OpenLegislation

Rule 52.12 Appellant’s noticeF1

(1)

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

(2)

F2Except where rule 62.10A(3) applies, the appellant must file the appellant’s notice at the appeal court within—

(a)

such period as may be directed by the lower court F3at the hearing at which the decision to be appealed was made or any adjournment of that hearing (which may be longer or shorter than the period referred to in sub-paragraph (b)); or

(b)

where the court makes no such direction, and subject to the specific provision about time limits in rules 52.8 to 52.11 and Practice Direction 52D, 21 days after the date of the decision of the lower court which the appellant wishes to appeal.

(3)

Subject to paragraph (4) and unless the appeal court orders otherwise, F4a sealed copy of the appellant’s notice must be served on each respondent—

(a)

as soon as practicable; and

(b)

in any event F5where it is served by the appellant not later than F614 days,

after it is F7sealed.

(4)

Where an appellant seeks permission to appeal against a decision to refuse to grant an interim injunction under section 41 of the Policing and Crime Act 2009, the appellant is not required to serve the appellant’s notice on the respondent.

Annotations

Textual amendments

F1

Pt. 52 substituted (3.10.2016) by The Civil Procedure (Amendment No. 3) Rules 2016 (S.I. 2016/788), rule 2, Sch. (with rule 16)

F2

Words in rule 52.12(2) substituted (1.10.2026) by The Civil Procedure (Amendment No. 2) Rules 2026 (S.I. 2026/817), rules 1(3), 11(3)

F3

Words in rule 52.12(2)(a) inserted (1.10.2021) by The Civil Procedure (Amendment No. 4) Rules 2021 (S.I. 2021/855), rules 1(1), 9(2)

F4

Words in rule 52.12(3) substituted (1.10.2025) by The Civil Procedure (Amendment No. 2) Rules 2025 (S.I. 2025/893), rules 1(2)(b), 9(2)(a)

F5

Words in rule 52.12(3)(b) inserted (1.10.2025) by The Civil Procedure (Amendment No. 2) Rules 2025 (S.I. 2025/893), rules 1(2)(b), 9(2)(b)(i)

F6

Word in rule 52.12(3)(b) substituted (1.10.2025) by The Civil Procedure (Amendment No. 2) Rules 2025 (S.I. 2025/893), rules 1(2)(b), 9(2)(b)(ii)

F7

Word in rule 52.12(3) substituted (1.10.2025) by The Civil Procedure (Amendment No. 2) Rules 2025 (S.I. 2025/893), rules 1(2)(b), 9(2)(c)

Notes on Part 52

Textual amendments

F2

Words in Pt. 52 Table of Contents inserted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 24(1)(a)

F3

Words in Pt. 52 Table of Contents inserted (1.10.2024) by virtue of The Civil Procedure (Amendment No. 3) Rules 2024 (S.I. 2024/839), rules 1(1), 13(1)

F4

Words in Pt. 52 Table of Contents inserted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 24(1)(b)

F5

Words in Pt. 52 Table of Contents inserted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 24(1)(c)

Modifications

C1

Pt. 52 applied (6.4.2017) by The Insolvency (England and Wales) Rules 2016 (S.I. 2016/1024), rules 1, 12.58 (with rule 3(3), Sch. 2)

C2

Pt. 52 applied (5.7.2018) by The Housing Administration (England and Wales) Rules 2018 (S.I. 2018/719), rules 1.1, 4.40 (with rule 1.2)

C3

Pt. 52 applied (31.1.2019) by The Education Administration Rules 2018 (S.I. 2018/1135), rules 1, 4.37 (with rule 1.2)

C4

Pt. 52 applied (1.8.2020) by The Smart Meter Communication Licensee Administration (England and Wales) Rules 2020 (S.I. 2020/629), rules 1, 133(3) (with rule 4(1))

C5

Pt. 52 applied (with modifications) (12.11.2021) by The Payment and Electronic Money Institution Insolvency (England and Wales) Rules 2021 (S.I. 2021/1178), rules 2, 187, 236-239 (with rule 5)

C6

Pt. 52 applied (18.7.2023) by The Relevant Licensee Nuclear Company Administration (England and Wales) Rules 2023 (S.I. 2023/712), rules 1(2)(a), 129(3) (with rule 2)

C7

Pt. 52 applied (19.11.2025) by The Carbon Dioxide Transport and Storage (Licensed Operators) Administration (England and Wales) Rules 2025 (S.I. 2025/1135), rules 1(2)(a), 129(3) (with rule 2(1))