PRACTICE DIRECTION 52

Contents of this Practice Direction
Title	Number
CONTENTS OF THIS PRACTICE DIRECTION
SECTION I – GENERAL PROVISIONS ABOUT APPEALS
ROUTES OF APPEAL
GROUNDS FOR APPEAL
PERMISSION TO APPEAL
Appeals from case management decisions	Para. 4.4
Court to which permission to appeal application should be made	Para. 4.6
Consideration of Permission without a hearing	Para. 4.11
Permission hearing	Para. 4.14A
Appellants in receipt of services funded by the Legal Services Commission applying for permission to appeal	Para. 4.17
Limited permission	Para. 4.18
Respondents' costs of permission applications	Para. 4.22
APPELLANT’S NOTICE
Human Rights	Para. 5.1A
Extension of time for filing appellant’s notice	Para. 5.2
Applications	Para. 5.5
Documents	Para. 5.6
Small claims	Para. 5.8
Skeleton arguments	Para. 5.9
Suitable record of the judgment	Para. 5.12
Advocates’ notes of judgments	Para. 5.14
Transcripts or Notes of Evidence	Para. 5.15
Notes of evidence	Para. 5.16
Transcripts at public expense	Para. 5.17
Filing and service of appellant’s notice	Para. 5.19
Amendment of Appeal Notice	Para. 5.25
PROCEDURE AFTER PERMISSION IS OBTAINED
Appeal Questionnaire in the Court of Appeal	Para. 6.4
Respondent
Applications within respondent’s notices	Para. 7.9
Filing respondent’s notices and skeleton arguments	Para. 7.10
Appeals to the High Court
Application	Para. 8.1
Venue for appeals and filing of notices on the South Eastern Circuit	Para. 8.6
General provisions	Para. 8.9
Appeals to a judge of a county court from a district judge
Re-hearings
Appeals Transferred to the Court of Appeal
Applications
DISPOSING OF APPLICATIONS OR APPEALS BY CONSENT
Dismissal of applications or appeals by consent	Para. 12.1
Allowing unopposed appeals or applications on paper	Para. 13.1
Procedure for consent orders and agreements to pay periodical payments involving a child or protected party or in applications or appeals to the Court of Appeal from a decision of the Court of Protection	Para. 13.2
SUMMARY ASSESSMENT OF COSTS	Para. 14.1
OTHER SPECIAL PROVISIONS REGARDING THE COURT OF APPEAL
Filing of Documents	Para. 15.1
Core Bundles	Para. 15.2
Preparation of bundles	Para. 15.4
Master in the Court of Appeal, Civil Division	Para. 15.5
Respondent to notify Civil Appeals Office whether he intends to file respondent’s notice	Para. 15.6
Listing and hear-by dates	Para. 15.7
Special provisions relating to the short-warned list	Para. 15.9
Special provisions relating to the special fixtures list	Para. 15.9A
Requests for directions	Para. 15.10
Bundles of authorities	Para. 15.11
Supplementary skeleton arguments	Para. 15.11A
Papers for the appeal hearing	Para. 15.11B
Disposal of bundles of documents	Para. 15.11C
Reserved Judgments	Para. 15.12
SECTION II – GENERAL PROVISIONS ABOUT STATUTORY APPEALS AND APPEALS BY WAY OF CASE STATED
STATUTORY APPEALS
APPEALS BY WAY OF CASE STATED	Para. 18.1
Case stated by Crown Court or Magistrates’ Court	Para. 18.3
Case stated by Minister, government department, tribunal or other person	Para. 18.7
SECTION III – PROVISIONS ABOUT SPECIFIC APPEALS
APPEALS TO THE COURT OF APPEAL
Appeal against decree nisi of divorce or nullity of marriage or conditional dissolution or nullity order in relation to civil partnership	Para. 21.1
Appeal against order for revocation of patent	Para. 21.2
Appeal from Patents Court on appeal from Comptroller	Para. 21.3
Appeals in cases of contempt of court	Para. 21.4
Appeals from Social Security or Child Support Commissioners	Para. 21.5
Appeals from Value Added Tax and Duties Tribunals	Para. 21.6
Asylum and Immigration Appeals	Para. 21.7
Appeal from Special Commissioners	Para. 21.8
Appeal from Lands Tribunal	Para. 21.9
Appeal from Competition Appeal Tribunal	Para. 21.10
Appeals relating to the application of Articles 81 and 82 of the EC Treaty and Chapters I and II of Part I of the Competition Act 1998	Para. 21.10A
Appeal from Proscribed Organisations Appeal Commission	Para. 21.11
Appeal from the Court of Protection	Para. 21.12
Appeals in relation to serious crime prevention orders	Para. 21.13
APPEALS TO THE HIGH COURT – QUEEN’S BENCH DIVISION
Statutory Appeals	Para. 22.2
Appeals by way of case stated	Para. 22.7
APPEALS TO THE HIGH COURT – CHANCERY DIVISION
Statutory Appeals	Para. 23.3
Appeals by way of case stated	Para. 23.9
APPEALS TO A COUNTY COURT
Local Government (Miscellaneous Provisions) Act 1976	Para. 24.1
Appeals under sections 204 and 204A of the Housing Act 1996Acts	Para. 24.2
Appeal under Part II of the Immigration and Asylum Act 1999 (carriers' liability)	Para. 24.3
Representation of the People Act 1983 – appeals against decisions of registration officers	Para. 24.4
Representation of the People Act 1983 – special provision in relation to anonymous entries in the register	Para. 24.5
Representation of the People Act 1983 – appeals selected as test cases	Para. 24.6
Appeals under section 11 of the UK Borders Act 2007	Para. 24.7
SECTION IV – PROVISIONS ABOUT REOPENING APPEALS
Reopening of final appeals

Table 1

In this Table, reference to –

a ‘Circuit judge’ includes 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 (Allocation of cases to levels of judiciary), paragraph 11.1(d));
‘the Destinations of Appeal Order’ means the Access to Justice Act 1999 (Destination of Appeals) Order 2000; and

‘final decision’ has the meaning for the purposes of this table as set out in paragraphs 2A.2 and 2A.3.

Court	Track/nature of claim	Judge who made the decision	Nature of the decision under appeal	Apeal Court
County	Part 7 claim	District judge	Interim decision	Circuit judge in the county court
County	Part 7 claim, other than a claim allocated to the multi-track	District judge	Final decision	Circuit judge in the county
County	Part 7 claim, allocated to the multi-track	District judge	Final decision	Court of Appeal
County	Part 8 claim	District judge	Any decision	Circuit judge in the county court
County	Claims or originating or pre-action applications started otherwise than by a Part 7 or Part 8 claim (for example an application under Part 23)	District judge	Any decision	Circuit judge in the county court
County	Specialist proceedings (under the Companies Act 1985 or the Companies Act 1989 or to which Sections I or II of Part 57 or any of Parts 60 or 63 apply)	District judge	Interim decision	Circuit judge in the county court
County	Specialist proceedings (under the Companies Act 1985 or the Companies Act 1989 or to which Sections I or II, of Part 57 or any of Parts 60 or 63 apply)	District judge	Final decision	Court of Appeal
County	Part 7 claim	Circuit judge	Interim decision	Single judge of the High Court
County	Part 7 claim, other than a claim allocated to the multi-track	Circuit judge	Final decision	Single judge of the High Court
County	Part 7 claim, allocated to the multi-track	Circuit judge	Final decision	Court of Appeal
County	Part 8 claim	Circuit judge	Any decision	Single judge of the High Court
County	Claims or originating or pre-action applications started otherwise than by a Part 7 or Part 8 claim (for example an application under Part 23)	Circuit judge	Any decision	Single judge of the High Court
County	Specialist proceedings (under the Companies Act 1985 or the Companies Act 1989 or to which Sections I or II of Part 57 or any of Parts 60 or 63 apply)	Circuit judge	Interim decision	Single judge of the High Court
County	Specialist proceedings (under the Companies Act 1985 or the Companies Act 1989 or to which Sections I or II of Part 57 or any of Parts 60 or 63 apply)	Circuit judge	Final decision	Court of Appeal
High	Part 7 claim	Master, district judge sitting in a district registry or any other judge referred to in article 2 of the Destination of Appeals Order (where appropriate)	Interim decision	Single judge of the High Court
High	Part 7 claim, other than a claim allocated to the multi-track	Master, district judge sitting in a district registry or any other judge referred to in article 2 of the Destination of Appeals Order (where appropriate)	Final decision	Single judge of the High Court
High	Part 7 claim, allocated to the multi-track	Master, district judge sitting in a district registry or any other judge referred to in article 2 of the Destination of Appeals Order (where appropriate)	Final decision	Court of Appeal
High	Part 8 claim	Master, district judge sitting in a district registry or any other judge referred to in article 2 of the Destination of Appeals Order (where appropriate)	Any decision	Single judge of the High Court
High	Claims or originating or pre-action applications started otherwise than by a Part 7 or Part 8 claim (for example an application under Part 23)	Master, district judge sitting in a district registry or any other judge referred to in article 2 of the Destination of Appeals Order (where appropriate)	Any decision	Single judge of the High Court
High	Specialist proceedings (under the Companies Act 1985 or the Companies Act 1989 or to which Sections I, II, or III of Part 57 or any of Parts 58 to 63 apply)	Master, district judge sitting in a district registry or any other judge referred to in article 2 of the Destination of Appeals Order (where appropriate)	Interim decision	Single judge of the High Court
High	Specialist proceedings (under the Companies Act 1985 or the Companies Act 1989 or to which Sections I, II or III of Part 57 or any of Parts 58 to 63 apply)	Master, district judge sitting in a district registry or any other judge referred to in article 2 of the Destination of Appeals Order (where appropriate)	Final decision	Court of Appeal
High	Any	High Court judge	Any decision	Court of Appeal

Table 2

Insolvency proceedings

In 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)).

Court Track/nature of claim Judge who made decision Nature of decision under appeal Apeal Court

County Insolvency District judge or circuit judge Any Single judge of the High Court

High Court Insolvency Registrar Any Single judge of the High Court

High Court Insolvency High Court judge Any Court of Appeal

Table 3

Proceedings 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.

Court Judge who made decision Track/nature of claim Nature of decision under appeal Apeal Court

High Court Principal Registry of the Family Division District judge Proceedings under CPR Pt 8 (if not allocated to any track or if simply treated as allocated to the multi-track under CPR 8.9(c)) Any decision High Court judge of the Family Division

High Court Principal Registry of the Family Division District judge Proceedings under CPR Pt 8 specifically allocated to the multi-track by an order of the court. Any decision High Court judge of the Family Division

High Court Principal Registry of the Family Division District judge Proceedings under CPR Part 7 Any decision other than a final decision High Court judge of the Family Division

High Court Principal Registry of the Family Division District judge Proceedings under CPR Part 7 and allocated to the multi-track Final decision Court of Appeal

High CourtFamily Division High Court Judge Proceedings under CPR Part 7 or 8 Any Court of Appeal

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:

(1)   a case management decision;

(2)   the grant or refusal of interim relief;

(3)   a summary judgment;

(4)   a striking out,

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:

(1) is made at the conclusion of part of a hearing or trial which has been split into parts; and

(2) would, if it had been made at the conclusion of that hearing or trial, have been a final decision.

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

An order made:

(1) on a summary or detailed assessment of costs; or

(2) on an application to enforce a final decision,

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 1981^Acts (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

(1)   Where an applicant attempts to file an appellant’s notice and the appeal court does not have jurisdiction to issue the notice, a court officer may notify the applicant in writing that the appeal court does not have jurisdiction in respect of the notice.

(2)   Before notifying a person under paragraph (1) the court officer must confer –

(a)   with a judge of the appeal court; or,

(b)   where the Court of Appeal, Civil Division is the appeal court, with a court officer who exercises the jurisdiction of that Court under rule 52.16.

(3)   Where a court officer in the Court of Appeal, Civil Division notifies a person under paragraph (1), rule 52.16(5) shall not apply.

GROUNDS FOR APPEAL


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 –

(1) set out clearly the reasons why rule 52.11(3)(a) or (b) is said to apply; and

(2) specify, in respect of each ground, whether the ground raises an appeal on a point of law or is an appeal against a finding of fact.

PERMISSION TO APPEAL


4.1	Rule 52.3 sets out the circumstances when permission to appeal is required.

4.2

The permission of –

(1) the Court of Appeal; or

(2) where the lower court’s rules allow, the lower court,

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


(1)	This paragraph applies where a party applies for permission to appeal against a decision at the hearing at which the decision was made.

(2)

Where this paragraph applies, the judge making the decision shall state –


(a)	whether or not the judgment or order is final;


(b)	whether an appeal lies from the judgment or order and, if so, to which appeal court;


(c)	whether the court gives permission to appeal; and


(d)	if not, the appropriate appeal court to which any further application for permission may be made.

(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.

4.3B

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.

Appeals from case management decisions

4.4

Case management decisions include decisions made under rule 3.1(2) and decisions about:

(1)   disclosure

(2)   filing of witness statements or experts reports

(3)   directions about the timetable of the claim

(4)   adding a party to a claim

(5)   security for costs.

This Paragraph is referred to in: Macintyre v Phillips [44].

4.5

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].

Court to which permission to appeal application should be made


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

Where:

(a) no application for permission to appeal is made at the hearing; or

(b) the lower court refuses permission to appeal,

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).

Second appeals

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.

4.9

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.

Consideration of Permission without a hearing


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.

Permission hearing

4.14A


(1)	This paragraph applies where an appellant, who is represented, makes a request for a decision to be reconsidered at an oral hearing.

(2)

The appellant’s advocate must, at least 4 days before the hearing, in a brief written statement –


(a)	inform the court and the respondent of the points which he proposes to raise at the hearing;


(b)	set out his reasons why permission should be granted notwithstanding the reasons given for the refusal of permission; and


(c)	confirm, where applicable, that the requirements of paragraph 4.17 have been complied with ( appellant in receipt of services funded by the Legal Services Commission).


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].

4.16

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.

Appellants in receipt of services funded by the Legal Services Commission applying for permission to appeal

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].

Limited permission

4.18

Where a court under rule 52.3(7) gives permission to appeal on some issues only, it will –

(1) refuse permission on any remaining issues; or

(2) reserve the question of permission to appeal on any remaining issues to the court hearing the appeal.

This Paragraph is referred to in: Tanfern v Macdonald [22].

Paragraph 4.18 amended w/e from 2 December 2002.

4.19

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.
4.20

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.
4.21

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.

Respondents' costs of permission applications

4.22

In most cases, applications for permission to appeal will be determined without the court requesting –

(1) submissions from, or

(2) if there is an oral hearing, attendance by
the respondent.

Paragraph 4.22 inserted w/e from 2 December 2002.

4.23

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.
4.24

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.

APPELLANT’S NOTICE


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.

Human Rights

5.1A

(1)

This paragraph applies where the appellant seeks –


(a)	to rely on any issue under the Human Rights Act 1998; or


(b)	a remedy available under that Act, for the first time in an appeal.


(2)	The appellant must include in his appeal notice the information required by paragraph 15.1 of the practice direction^pdp-16supplementing Part 16.


(3)	Paragraph 15.2 of the practice direction^pdp-16supplementing Part 16 applies as if references to a statement of case were to the appeal notice.

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 direction^pdp-19to Part 19 provides for notice to be given and parties joined in certain circumstances to which this paragraph applies)

Extension of time for filing appellant’s notice

5.2

Where the time for filing an appellant's notice has expired, the appellant must –

(a) file the appellant’s notice; and

(b) include in that appellant’s notice an application for an extension of time.

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.

5.3

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.

Applications


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)

Documents

5.6

(1)

This paragraph applies to every case except where the appeal –


(a)	relates to a claim allocated to the small claims track; and


(b)	is being heard in a county court or the High Court.

(Paragraph 5.8 applies where this paragraph does not apply)

(2)

The appellant must file the following documents together with an appeal bundle (see paragraph 5.6A) with his appellant's notice –


(a)	two additional copies of the appellant’s notice for the appeal court; and


(b)	one copy of the appellant’s notice for each of the respondents;


(c)	one copy of his skeleton argument for each copy of the appellant’s notice that is filed (see paragraph 5.9);


(d)	a sealed copy of the order being appealed;


(e)	a copy of any order giving or refusing permission to appeal, together with a copy of the judge’s reasons for allowing or refusing permission to appeal;


(f)	any witness statements or affidavits in support of any application included in the appellant’s notice.


(g)	a copy of the order allocating a case to a track (if any).

This Paragraph is referred to in: Harvey Shopfitters Ltd v ADI Ltd [15], [15].

5.6A

(1)

An appellant must include in his appeal bundle the following documents:


(a)	a sealed copy of the appellant’s notice;


(b)	a sealed copy of the order being appealed;


(c)	a copy of any order giving or refusing permission to appeal, together with a copy of the judge’s reasons for allowing or refusing permission to appeal;


(d)	any affidavit or witness statement filed in support of any application included in the appellant's notice;


(e)	a copy of his skeleton argument;


(f)	a transcript or note of judgment (see paragraph 5.12), and in cases where permission to appeal was given by the lower court or is not required those parts of any transcript of evidence which are directly relevant to any question at issue on the appeal;


(g)	the claim form and statements of case (where relevant to the subject of the appeal);


(h)	any application notice (or case management documentation) relevant to the subject of the appeal;


(i)	in cases where the decision appealed was itself made on appeal (eg from district judge to circuit judge), the first order, the reasons given and the appellant's notice used to appeal from that order;


(j)	in the case of judicial review or a statutory appeal, the original decision which was the subject of the application to the lower court;


(k)	in cases where the appeal is from a Tribunal, a copy of the Tribunal's reasons for the decision, a copy of the decision reviewed by the Tribunal and the reasons for the original decision and any document filed with the Tribunal setting out the grounds of appeal from that decision;


(l)	any other documents which the appellant reasonably considers necessary to enable the appeal court to reach its decision on the hearing of the application or appeal; and


(m)	such other documents as the court may direct.


(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].

Small claims

5.8

(1)

This paragraph applies where –


(a)	the appeal relates to a claim allocated to the small claims track; and


(b)	the appeal is being heard in a county court or the High Court.


(1A)	An appellant's notice must be filed and served in Form N164.

(2)

The appellant must file the following documents with his appellant’s notice –


(a)	a sealed copy of the order being appealed; and


(b)	any order giving or refusing permission to appeal, together with a copy of the reasons for that decision.


(3)	The appellant may, if relevant to the issues to be determined on the appeal, file any other document listed in paragraph 5.6 or 5.6A in addition to the documents referred to in sub-paragraph (2).


(4)	The appellant need not file a record of the reasons for judgment of the lower court with his appellant’s notice unless sub-paragraph (5) applies.

(5)

The court may order a suitable record of the reasons for judgment of the lower court (see paragraph 5.12) to be filed –


(a)	to enable it to decide if permission should be granted; or


(b)	if permission is granted to enable it to decide the appeal.

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.

Skeleton arguments

5.9


(1)	The appellant’s notice must, subject to (2) and (3) below, be accompanied by a skeleton argument. Alternatively the skeleton argument may be included in the appellant’s notice. Where the skeleton argument is so included it will not form part of the notice for the purposes of rule 52.8.


(2)	Where it is impracticable for the appellant’s skeleton argument to accompany the appellant’s notice it must be filed and served on all respondents within 14 days of filing the notice.


(3)	An appellant who is not represented need not file a skeleton argument but is encouraged to do so since this will be helpful to the court.

Content of skeleton arguments

This Paragraph is referred to in: Haggis v DPP [26], [26], Harvey Shopfitters Ltd v ADI Ltd [22], [23].

5.10


(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 –


(a)	the proposition of law that the authority demonstrates; and


(b)	the parts of the authority (identified by page or paragraph references) that support the proposition.


(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 –


(a)	the relevance of the authority or authorities to that argument; and


(b)	that the citation is necessary for a proper presentation of that argument.

(6)

The cost of preparing a skeleton argument which –

(a)</


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.


(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.


4.10	If permission to appeal is granted the appeal will be heard by the Court of Appeal.


(2)	attendance by the respondent, the court will normally allow the respondent his costs if permission is refused.


5.4	If an extension of time is given following such an application the procedure at paragraphs 6.1 to 6.6 applies.