Rule 76.16 Modification of Part 52 (appeals)F1

England and Wales

(1)

Part 52 (appeals) applies to an appeal to the Court of Appeal against an order of the High Court in control order proceedings, subject to—

(a)

rule 76.2;

(b)

the rules in section 5 of this Part; and

(c)

paragraphs (2) and (3) of this rule.

(2)

The following rules do not apply to appeals to the Court of Appeal—

(a)

rule F252.12 (appellant’s notice); and

(b)

rule F352.13 (respondent’s notice); but

the provisions of rules 76.13 and 76.15 shall apply with appropriate modifications.

(3)

Rule 52.2 (all parties to comply with F4Practice Directions 52A to 52E) apply, but the parties shall not be required to comply with F5paragraphs 6.3 to 6.6 of Practice Direction 52B and paragraph 28 of Practice Direction 52C.

Annotations

Textual amendments

F1: Pt. 76 inserted (14.3.2005) by The Civil Procedure (Amendment No. 2) Rules 2005 (S.I. 2005/656), rule 1, Sch.
F2: Word in rule 76.16(2)(a) substituted (3.10.2016) by virtue of The Civil Procedure (Amendment No. 3) Rules 2016 (S.I. 2016/788), rules 2, 13(2)(a)
F3: Word in rule 76.16(2)(b) substituted (3.10.2016) by virtue of The Civil Procedure (Amendment No. 3) Rules 2016 (S.I. 2016/788), rules 2, 13(2)(b)
F4: Words in rule 76.16(3) substituted (1.10.2012) by The Civil Procedure (Amendment No.2) Rules 2012 (S.I. 2012/2208), rules 1, 13(b)(i)
F5: Words in rule 76.16(3) substituted (1.10.2012) by The Civil Procedure (Amendment No.2) Rules 2012 (S.I. 2012/2208), rules 1, 13(b)(ii)