# The Court of Protection Rules 2017, Rule 20.6: Permission to appeal – other cases


(1) Subject to rules 20.5 and 20.7, an appeal against a decision of the court may not be made without permission.
(2) An application for permission to appeal may be made to—
(a) the first instance judge; or
(b) another judge who satisfies the relevant condition in paragraph (4) or (5).
(3) Where an application for permission is refused by the first instance judge, a further application for permission may be made to a judge who satisfies the relevant condition in paragraph (4) or (5).
(4) Where the decision sought to be appealed is a decision of a Tier 1 Judge, permission may also be granted or refused by—
(a) a Tier 2 Judge; or
(b) a Tier 3 Judge.
(5) Where the decision sought to be appealed is a decision of a Tier 2 Judge, permission may also be granted or refused by a Tier 3 Judge.
(6) Subject to paragraph (7) and except where another rule or a practice direction provides otherwise, where a judge who satisfies the relevant condition in paragraph (4) or (5), without a hearing, refuses permission to appeal against the decision of the first instance judge, the person seeking permission may request the decision to be reconsidered at a hearing.
(7) Where a Tier 3 Judge or the Senior Judge refuses permission to appeal without a hearing and considers that the application is totally without merit, that judge may order that the person seeking permission may not request the decision to be reconsidered at a hearing.
(8) Subject to paragraph (6), no appeal shall lie against—
(a) the granting or refusal of permission under this rule; or
(b) an order allowing an extension of time for appealing from an order.

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Source: https://www.legislation.gov.uk/uksi/2017/1035/part/20/rule/20.6 (the official version)
Page: https://openlegislation.uk/court-of-protection-rules-2017/part-20/rule-20.6
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

