Note: This file does not form part of the Ministry of Justice or CS sites. The files on those sites are the only official versions of the CPRs and related material. Please also note that the cross-references are not claimed to be comprehensive.

Click here to reload this page into top frame
Click here for a printable PDF version of this page


The Queen's Bench Guide
Section 11
Appeals
11.1 General
 
11.2 Permission to appeal
11.3 Appeal Notices
11.4 Procedure where permission is obtained
11.5 Disposing of applications for permission and appeals where the Appellant does not wish to proceed.
11.6 Appeals in cases of contempt of court
11.1 General:
 
11.1.1   Appeals are governed by Part 52 and the Part 52 Practice Direction. The contents of Part 52 are divided into three sections; I - General Rules about Appeals, II - Special Provisions applying to the Court of Appeal,and III - Provisions about reopening Appeals.
11.1.2   The Practice Direction is divided into four sections; I - General Provisions about Appeals, II - General Provisions about Statutory Appeals and Appeals by way of Case Stated, III - Provisions about Specific Appeals and IV - Provisions about Reopening Appeals.
11.1.3   The following paragraphs apply to orders made after 2nd May 2000 and are intended only to draw parties’ attention to the basic provisions for bringing an appeal in or from the Queen’s Bench Division. For further information about these procedures and about other specific types of appeal, parties should refer to Part 52, the Practice Direction and the Civil Appeals Guide.
   For the purposes of Part 52 and the Part 52 Practice Direction, except where the meaning indicates otherwise, the term "Judge" includes a Master or District Judge.
11.1.4   Routes of Appeal – An appeal will lie from the decision of:
  
   A District Judge of a county court; to a Circuit Judge
   A Master or a District Judge of a District Registry of the High Court; to a High Court Judge
   A Circuit Judge; to a High Court Judge
   A High Court Judge; to the Court of Appeal,
   unless the decision to be appealed is a final decision in a claim allocated to the multi-track or in specialist proceedings (under the Companies Acts 1985 or 1989 or to which Sections I, II or III of Part 57 or any of Parts 58 to 63 apply), in which case the appeal will lie to the Court of Appeal.
11.1.5   Unless the lower court or the appeal court orders otherwise, filing an Appellant’s Notice does not operate as a stay of any order or decision of the lower court. A stay must be specifically sought either in the Appellant’s Notice or separately in accordance with Part 23.
11.2 Permission to appeal:
 
11.2.1   Permission to appeal is required to appeal from a decision of a Judge in a county court or the High Court, except where the appeal is in respect of;
  
(1)   a committal order,
(2)   a refusal to grant habeas corpus,
(3)   a secure accommodation order made under s.25 of The Children Act 1989,
(4)   certain statutory appeals, or
(5)   where a Practice Direction so provides.
11.2.2   Applicants are encouraged to seek permission at the hearing at which the decision to be appealed against is made. If it is not, or if it is sought and refused, permission should be sought from the court appealed to ("the appeal court"). Where permission is sought from the appeal court it must be requested in the Appellant’s Notice. Permission may be granted, or refused, or granted in part (whether as to a part of the order, a ground of appeal or an issue) and refused as to the rest. (See paragraphs 4.1 to 4.24 of the Practice Direction in respect of permission to appeal.)
11.2.3   Refusal of permission at a hearing is, effectively, the end of the road (s.54(4) of the Access to Justice Act 1999 and paragraph 4.8 of the Practice Direction), save in extremely rare cases where the Court of Appeal or the High Court may reopen a final appeal or refusal of permission (52.17).
11.2.4   Where the decision sought to be appealed to the Court of Appeal was itself made on appeal to a county court or the High Court, permission must be sought from the Court of Appeal (52.13(1)). The Court of Appeal will not grant permission unless an important point of principle or practice is involved, or there is some other compelling reason.
11.2.5   An application for permission to appeal to a High Court Judge is made by filing an Appellant’s Notice in the High Court Appeals Listing Office, Room WG7. An application for permission to appeal to the Court of Appeal is made by filing an Appellant’s Notice in the Civil Appeals Office Registry, Room E307.
11.2.6   Before an application for permission can be considered, whether on the papers or at a hearing, the documents in support of the appeal must be lodged. The documents listed at section 11 of the Appellant’s Notice should be lodged when the Appellant’s Notice is filed. If the appellant needs more time to lodge the documents he/she must complete section 11 to obtain an extension of up to 14 days. This extension may be granted by a court officer. If the appellant is still unable to obtain the documents he/she may apply in writing for a further extension. This may also be granted by a court officer but any subsequent application for an extension must be made to a Judge.
11.2.7   Where the documents are not lodged in accordance with the extended time period and no further application for an extension is made, the matter will be placed in a Dismissal list before the Judge in charge of the List on notice to the appellant.
11.2.8   Where permission to appeal is being sought from the Court of Appeal, the Appellant must file the documents set out in paragraph 5.6, 5.6A, 5.9 and 5.12 of the Part 52 practice direction.
11.2.9   An application for permission is normally first considered on the papers without a hearing, although the application may be listed for a hearing at the outset, if the appellant requests it (52.3.5). Where permission is refused on the papers, the applicant may request that it be reconsidered at a hearing. The request should be made within 7 days of service of the notice of refusal.
11.2.10   The court will give notice of the permission hearing to the parties. A respondent who volunteers written submissions or attends the permission hearing will not normally be allowed his/her costs. If the court requests submissions from or the attendance of a Respondent, he/she will normally be allowed his/her costs if permission is refused (paragraphs 4.22-4.24 of the Part 52 practice direction).
11.3 Appeal Notices:
 
11.3.1   Rule 52.4 and paragraph 5 of the Practice Direction deal with the Appellant’s Notice. The appellant must file 3 copies of his/her notice at the appeal court either within a period specified by the court appealed from ("the lower court") or, if no such period is specified, within 21 days of the date of the decision appealed from. The notice must be served on each respondent as soon as practicable, and in any event not later than 7 days after it is filed.
11.3.2   A respondent must file a notice where;
  
(1)   he/she also wishes to appeal the lower court’s decision,
(2)   he/she wishes to uphold the decision of the lower court for different or additional reasons to those given by the lower court, or
(3)   he/she is seeking permission to appeal from the appeal court.
11.3.3   The Respondent’s Notice must be filed either within a period specified by the lower court or, if no such period is specified, within 14 days of;
  
(1)   the date the respondent is served with the appellant’s notice where
  
(a)   permission to appeal was given by the lower court or
(b)   permission to appeal is not required,
(2)   the date the respondent is served with notification that the appeal court has given the appellant permission to appeal, or
(3)   the date the respondent is served with notification that the application for permission to appeal and the appeal itself are to be heard together.
   (Paragraph 7 of the Part 52 practice direction deals with the Respondent’s Notice.)
11.3.4   The notices to be used are as follows;
  
(1)   the Appellant’s Notice - form N161, and
(2)   the Respondent’s Notice - form N162.
   There is a leaflet available from the Listing Office, Room WG7 entitled "I want to appeal", which provides information about High Court appeals.
11.4 Procedure where permission is obtained:
 
11.4.1   Where permission to appeal has been granted by the appeal court, the appellant must serve the appeal bundle on each respondent within 7 days of receiving the order giving permission to appeal.
11.4.2   The Appellant must include in the appeal bundle the Respondent’s Notice and a skeleton argument (if any), any relevant transcripts of evidence, any documents which the parties have agreed are relevant and the order granting permission. If the order granting permission was made at an oral hearing, a transcript or note of the judgment should also be lodged. Where permission was refused in respect of a particular issue, any papers relating solely to that issue should be removed from the bundle. See paragraph 15.4 for more information on preparing the appeal bundle.
11.4.3   The High Court Appeals Office will notify the parties of either the hearing date or of the “listing window” during which the appeal is likely to be heard. Where the appeal is in the Court of Appeal, the Civil Appeals Office Registry will notify the parties of the “hear by” date and will send the appellant an Appeal Questionnaire. Paragraph 15.7 contains more information about listing in the Court of Appeal.
11.4.4   The Appeal Questionnaire must be completed and returned within 14 days of the date of the notification letter. The Appeal Questionnaire must contain the matters set out in paragraphs 6.5 and 6.6 of the Part 52 practice direction.
11.4.5   In the Court of Appeal, all the papers required for the hearing must be filed at least 7 days before the hearing. For an appeal to the High Court, all papers should be lodged not later than [2 days] before the hearing
11.5 Disposing of applications for permission and appeals where the Appellant does not wish to proceed:
 
11.5.1   The following does not apply where any party to the proceedings is a child or patient.
11.5.2   The appellant may request that his/her application or appeal be dismissed. The request must state that the appellant is not a child or patient. If the request includes a statement from the respondent that he/she is not a child or patient and consents to the dismissal order being made without costs, the order will be so made. Otherwise the dismissal order will be made on the basis that the appellant pays the costs of the application or appeal.
11.6 Appeals in cases of contempt of court:
 
11.6.1   Appellant’s Notices which by paragraph 21.4 of the Part 52 Practice Direction (appeals in cases of contempt of court (s.13 of the Administration of Justice Act 1960)) are required to be served on "the court from whose order or decision the appeal is brought". In the case of appeals from the Queen’s Bench Division, the Senior Master of the Queen’s Bench Division should be served but service may be effected by leaving a copy of the Appellant’s Notice with the High Court Appeals Office in Room WG7, Royal Courts of Justice, Strand, London WC2A 2LL.