Rule 36.13 Abandoning an appealI1

England and Wales

(1)

This rule applies where an appellant wants to—

(a)

abandon—

(i)

an application to the court for permission to appeal, or

(ii)

an appeal; or

(b)

reinstate such an application or appeal after abandoning it.

(2)

The appellant—

(a)

may abandon such an application or appeal without the court’s permission by serving a notice of abandonment on—

(i)

the Registrar, and

(ii)

any respondent

before any hearing of the application or appeal; but

(b)

at any such hearing, may only abandon that application or appeal with the court’s permission.

(3)

A notice of abandonment must be in the form issued under the Practice Direction, signed by or on behalf of the appellant.

(4)

On receiving a notice of abandonment the Registrar must—

(a)

date it;

(b)

serve a dated copy on—

(i)

the appellant,

(ii)

the appellant’s custodian, if any,

(iii)

the Crown Court officer, and

(iv)

any other person on whom the appellant or the Registrar served the appeal notice; and

(c)

treat the application or appeal as if it had been refused or dismissed by the Court of Appeal.

(5)

An appellant who wants to reinstate an application or appeal after abandoning it must—

(a)

apply in writing, with reasons; and

(b)

serve the application on the Registrar.

[Note. The Court of Appeal has power only in exceptional circumstances to allow an appellant to reinstate an application or appeal that has been abandoned.]

Annotations

Commencement

I1: Rule 36.13 in force at 6.10.2025, see Preamble