permission to appeal or, where permission to appeal was granted by the lower court or is not required, within 28 days of the date of service of the appellant's notice on the respondent. |
| (2) | The core bundle –
|
| 15.4 | The provisions of this paragraph apply to the preparation of appeal bundles, supplemental respondents’ bundles where the parties are unable to agree amendments to the appeal bundle, and core bundles.
|
| 15.5 | When the Head of the Civil Appeals Office acts in a judicial capacity pursuant to rule 52.16, he shall be known as Master. Other eligible officers may also be designated by the Master of the Rolls to exercise judicial authority under rule 52.16 and shall then be known as Deputy Masters. |
| 15.6 | A respondent must, no later than 21 days after the date he is served with notification that –
|
| 15.7 | The management of the list will be dealt with by the listing officer under the direction of the Master. |
| 15.8 | The Civil Appeals List of the Court of Appeal is divided as follows:
|
| 15.9 |
|
| 15.9A |
|
| 15.10 | To ensure that all requests for directions are centrally monitored and correctly allocated, all requests for directions or rulings (whether relating to listing or any other matters) should be made to the Civil Appeals Office. Those seeking directions or rulings must not approach the supervising Lord Justice either directly, or via his or her clerk. |
| 15.11 |
|
| This Paragraph is referred to in: Haggis v DPP [31], Harvey Shopfitters Ltd v ADI Ltd [18], [19], Jeyapragash v IAT [5]. |
| 15.11A |
|
| This Paragraph is referred to in: Harvey Shopfitters Ltd v ADI Ltd [16]. |
| Paragraph 15.11A inserted w/e from 2 December 2002. |
| 15.11B |
|
| 15.11C |
|
| 15.12 | The Practice Directionpdp-40supplementing Part 40 (Reserved Judgments) contains provisions relating to reserved judgments. |
| Paragraphs 15.13-15.21 omitted w/e from 1 October 2008, Text substituted in heading above paragraph 15.12 w/e from 1 October 2008. |
| 16.1 |
This section of this practice direction contains general provisions about statutory appeals (paragraphs 17.1 – 17.11) and appeals by way of case stated (paragraphs 18.1–18.20). |
| Text of Paragraph 16.1 altered w/e from 1 October 2007. |
Where any of the provisions in this section provide for documents to be filed at the appeal court, these documents are in addition to any documents required under Part 52 or section I of this practice direction.
| This Paragraph is referred to in: Haggis v DPP [25]. |
| 17.1 |
|
| 17.3 | Subject to paragraph 17.4A, the appellant must file the appellant’s notice at the appeal court within 28 days after the date of the decision of the lower court being appealed. |
| Text substituted in paragraph 17.3 and its heading w/e from 9 January 2009. |
Where a statement of the reasons for a decision is given later than the notice of that decision, the period for filing the appellant’s notice is calculated from the date on which the statement is received by the appellant.
| Text inserted after paragraph 17.4 w/e from 9 January 2009. |
| (1) | Where the appellant wishes to appeal against a decision of the Administrative Appeals Chamber of the Upper Tribunal, the appellant’s notice must be filed within 42 days of the date on which the Upper Tribunal's decision on permission to appeal to the Court of Appeal is given. |
| (2) | Where the appellant wishes to appeal against a decision of any other Chamber of the Upper Tribunal, the appellant’s notice must be filed within 28 days of the date on which the Upper Tribunal’s decision on permission to appeal to the Court of Appeal is given. |
| 17.5 |
|
| Paragraph 17.5 renumbered as 17.5(1) and 17.5(2) added
w/e from 1 October 2007, Text substituted in and after paragraph 17.5(1) w/e from 9 January 2009. |
Where the appeal is from an order or decision of a Minister of State or government department, the Minister or department, as the case may be, is entitled to attend the hearing and to make representations to the court.
| 17.7 | Where all the parties consent, the court may deal with an application under rule 52.12A without a hearing. |
| Paragraph 17.7 added w/e from 1 October 2007. |
Where the court gives permission for a person to file evidence or to make representations at the appeal hearing, it may do so on conditions and may give case management directions.
| Paragraph 17.8 added w/e from 1 October 2007. |
An application for permission must be made by letter to the relevant court office, identifying the appeal, explaining who the applicant is and indicating why and in what form the applicant wants to participate in the hearing.
| Paragraph 17.9 added w/e from 1 October 2007. |
If the applicant is seeking a prospective order as to costs, the letter must say what kind of order and on what grounds.
| Paragraph 17.10 added w/e from 1 October 2007. |
Applications to intervene must be made at the earliest reasonable opportunity, since it will usually be essential not to delay the hearing.
| Paragraph 17.11 added w/e from 1 October 2007. |
| 18.1 |
|
| This Paragraph is referred to in: Haggis v DPP [24]. |
Part 52 applies to appeals by way of case stated subject to the following amendments.
| 18.3 | The procedure for applying to the Crown Court or a Magistrates’ Court to have a case stated for the opinion of the High Court is set out in the Crown Court Rules 1982 and the Magistrates’ Courts Rules 1981 respectively. |
| 18.4 | The appellant must file the appellant’s notice at the appeal court within 10 days after he receives the stated case. |
| 18.5 | The appellant must lodge the following documents with his appellant’s notice:
|
| This Paragraph is referred to in: Haggis v DPP [24]. |
The appellant must serve the appellant’s notice and accompanying documents on all respondents within 4 days after they are filed or lodged at the appeal court.
| This Paragraph is referred to in: Haggis v DPP [24]. |
| 18.7 | The procedure for applying to a Minister, government department, tribunal or other person (‘Minister or tribunal etc.’) to have a case stated for the opinion of the court may be set out in –
|
| 18.8 |
|
| Paragraph 18.8 substituted w/e from 1 October 2007. |
The Minister or tribunal etc. must serve the stated case on –
| (1) | the party who requests the case to be stated; or |
| (2) | the party as a result of whose application to the court, the case was stated. |
| 18.10 | Where an enactment provides that a Minister or tribunal etc. may state a case or refer a question of law to the court by way of case stated without a request being made, the Minister or tribunal etc. must –
|
| 18.11 | The party on whom the stated case was served must file the appellant’s notice and the stated case at the appeal court and serve copies of the notice and stated case on –
within 14 days after the stated case was served on him. |
| 18.12 | Where paragraph 18.10 applies the Minister or tribunal etc. must –
within 14 days after stating the case. |
| 18.13 |
any other party may file an appellant’s notice with the stated case at the appeal court and serve a copy of the notice and the case on the persons listed in paragraph 18.11 within the period of time set out in paragraph 18.14. |
| 18.14 | The period of time referred to in paragraph 18.13 is 14 days from the last day on which the party on whom the stated case was served may file an appellant’s notice in accordance with paragraph 18.11. |
| 18.15 | The court may amend the stated case or order it to be returned to the Minister or tribunal etc. for amendment and may draw inferences of fact from the facts stated in the case. |
| 18.16 | Where the case is stated by a Minister or government department, that Minister or department, as the case may be, is entitled to appear on the appeal and to make representations to the court. |
| 18.17 | An application to the court for an order requiring a minister or tribunal etc. to state a case for the decision of the court, or to refer a question of law to the court by way of case stated must be made to the court which would be the appeal court if the case were stated. |
| 18.18 | An application to the court for an order directing a Minister or tribunal etc. to –
|
| 18.19 | The application notice must contain –
|
| 18.20 | The application notice must be filed at the appeal court and served on –
within 14 days after the appellant receives notice of the refusal of his request to state a case. |
| 20.1 |
This section of this Practice Direction provides special provisions about the appeals to which the following table refers. This Section is not exhaustive and does not create, amend or remove any right of appeal. |
| Table at Paragraph 20.1 amended w/e from 1 June 2004. |
Part 52 applies to all appeals to which this section applies subject to any special provisions set out in this section.
| 20.3 |
Where any of the provisions in this section provide for documents to be filed at the appeal court, these documents are in addition to any documents required under Part 52 or sections I or II of this practice direction. |
| Minor amendments to table after Para 20.3 w/e from from 26 March 2001, Para 20.3 additions to the table w/e 1 April 2003, Para 20.3 in Table Competition Commission Apeals Tribunal changed to Competition Appeal Tribunal w/e from 1 April 2003, Paragraph 20.3 amended with effect from 30 September 2002 by addition of Housing Act Appeals in County Court by Order of May LJ, References to LRA 2002 added w/e from 6 October 2003, Table after paragraph 20.3 altered w/e from 1 October 2007, Table following Para 20.3 of PD52 amended w/e from 1 October 2005, Table under paragraph 20.3 typo corrected w/e from 2 June 2003, Text in table following para 20.3 amended w/e from 2 October 2006, Text inserted after paragraph 20.3 w/e from 1 October 2008, Text omitted in table paragraph 20.3 w/e from 9 January 2009, The line "Extradition Act 2003 ... 22.6A" is added to this table w/e from 1 January 2004. The amendment was announced on the DCA site on 29 December 2003. |
| 21.1 |
|
| Para 21.1 of PD52 amended w/e from 1 October 2005. |
| 21.2 |
|
| 21.3 | Where the appeal is from a decision of the Patents Court which was itself made on an appeal from a decision of the Comptroller-General of Patents, Designs and Trade Marks, the appellant must serve the appellant’s notice on the Comptroller in addition to the persons to be served under rule 52.4(3) and in accordance with that rule. |
| 21.4 | In an appeal under section 13 of the Administration of Justice Act 1960 (appeals in cases of contempt of court), the appellant must serve the appellant’s notice on the court or the Upper Tribunal from whose order or decision the appeal is brought in addition to the persons to be served under rule 52.4(3) and in accordance with that rule. |
| Text inserted in paragraph 21.4 w/e from 9 January 2009, Text omitted in paragraph 21.5, its heading, and the parenthesis following it w/e from 9 January 2009. |
| Minor amendment to Para 21.5 w/e from from 26 March 2001, Para 21.5 of PD52 amended w/e from 1 October 2005, Paragraph 21.5 replaced with new text w/e from 1 April 2005, Paragraph 21.5(2)(a) and (b) deleted and replaced with paragraph 21.5(2) and 21.5(3) with effect from 12 Feb 01, Reference to Social Security Admin Act deleted from Para 21.5 and ref to Child Support Act added to para w/e from 1 October 2004, Reference to Social Security Admin Act deleted from Para 21.5 w/e from 1 October 2004. |
| 21.6 |
|
| 21.7 |
|
| In Paras 21.7(2) '28 days' replaced by '14 days' w/e from 1 February 2004, Para 21.7 replaced w/e from 1 April 2003, Paragraph 21.7 replaced with new text w/e from 4 April 2005, Paragraph 21.7(1) and (2) substituted with effect from 12 Feb 01. |
| (1) | This paragraph applies to appeals from the Asylum and Immigration Tribunal referred to the Court of Appeal under section 103C of the Nationality, Immigration and Asylum Act 2002. |
| (2) | On making an order referring
an appeal to the Court of Appeal, the High Court shall send to the Court of
Appeal copies of –
|
| (3) | Unless the court directs otherwise, the application notice filed under rule 54.29 shall be treated as the appellant's notice. |
| (4) | The respondent may file a respondent's notice within 14 days after the date on which the respondent is served with the order of the High Court referring the appeal to the Court of Appeal. |
| (5) | The Court of Appeal may give such additional directions as are appropriate. |
| Paragraph 21.7A added w/e from 4 April 2005. |
| (1) | This paragraph applies to
appeals from the Asylum and Immigration Tribunal which –
|
| (2) | Where section 104(4A) of the
2002 Act applies and the appellant wishes to pursue his appeal, the appellant must file a notice at the Court of Appeal –
|
| (3) | Where the appellant does not comply with the time limits specified in paragraph (2) the appeal will be treated as abandoned in accordance with section 104(4) of the 2002 Act. |
| (4) | The appellant must serve the notice filed under paragraph (2) on the respondent. |
| (5) | Where section 104(4B) of the
2002 Act applies, the notice filed under paragraph (2) must state
–
|
| (6) | Where section 104(4C) of the
2002 Act applies, the notice filed under paragraph (2) must state
–
|
| (7) | Where an appellant has filed a notice under paragraph (2) the Court of Appeal will notify the appellant of the date on which it received the notice. |
| (8) | The Court of Appeal will send a copy of the notice issued under paragraph (7) to the respondent. |
| New para 21.7B inserted w/e from 2 October 2006. |
| 21.8 |
|
| 21.9 | The appellant must file the appellant’s notice at the Court of Appeal within 28 days after the date of the decision of the tribunal. |
| 21.10 |
|
| Para 21.10 minor change to name of Tribunal w/e from 1 April 2003. |
| 21.10A |
|
| Paragraph 21.10A added
w/e from 1 June 2004, Text at end of Para 21.10A added "with effect from publication" of change ie 27 August 2004. |
| 21.11 |
|
| Para 21.11 inserted w/e from 25 March 2002. |
| 21.12 |
|
(Paragraph 12 contains provisions about the dismissal of applications or appeals by consent. Paragraph 13 contains provisions about allowing unopposed appeals or applications on paper and procedures for consent orders and agreements to pay periodical payments involving a child or protected party or in appeals to the Court of Appeal from a decision of the Court of Protection.)
| Paragraph 21.12(1) to (10) added w/e from 1 October 2007. |
| 21.13 |
|
| Para 21.13 inserted w/e from 6 April 2008. |
| 22.1 |
The following appeals are to be heard in the Queen’s Bench Division. |
| 22.2 |
|
| 22.3 |
|
| Minor amendment to Para 22.3 w/e from from 26 March 2001, Para 22.3 amended w/e 1 April 2003. |
| (1) | A person dissatisfied in point of law with a decision of the Secretary of State on an appeal under section 41 of the Consumer Credit Act 1974Acts from a determination of the Office of Fair Trading who had a right to appeal to the Secretary of State, whether or not he exercised that right, may appeal to the High Court. |
| (2) | The appellant must serve the
appellant’s notice on
–
|
| (3) | The appeal court may remit the matter to the Secretary of State to the extent necessary to enable him to provide the court with such further information as the court may direct. |
| (4) | If the appeal court allows the appeal, it shall not set aside or vary the decision but shall remit the matter to the Secretary of State with the opinion of the court for hearing and determination by him. |
| Text omitted in paragraph 22.5 and its heading w/e from 9 January 2009. |
| (1) | Any person who by virtue of section 18 or
58(8) of the Social Security Administration Act 1992Acts (‘the Act’) is
entitled and wishes to appeal against a decision of the Secretary of State on a
question of law must, within the prescribed period, or within such further time
as the Secretary of State may allow, serve on the Secretary of State a notice
requiring him to state a case setting out
–
|
| (2) | Unless paragraph (3) applies the prescribed period is 28 days after receipt of the notice of the decision. |
| (3) | Where, within 28 days after receipt of notice of the decision, a request is made to the Secretary of State in accordance with regulations made under the Act to furnish a statement of the grounds of the decision, the prescribed period is 28 days after receipt of that statement. |
| (4) | Where under section 18 or section 58(8) of the Act, the Secretary of State refers a question of law to the court, he must state that question together with the relevant facts in a case. |
| (5) | The appellant’s notice and the case
stated must be filed at the appeal court and a copy of the notice and the case
stated served on –
within 28 days after the case stated was served on the party at whose request, or as a result of whose application to the court, the case was stated. |
| (6) | Unless the appeal court otherwise orders, the appeal or reference shall not be heard sooner than 28 days after service of the appellant’s notice. |
| (7) | The appeal court may order the case stated by the Secretary of State to be returned to the Secretary of State for him to hear further evidence. |
| 22.6A |
|
| Paras 22.6A added w/e from 1 January 2004. |
| (1) | This paragraph applies to appeals from the Solicitors Disciplinary Tribunal (‘the Tribunal’) to the High Court under section 49(1)(b) of the Solicitors Act 1974Acts (‘the Act’). The procedure for appeals to the Master of the Rolls under section 49(1)(a) of the Act is set out in the Master of the Rolls (Appeals and Applications) Regulations 2001. |
| (2) | Appeals to the High Court under section 49(1)(b) of the Act must be brought in the Administrative Court of the Queen’s Bench Division. |
| (3) | The appellant’s notice
–
|
| (4) | The court –
|
| (5) | The court may direct the
Tribunal to provide it with a written statement of their opinion on the case,
or on any question arising in it. If the court gives such a direction, the
clerk to the Tribunal must as soon as possible –
|
| (6) | The court may give permission for any person to intervene to be heard in opposition to the appeal. |
| (7) | An appellant may at any
time discontinue his appeal by –
|
| (8) | Unless the court orders otherwise, an appellant who discontinues is liable for the costs of every other party to the appeal. |
| 22.6C |
|
| Paragraph 22.6C added w/e from 1 October 2007. |
| (1) | This paragraph applies to an appeal from a tribunal constituted under section 46 of the National Health Service Act 1977. |
| (2) | The appellant must file the appellant's notice at the High Court within 14 days after the date of the decision of the tribunal. |
| Paragraph 22.6D added w/e from 1 October 2007. |
| (1) | This paragraph applies to an appeal from a tribunal constituted under section 1 of the Employment Tribunals Act 1996. |
| (2) | The appellant must file the appellant’s notice at the High Court within 42 days after the date of the decision of the tribunal. |
| (3) | The appellant must serve the appellant’s notice on the secretary of the tribunal. |
| Paragraph 22.6E added w/e from 1 October 2007. |