The rules in this Part apply to appeals to ---

This Part does not apply to an appeal in detailed assessment proceedings against a decision of an authorised court officer.

(Rules 47.20 to 47.23 deal with appeals against a decision of an authorised court officer in detailed assessment proceedings)

In this Part ---

This Part is subject to any rule, enactment or practice direction which sets out special provisions with regard to any particular category of appeal.

All parties to an appeal must comply with the relevant practice direction.

An appellant or respondent requires permission to appeal ---

(Other enactments may provide that permission is required for particular appeals)

An application for permission to appeal may be made ---

(Rule 52.4 sets out the time limits for filing an appellant's notice at the appeal court. Rule 52.5 sets out the time limits for filing a respondent's notice at the appeal court. Any application for permission to appeal to the appeal court must be made in the appeal notice (see rules 52.4(1) and 52.5(3))

(Rule 52.13(1) provides that permission is required from the Court of Appeal for all appeals to that court from a decision of a county court or the High Court which was itself made on appeal)

Where the lower court refuses an application for permission to appeal, a further application for permission to appeal may be made to the appeal court.

Subject to paragraph (4A), where the appeal court, without a hearing, refuses permission to appeal, the person seeking permission may request the decision to be reconsidered at a hearing.

Where the Court of Appeal refuses permission to appeal without a hearing, it may, if it considers that the application is totally without merit, make an order that the person seeking permission may not request the decision to be reconsidered at a hearing. The court may not make such an order in family proceedings.

('Family proceedings' is defined by section 32 of the Matrimonial and Family Proceedings Act 1984)

Rule 3.3(5) will not apply to an order that the person seeking permission may not request the decision to be reconsidered at a hearing made under paragraph (4A).

A request under paragraph (4) must be filed within 7 days after service of the notice that permission has been refused.

Permission to appeal may be given only where ---

An order giving permission may ---

(Rule 3.1(3) also provides that the court may make an order subject to conditions)

Where the appellant seeks permission from the appeal court it must be requested in the appellant's notice.

The appellant must file the appellant's notice at the appeal court within ---

Unless the appeal court orders otherwise, an appellant's notice must be served on each respondent ---

after it is filed.

A respondent may file and serve a respondent's notice.

A respondent who ---

must file a respondent's notice.

Where the respondent seeks permission from the appeal court it must be requested in the respondent's notice.

A respondent's notice must be filed within ---

The date referred to in paragraph (4) is ---

Unless the appeal court orders otherwise a respondent's notice must be served on the appellant and any other respondent ---

after it is filed.

An application to vary the time limit for filing an appeal notice must be made to the appeal court.

The parties may not agree to extend any date or time limit set by ---

Unless ---

an appeal shall not operate as a stay of any order or decision of the lower court.

An appeal notice may not be amended without the permission of the appeal court.

The appeal court may ---

The court will only exercise its powers under paragraph (1) where there is a compelling reason for doing so.

Where a party was present at the hearing at which permission was given he may not subsequently apply for an order that the court exercise its powers under sub-paragraphs (1)(b) or (1)(c).

In relation to an appeal the appeal court has all the powers of the lower court.

(Rule 52.1(4) provides that this Part is subject to any enactment that sets out special provisions with regard to any particular category of appeal --- where such an enactment gives a statutory power to a tribunal, person or other body it may be the case that the appeal court may not exercise that power on an appeal)

The appeal court has power to ---

In an appeal from a claim tried with a jury the Court of Appeal may, instead of ordering a new trial ---

The appeal court may exercise its powers in relation to the whole or part of an order of the lower court.

If the appeal court ---

and it considers that the application, the appellant's notice or the appeal is totally without merit, the provisions of paragraph (6) must be complied with.

Where paragraph (5) applies ---

Every appeal will be limited to a review of the decision of the lower court unless ---

Unless it orders otherwise, the appeal court will not receive ---

The appeal court will allow an appeal where the decision of the lower court was ---

The appeal court may draw any inference of fact which it considers justified on the evidence.

At the hearing of the appeal a party may not rely on a matter not contained in his appeal notice unless the appeal court gives permission.

The fact that a Part 36 offer or payment into court has been made must not be disclosed to any judge of the appeal court who is to hear or determine ---

until all questions (other than costs) have been determined.

Paragraph (1) does not apply if the Part 36 offer or payment into court is relevant to the substance of the appeal.

Paragraph (1) does not prevent disclosure in any application in the appeal proceedings if disclosure of the fact that a Part 36 offer or payment into court has been made is properly relevant to the matter to be decided.

(Rule 36.3 has the effect that a Part 36 offer made in proceedings at first instance will not have consequences in any appeal proceedings. Therefore, a fresh Part 36 offer needs to be made in appeal proceedings. However, rule 52.12 applies to a Part 36 offer whether made in the original proceedings or in the appeal.)

In a statutory appeal, any person may apply for permission ---

An application under paragraph (1) must be made promptly.

Permission is required from the Court of Appeal for any appeal to that court from a decision of a county court or the High Court which was itself made on appeal.

The Court of Appeal will not give permission unless it considers that --

Where the court from or to which an appeal is made or from which permission to appeal is sought ('the relevant court') considers that ---

the relevant court may order the appeal to be transferred to the Court of Appeal.

(The Master of the Rolls has the power to direct that an appeal which would be heard by a county court or the High Court should be heard instead by the Court of Appeal --- see section 57 of the Access to Justice Act 1999)(²)

The Master of the Rolls or the Court of Appeal may remit an appeal to the court in which the original appeal was or would have been brought.

Where permission to apply for judicial review has been refused at a hearing in the High Court, the person seeking that permission may apply to the Court of Appeal for permission to appeal.

An application in accordance with paragraph (1) must be made within 7 days of the decision of the High Court to refuse to give permission to apply for judicial review.

On an application under paragraph (1), the Court of Appeal may, instead of giving permission to appeal, give permission to apply for judicial review.

Where the Court of Appeal gives permission to apply for judicial review in accordance with paragraph (3), the case will proceed in the High Court unless the Court of Appeal orders otherwise.

A court officer assigned to the Civil Appeals Office who is ---

may exercise the jurisdiction of the Court of Appeal with regard to the matters set out in paragraph (2) with the consent of the Master of the Rolls.

The matters referred to in paragraph (1) are ---

A court officer may not decide an application for ---

Decisions of a court officer may be made without a hearing.

A party may request any decision of a court officer to be reviewed by the Court of Appeal.

At the request of a party, a hearing will be held to reconsider a decision of ---

made without a hearing.

A request under paragraph (5) or (6) must be filed within 7 days after the party is served with notice of the decision.

A single judge may refer any matter for a decision by a court consisting of two or more judges.

(Section 54(6) of the Supreme Court Act 1981^Acts(³) provides that there is no appeal from the decision of a single judge on an application for permission to appeal)

(Section 58(2) of the Supreme Court Act 1981^Acts(⁴) provides that there is no appeal to the House of Lords from decisions of the Court of Appeal that ---

and which may be called into question by rules of court. Rules 52.16(5) and (6) provide the procedure for the calling into question of such decisions)

The Court of Appeal or the High Court will not reopen a final determination of any appeal unless ---

In paragraphs (1), (3), (4) and (6), “ appeal” includes an application for permission to appeal.

This rule does not apply to appeals to a county court.

Permission is needed to make an application under this rule to reopen a final determination of an appeal even in cases where under rule 52.3(1) permission was not needed for the original appeal.

There is no right to an oral hearing of an application for permission unless, exceptionally, the judge so directs.

The judge will not grant permission without directing the application to be served on the other party to the original appeal and giving him an opportunity to make representations.

There is no right of appeal or review from the decision of the judge on the application for permission, which is final.

The procedure for making an application for permission is set out in the practice direction.

An appeal lies to the High Court against a decision of the Secretary of State under paragraph 16 of Schedule 15 to the Law of Property Act 1922^Acts(⁶).

A person who was a party to proceedings before a tribunal referred to in section 11(1) of the Tribunals and Inquiries Act 1992(⁷) and is dissatisfied in point of law with the decision of the tribunal may appeal to the High Court.

The tribunal may, of its own initiative or at the request of a party to the proceedings before it, state, in the form of a special case for the decision of the High Court, a question of law arising in the course of the proceedings.

Where the Secretary of State has given a decision in proceedings on an appeal under Part VII of the Town and Country Planning Act 1990(⁸) against an enforcement notice ---

may appeal to the High Court against the decision on a point of law.

Where the Secretary of State has given a decision in proceedings on an appeal under Part VIII of that Act against a notice under section 207 of that Act ---