{
  "url": "https://openlegislation.uk/faculty-jurisdiction-appeals-rules-1998/article-6",
  "json_url": "https://openlegislation.uk/faculty-jurisdiction-appeals-rules-1998/article-6.json",
  "legislation": "uksi/1998/1713",
  "legislation_title": "The Faculty Jurisdiction (Appeals) Rules 1998",
  "legislation_url": "https://openlegislation.uk/faculty-jurisdiction-appeals-rules-1998",
  "path": "article/6",
  "kind": "article",
  "number": "6",
  "heading": "Application to Dean for leave to appeal",
  "text": "(1) Where—\n(a) a party to any faculty proceedings before a consistory court desires to appeal against a judgment of that court;\n(b) the appeal lies under the Measure to the Arches Court of Canterbury or the Chancery Court of York; and\n(c) the chancellor refuses leave to appeal;\nthat party may apply to the Dean for leave to appeal.\n(2) An application under paragraph (1) of this rule shall be made by notice in writing in Form No. 3 in the Appendix to these rules which shall be lodged with the registrar of the appellate court, and notice of which shall be served by the applicant on the other parties, not later than 14 days after the notice of the chancellor’s refusal to grant leave to appeal is served on the applicant under paragraph (8) of rule 5.\n(3) The applicant shall lodge with the registrar of the appellate court 3 copies of—\n(a) the chancellor’s judgment or a note thereof approved by the chancellor in the case;\n(b) the application and documents referred to in rule 5(2);\n(c) a short and concise statement in writing in numbered paragraphs of the reasons relied upon by the applicant in support of the application to the Dean for leave to appeal;\n(d) the certificate given by the chancellor under rule 5(7)(a).\n(4) The Dean may determine the application with or without a hearing and may make such order in relation to costs on the application, including the court costs, as he deems fit.\n(5) Before determining the application without a hearing the Dean shall give the parties not less than 14 days within which to make representations in writing to him in relation to the application.\n(6) If the Dean directs that there shall be a hearing of the application it shall take place at a time and place fixed by the registrar of the appellate court who shall give not less than 7 days' notice to the parties as to the time and place of the hearing.\n(7) The parties may attend a hearing themselves or by their representatives (whether or not legally qualified) to make their submissions to the Dean in support of or in opposition to the application for leave to appeal to the Arches Court of Canterbury or the Chancery Court of York.\n(8) Where an application is made under paragraph (1) of this rule any party other than the applicant may request the Dean to exercise the power to grant security for costs under rule 8, and any such request shall be by notice in writing which shall be lodged with the registrar of the appellate court, and copies of which shall be served on the other parties, not later than 10 days after a copy of the notice of the application under paragraph (1) of this rule is served on the party making the request.\n(9) Leave to appeal may be granted by the Dean on such terms, including the provision of security for the costs of any other party and the payment or reimbursement of court costs, fees and expenses already incurred in relation to the proceedings in the consistory court and the application for leave to appeal or to be incurred on the appeal as he deems just.\n(10) As soon as the Dean has determined any application under paragraph (1) of this rule the registrar of the appellate court shall serve notice of the Dean’s decision on each of the parties.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1998/1713/article/6",
    "retrieved_at": "2026-10-29T11:25:20.008079+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}