Paragraph 52.3 Permission
An appellant or respondent requires permission to appeal—
where the appeal is from a decision of a judge in a county court or the High Court, except where the appeal is against—
a committal order;
a refusal to grant habeas corpus; or
a secure accommodation order made under section 25 of the Children Act 1989f1; or
as provided by the relevant practice direction.
(Other enactments may provide that permission is required for particular appeals)
An application for permission to appeal may be made—
to the lower court at the hearing at which the decision to be appealed was made; or
to the appeal court in an appeal notice.
(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.
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.
A request under paragraph (4) must be filed within seven days after service of the notice that permission has been refused.
Permission to appeal will only be given where—
the court considers that the appeal would have a real prospect of success; or
there is some other compelling reason why the appeal should be heard.
An order giving permission may—
limit the issues to be heard; and
be made subject to conditions.
(Rule 3.1(3) also provides that the court may make an order subject to conditions)
(Rule 25.15 provides for the court to order security for costs of an appeal)
Annotations
Footnotes
- f1