Rule 23.3 Permission to appeal – renewed application to the DeanI1

England

(1)

Where the chancellor has issued a determination under rule 23.2 which states that permission to appeal to the provincial court is refused, the party who made the application under rule 23.1 may apply to the Dean for permission to appeal.

(2)

An application under paragraph (1) must be—

(a)

made not later than 14 days after the date on which the party received the chancellor’s determination under rule 23.2;

(b)

in Form 24; and

(c)

accompanied by—

(i)

the judgment, order or decree of the consistory court against which it is proposed to appeal;

(ii)

the application and proposed grounds of appeal that were filed under rule 23.1(3);

(iii)

the chancellor’s determination in Form 23 under rule 23.2; and

(iv)

a concise statement of the reasons relied on in support of the application to the Dean.

(3)

The application is made by filing 2 copies of the application and the other documents required by paragraph (2) with the registrar of the provincial court.

(4)

Within 7 days of filing the application the appellant must serve a copy of the application and the other documents required by paragraph (2) on—

(a)

every other party; and

(b)

the diocesan registrar.

Annotations

Commencement

I1: Rule 23.3 in force at 1.1.2016, see rule 28.1(2)