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Rule 52.6 Permission to appeal test – first appealsF1

(1)

Except where F2rule 52.3B, rule 52.7 F3or rule 52.7A applies, permission to appeal may be given only where—

(a)

the court considers that the appeal would have a real prospect of success; or

(b)

there is some other compelling reason for the appeal to be heard.

(2)

An order giving permission under this rule or under rule 52.7 may—

(a)

limit the issues to be heard; and

(b)

be made subject to conditions.

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

(Rule F425.29 provides for the court to order security for costs of an appeal.)

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 52.6 inserted (1.10.2024) by The Civil Procedure (Amendment No. 3) Rules 2024 (S.I. 2024/839), rules 1(1), 13(4)

F3

Words in rule 52.6(1) 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(5)

F4

Word in rule 52.6 substituted (6.4.2025) by The Civil Procedure (Amendment) Rules 2025 (S.I. 2025/106), rules 1(1), 12

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))