Rule 90 Application for permission to appeal etc.

(1)

An application under section 53 of the CCM for permission to appeal or apply for a review may—

(a)

in the case of an application under section 53(1)(a), be made orally to the tribunal or court in question upon the pronouncement of its decision, or

(b)

in the case of an application under section 53(1)(b), be made in writing to the Dean of the Arches and Auditor before the end of 21 days beginning with the day after the applicant receives the written decision of the court or tribunal.

(2)

An application under section 53 of the CCM must be in the form set out in Form A1 and must—

(a)

state the applicant’s full name, postal address, telephone number and email address,

(b)

if the applicant has a legal representative, state the legal representative’s name, postal address, telephone number and email address,

(c)

specify the tribunal or court which heard the complaint and the date or dates of the pronouncement of the decision to which the appeal or review relates, and

(d)

state whether the application is for permission—

(i)

for the respondent to the complaint to appeal against the imposition of a penalty,

(ii)

for the respondent to the complaint to appeal on a question of law or fact,

(iii)

for the Investigation and Tribunals Team to appeal on a question of law, or

(iv)

for the Investigation and Tribunals Team to apply for a review of a penalty under section 52 (4) of the CCM.

(3)

An application under section 53 of the CCM by the Investigation and Tribunals Team must (in addition to complying with paragraph (2)), state the name, postal address, telephone number and email address of the respondent’s legal representative, in so far as the Team has that information.

(4)

An application under section 53 (1) (b) of the CCM must be accompanied by—

(a)

a copy of the written decision to which the appeal or review would relate, and

(b)

a completed draft notice of appeal in the form set out in Form A2 setting out the grounds of appeal or review.

(5)

An applicant under section 53 (1) (b) of the CCM must give the application to the registrar of tribunals and must—

(a)

where the applicant is the respondent to the complaint, give a copy of the application to the Investigation and Tribunals Team, or

(b)

where the applicant is the Investigation and Tribunals Team, give a copy of the application to the respondent.