Rule 52.13 Respondent’s noticeF1
A respondent may file and serve a respondent’s notice.
A respondent who—
is seeking permission to appeal from the appeal court; or
wishes to ask the appeal court to uphold the decision of the lower court for reasons different from or additional to those given by the lower court,
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—
such period as may be directed by the lower court F2at the hearing at which the decision to be appealed was made or any adjournment of that hearing; or
where the court makes no such direction, 14 days after the date in paragraph (5).
The date referred to in paragraph (4) is—
the date the respondent is served with the appellant’s notice where—
permission to appeal was given by the lower court; or
permission to appeal is not required;
the date the respondent is served with notification that the appeal court has given the appellant permission to appeal; or
the date the respondent is served with notification that the application for permission to appeal and the appeal itself are to be heard together.
Unless the appeal court orders otherwise, a respondent’s notice must be served on the appellant and any other respondent—
as soon as practicable; and
in any event not later than 7 days,
after it is filed.
This rule does not apply where rule 52.12(4) applies.
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 52.13(4)(a) inserted (1.10.2021) by The Civil Procedure (Amendment No. 4) Rules 2021 (S.I. 2021/855), rules 1(1), 9(3)
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))