1.1

This Practice Direction applies to –

2.1

Appeals within the County Court, appeals from the County Court and appeals within the High Court to a judge of the High Court must be brought in the appropriate appeal centre and all other notices (including any respondent's notice) and applications must be filed at that appeal centre. The venue for an appeal within the County Court will be determined by the Designated Civil Judge and may be different from the appeal centre.

2.2

The tables at the end of this Practice Direction set out the Appeal Centres for appeals within the County Court in Table A and for appeals from the County Court or within the High Court in Table B.

2.3

Appeals to the High Court may be transferred between appeal centres by a direction given by the President of the King's Bench Division or the Chancellor of the High Court or their respective nominee. A party seeking to transfer the appeal to an Appeal Centre other than the one in which it was filed may seek to do so by letter addressed to the President of the King's Bench Division or the Chancellor of the High Court as appropriate.

3.1

Omitted

3.2

Where the time for filing an appellant's notice has expired, the appellant must include an application for an extension of time within the appellant's notice (form N161 or, in respect of a small claim, form N164) stating the reason for the delay and the steps taken prior to making the application.

3.3

The court may make an order granting or refusing an extension of time and may do so with or without a hearing. If an order is made without a hearing, any party seeking to set aside or vary the order may apply, within 14 days of service of the order, for a hearing.

4.1

An appellant’s notice (Form N161 or, in respect of a small claim, Form N164) must be filed and served in all cases. The appellant’s notice must be accompanied by the appropriate fee or, if appropriate, a fee remission application or certificate.

4.2

Documents to be filed with the appellant’s notice: An appellant’s notice (Form N161 or, in respect of a small claim, Form N164) must be filed and served in all cases. The appellant’s notice must be accompanied by the appropriate fee or, if appropriate, a fee remission application or certificate.

4.3

Applications in the appeal: Any application to be made in the appeal (for example, for a stay of the order of the lower court, or for an extension of time) should be included within the appellant’s notice. Any application for a transcript at public expense should be made within the appellant’s notice.

5.1

The appeal court may make orders for the case management of an appeal.

5.2

When making a case management order, the court may dispense with any requirements of or directions made in this Practice Direction.

6.1

Service of appellant’s notice on the respondent: The appellant must file a certificate of service of the appellant’s notice with the court as soon as practicable after service.

6.2

Transcript of the judgment of the lower court or other record of reasons: Except where the claim has been allocated to the small claims track, the appellant must obtain a transcript or other record of reasons of the lower court as follows –

6.3

Appeal bundle: As soon as practicable, but in any event within 35 days of the filing of the appellant’s notice, the appellant must file an appeal bundle which must contain only those documents relevant to the appeal. The appeal bundle must be paginated and indexed.

6.4

Documents relevant to the appeal:

6.5

Service of the appeal bundle: A copy of the appeal bundle must be served on each respondent –

6.6

Late documents: Any relevant document which is obtained or created after the appeal bundle has been filed (for example a respondent’s notice or a skeleton argument) should be added to the appeal bundle as soon as practicable and, in any event, no less than 7 days before the hearing of the appeal or any application.

7.1

Applications made in the appeal, including applications for permission to appeal under rule 52.3(2)(a) or rule 52.13(3), may be determined with or without a hearing.

7.2

Where the court refuses an application for permission to appeal without a hearing, the appellant (or, where appropriate, the respondent) may request the application to be reconsidered at a hearing.

7.3

Where the court determines any other application without hearing the respondent (including an application for permission to bring the appeal out of time) any party affected by the determination may apply to have the order set aside or varied.

7.4

Any request or application made under this section must be made within 7 days of service of notification of the determination upon the person making the application. Where any such request or application is made –

8.1

Attendance at permission hearings: Where a respondent to an appeal or cross-appeal attends the hearing of an application for permission to appeal, costs will not be awarded to the respondent unless–

8.2

Respondent’s documents: A respondent who has been served with an appeal bundle and who considers that relevant documents have been omitted may file and serve on all parties a respondent’s supplemental appeal bundle containing copies of other relevant documents. The supplemental appeal bundle must be filed and served as soon as practicable after service of the appeal bundle, but in any event not less than 7 days before the hearing.

8.3

Skeleton arguments: Subject to any order of the court, the parties to the appeal should file and serve skeleton arguments only where –

Table A – Table of appeal centres for each circuit

Table B – Appeals from the County Court or within the High Court: Appeal centres for each circuit