Rule 52.24 Who may exercise the powers of the Court of AppealF1

England and Wales

(1)

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

(a)

a barrister; F2...

(b)

a solicitor F3; or

(F4c)

a Fellow of the Chartered Institute of Legal Executives F5or a CILEX lawyer,

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.

(2)

The matters referred to in paragraph (1) are—

(a)

any matter incidental to proceedings in the Court of Appeal;

(b)

any other matter where there is no substantial dispute between the parties; and

(c)

the dismissal of an appeal or application where a party has failed to comply with any order, rule or practice direction.

(3)

A court officer may not decide an application for—

(a)

permission to appeal;

(b)

bail pending an appeal;

(c)

an injunction^(GL);

(d)

a stay^(GL) of execution of any order or decision of the lower court other than a temporary stay over a period when the Court of Appeal is not sitting or cannot conveniently be convened;

(e)

a stay of proceedings in the lower court.

(4)

Decisions of a court officer will be made without an oral hearing, unless a court officer directs otherwise.

(5)

A party may request any decision of a court officer to be reviewed by a single judge, and—

(a)

the review will be determined on paper without an oral hearing; except that

(b)

the judge determining the review on paper may direct that the review be determined at an oral hearing, and must so direct if the judge is of the opinion that the review cannot be fairly determined on paper without an oral hearing.

(6)

A party may request a decision of a single judge made without a hearing (other than a decision made on a review under paragraph (5) and a decision determining an application for permission to appeal) to be reconsidered, and—

(a)

the reconsideration will be determined by the same or another judge on paper without an oral hearing; except that

(b)

the judge determining the reconsideration on paper may direct that the reconsideration be determined at an oral hearing, and must so direct if the judge is of the opinion that the reconsideration cannot be fairly determined on paper without an oral hearing.

(7)

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

(8)

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

(Section 54(4) of the Access to Justice Act 1999 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 Senior Courts Act 1981 provides that there is no appeal to the Supreme Court from decisions of the Court of Appeal that—

(a)

are taken by a single judge or any officer or member of staff of that court in proceedings incidental to any cause or matter pending before the civil division of that court; and

(b)

do not involve the determination of an appeal or of an application for permission to appeal,

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

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: Word in rule 52.24(1)(a) omitted (6.4.2020) by virtue of The Civil Procedure (Amendment) Rules 2020 (S.I. 2020/82), rules 1(1), 5(2)(a)
F3: Word in rule 52.24(1)(b) inserted (6.4.2020) by The Civil Procedure (Amendment) Rules 2020 (S.I. 2020/82), rules 1(1), 5(2)(b)
F4: Rule 52.24(1)(c) inserted (6.4.2020) by The Civil Procedure (Amendment) Rules 2020 (S.I. 2020/82), rules 1(1), 5(2)(c)
F5: Words in rule 52.24(1)(c) inserted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 26

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))