Rule 50.22 Renewing an application for permission to appeal, restoring excluded grounds, etc.I1

England and Wales

(1)

This rule—

(a)

applies where the High Court—

(i)

refuses permission to appeal to the High Court, or

(ii)

gives permission to appeal to the High Court but not on every ground identified by the appeal notice; but

(b)

does not apply where—

(i)

a defendant applies out of time for permission to appeal to the High Court, and

(ii)

the court for that reason refuses to consider that application.

(2)

Unless the court refuses permission to appeal at a hearing, the appellant may renew the application for permission by serving notice on—

(a)

the High Court officer;

(b)

the respondent; and

(c)

any other person on whom the appellant served the appeal notice,

not more than 5 business days after service of notice of the court’s decision on the appellant.

(3)

If the court refuses permission to appeal, the renewal notice must explain the grounds for the renewal.

(4)

If the court gives permission to appeal but not on every ground identified by the appeal notice the decision indicates that—

(a)

at the hearing of the appeal the court will not consider representations that address any ground thus excluded from argument; and

(b)

an appellant who wants to rely on such an excluded ground needs the court’s permission to do so.

(5)

An appellant who wants to rely at the hearing of an appeal on a ground of appeal excluded from argument must—

(a)

apply in writing, with reasons, and identify each such ground;

(b)

serve the application on—

(i)

the High Court officer, and

(ii)

the respondent; and

(c)

serve the application not more than 5 business days after—

(i)

the giving of permission to appeal, or

(ii)

the High Court officer serves notice of that decision on the applicant, if the applicant was not present in person or by live link when permission to appeal was given.

(6)

Paragraph (7) applies where a party wants to abandon—

(a)

a ground of appeal on which that party has permission to appeal; or

(b)

a ground of opposition identified in a respondent’s notice.

(7)

Such a party must serve notice on—

(a)

the High Court officer; and

(b)

each other party,

before any hearing at which that ground will be considered by the court.

[Note. Under rule 50.17 (Exercise of the High Court’s powers), the High Court may extend or shorten the time limits under this rule.

Rule 50.19 (Service of appeal notice) and the note to that rule set out the time limits for appeal.]

Annotations

Commencement

I1: Rule 50.22 in force at 6.10.2025, see Preamble

Notes on

Footnotes

f1: 2003 c. 41; sections 26 and 28 were amended by section 160 of the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12).
f2: 2003 c. 41; section 108 was amended by paragraphs 10 and 12 of Schedule 20 to the Crime and Courts Act 2013 (c. 22). Section 108 was further amended, and sections 103, 105 and 110 were amended, by section 160 of the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12).