In this Practice Direction, the court to which an appeal lies is prescribed by statute.

This Section contains general provisions about statutory appeals (paragraphs 3.2 – 3.8). For where this Practice Direction or a statute makes additional special provision see also Section 4.

Where any of the provisions in this Section provide for documents to be filed at the appeal court, those documents are in addition to any documents required under Part 52 or Practice Direction 52B or 52C.

Subject to rule 52.9—

Where the appellant wishes to appeal against a decision of the Upper Tribunal, the appellant’s notice must be filed within 28 days of the date on which notice of the Upper Tribunal’s decision on permission to appeal to the Court of Appeal is sent to the appellant.

Where a statement of reasons for a decision is given later than the notice of that decision, the period for filing the appellant’s notice is calculated from the date on which the statement is sent to the appellant.

(1) The appellant must serve the appellant’s notice on the respondent and on the chairman of the tribunal, Minister of State, government department or other person from whose decision the appeal is brought.

(2) In the case of an appeal from the decision of a tribunal that has no chairman or member who acts as a chairman, the appellant’s notice must be served on the member (or members if more than one) of the tribunal.

Where any statute prescribes a period within which an appeal must be filed then, unless the statute otherwise provides, the appeal court may not extend that period.

Where all the parties consent, the court may deal with an application under rule 52.12A without a hearing.

An application for permission must be made by letter to the relevant court office, identifying the appeal, explaining who the applicant is and indicating why and in what form the applicant wants to participate in the hearing.

If the applicant is seeking a prospective order as to costs, the letter must say what kind of order and on what grounds.

This Section sets out special provisions about the appeals listed in the Table below. This Section is not exhaustive and does not create, amend or remove any right of appeal.

Part 52 applies to all appeals to which this Section applies subject to any special provisions set out in this Section.

Where any of the provisions in this Section provide for documents to be filed at the appeal court, these documents are in addition to any documents required under Part 52 or Practice Direction 52B or 52C.

Any appeal to the High Court, and any case stated or question referred for the opinion of that court under any of the following enactments shall be heard in the Chancery Division –

(1) section 38(3) of the Clergy Pensions Measure 1961;

(1) The appellant must file the appellant’s notice at the Court of Appeal within 28 days after the date on which the decree was pronounced or conditional order made.

(2) The appellant must file the following documents with the appellant’s notice –

(3) The appellant’s notice must be served on the appropriate District Judge (see sub-paragraph (6)) in addition to the persons to be served under rule "52.12(3)" and in accordance with that rule.

(4) The lower court may not alter the time limits for filing of the appeal notices.

(5) Where an appellant intends to apply to the Court of Appeal for an extension of time for serving or filing the appellant’s notice the appellant must give notice of that intention to the appropriate District Judge (see sub-paragraph 6) before the application is made.

(6) In this paragraph ‘the appropriate District Judge’ means, where the lower court is –

(1) This paragraph applies to any appeal to the Court of Appeal relating to the application Chapter I or Chapter II of Part I of the Competition Act 1998.

(2) In this paragraph –

(3) Any party whose appeal notice raises an issue relating to the application of Chapter I or II of Part I of the Act, must –

(5) A competition authority may make written observations to the Court of Appeal, or apply for permission to make oral observations, on issues relating to the application of Chapter I or II.

(6) If a competition authority intends to make written observations to the Court of Appeal, it must give notice of its intention to do so by letter to the Civil Appeals Office at the earliest opportunity.

(7) An application by a competition authority for permission to make oral representations at the hearing of an appeal must be made by letter to the Civil Appeals Office at the earliest opportunity, identifying the appeal and indicating why the applicant wishes to make oral representations.

(8) If a competition authority files a notice under sub-paragraph (6) or an application under sub-paragraph (7), it must at the same time serve a copy of the notice or application on every party to the appeal.

(9) Any request by a competition authority for the court to send it any documents relating to an appeal should be made at the same time as filing a notice under sub-paragraph (6) or an application under sub-paragraph (7).

(10) When the Court of Appeal receives a notice under sub-paragraph (6) it may give case management directions to the competition authority, including directions about the date by which any written observations are to be filed.

(11) The Court of Appeal will serve on every party to the appeal a copy of any directions given or order made–

(1) Where the appellant applies for permission to appeal at the hearing at which the decision is delivered by the tribunal and –

(2) Where the appellant applies in writing to the Registrar of the tribunal for permission to appeal and–

(3) Where the appellant does not make an application to the tribunal for permission to appeal, but wishes to make an application to the Court of Appeal for permission, the appellant's notice must be filed at the Court of Appeal within 14 days after the end of the period within which the appellant may make a written application to the Registrar of the tribunal.

In an appeal under section 13 of the Administration of Justice Act 1960 (appeals in cases of contempt of court), the appellant must serve the appellant’s notice on the court or the Upper Tribunal from whose order or decision the appeal is brought in addition to the persons to be served under rule "52.12(3)" and in accordance with that rule.

(1) In this paragraph –

(2) Where P is not a party to the proceedings, unless the Court of Appeal directs otherwise, the person effecting notification must notify P –

(3) The person effecting notification must provide P with the information specified in sub-paragraph (2)–

(4) The person effecting notification must provide P in person with the information specified in sub-paragraph (2) in a way that is appropriate to P’s circumstances (for example, using simple language, visual aids or any other appropriate means).

(5) Where P is to be notified as to –

(6) The person effecting notification must, within 7 days of notifying P, file a certificate of notification (form N165) which certifies –

(7) Where the person effecting notification has not notified P in accordance with this paragraph, a certificate of non-notification (form N165) must be filed with the Court of Appeal stating the reason why notification has not been effected.

(8) Where the person effecting notification must file a certificate of non-notification with the Court of Appeal, the certificate must be filed within the following time limits–

(9) The appellant or such other person as the Court of Appeal may direct may apply to the Court of Appeal seeking an order –

(10) An application made under sub-paragraph (9) may be made in the appellant's notice or by Part 23 application notice.

(Paragraphs 6.1 to 6.3 of Practice Direction 52A contain provisions about the dismissal of applications or appeals by consent. Paragraph 6.5 of Practice Direction 52A contains provisions about allowing unopposed appeals or applications involving a child or protected party.)

(1) This paragraph applies to an appeal to the Court of Appeal from the Employment Appeal Tribunal (EAT) under section 37 of the Employment Tribunals Act 1996.

(2) If an application for permission to appeal to the Court of Appeal is refused by the EAT or is not made, then such an application must be made to the Court of Appeal within 21 days of the date of the sealed order of the EAT.

(3) An application for extension of time for filing an appellant’s notice may be entertained by the EAT but such applications should normally be made to the Court of Appeal.

The provisions of paragraph 28 of Practice Direction 52C (bundle of documents in immigration appeals and asylum appeals) apply to appeals from the Upper Tribunal Immigration and Asylum Chamber.

Where the appeal is from a decision of the Patents Court which was itself made on an appeal from a decision of the Comptroller-General of Patents, Designs and Trade Marks, the appellant must serve the appellant’s notice on the Comptroller in addition to the persons to be served under rule "52.12(3)" and in accordance with that rule.

(1) This paragraph applies where an appeal lies to the Court of Appeal from an order for the revocation of a patent.

(2) The appellant must serve the appellant’s notice on the Comptroller-General of Patents, Designs and Trade Marks (the ‘Comptroller’) in addition to the persons to be served under rule "52.12(3)" and in accordance with that rule.

(3) Where, before the appeal hearing, the respondent decides not to oppose the appeal or not to attend the appeal hearing, the respondent must immediately serve notice of that decision on –

(4) Where the respondent serves a notice in accordance with sub-paragraph (3), copies of the following documents must also be served on the Comptroller with that notice –

(5) Within 14 days after receiving the notice in accordance with sub-paragraph (3), the Comptroller must serve on the appellant a notice stating an intention to attend the appeal hearing or otherwise.

(6) The Comptroller may attend the appeal hearing and oppose the appeal –

The appellant’s notice must be filed at the Court of Appeal within 14 days after the date when the Proscribed Organisations Appeal Commission –

(1) This paragraph applies to an appeal under section 23(1) of the Serious Crime Act 2007 or section 16 of the Senior Courts Act 1981 in relation to a serious crime prevention order and is made.

(2) The appellant must serve the appellant’s notice on any person who made representations in the proceedings by virtue of section 9(1), (2) or (3) of the Serious Crime Act 2007 in addition to the persons to be served under rule "52.12(3) "and in accordance with that rule.

(1) An application for permission to appeal to the Court of Appeal must first be made to the Special Immigration Appeals Commission pursuant section 7(2) of the Special Immigration Appeals Commission Act 1997 and paragraph 27 of the SIAC (Procedure) Rules 2003 (as amended).

(2) The appellant’s notice must be filed at the Court of Appeal within 21 days of the date on which the Special Immigration Appeals Commission’s decision granting or refusing permission to appeal to the Court of Appeal is given.

(1) A question of law referred to the High Court by an Agricultural Land Tribunal under section 6 of the Agriculture (Miscellaneous Provisions) Act 1954 shall be referred by way of case stated by the Tribunal.

(2) Where the proceedings before the tribunal arose on an application under section 11 of the Agricultural Holdings Act 1986, an –

(3) Where, in accordance with sub-paragraph (2), a notice is served on the authority mentioned in that paragraph, that authority may attend the appeal hearing and make representations to the court.

(1) This paragraph applies to an appeal to the High Court under –

(2) Every appeal to which this paragraph applies must be supported by written evidence and, if the court so orders, oral evidence and will be by way of re-hearing.

(3) The appellant must file the appellant’s notice within 28 days after the decision that the appellant wishes to appeal.

(4) In the case of an appeal under an enactment specified in column 1 of the following table, the persons to be made respondents are the persons specified in relation to that enactment in column 2 of the table and the person to be served with the appellant's notice is the Registrar of the relevant Council.

(1) This paragraph applies to all appeals under –

(2) At any stage on an appeal, the court may –

(1) This paragraph applies to appeals to the High Court under section 222(3) of the Inheritance Tax Act 1984 (the ‘1984 Act’) and regulation 8(3) of the Stamp Duty Reserve Tax Regulations 1986 (the ‘1986 Regulations’).

(2) The appellant’s notice must –

(3) The appellant must file the following documents with the appellant’s notice –

(4) The appellant must –

(5) The court will set a date for the hearing of not less than 40 days from the date that the appellant’s notice was filed.

(6) Where the appellant’s notice contains an application for permission to appeal –

(7) The appellant may not rely on any grounds of appeal not specified in the notice referred to in sub-paragraph (2)(b) on the hearing of the appeal without the permission of the court.

(1) A person who is aggrieved by a decision of the adjudicator and who wishes to appeal that decision must obtain permission to appeal.

(2) The appellant must serve on the adjudicator a copy of the appeal court's decision on a request for permission to appeal as soon as reasonably practicable and in any event within 14 days of receipt by the appellant of the decision on permission.

(3) The appellant must serve on the adjudicator and the Chief Land Registrar a copy of any order by the appeal court to stay a decision of the adjudicator pending the outcome of the appeal as soon as reasonably practicable and in any event within 14 days of receipt by the appellant of the appeal court's order to stay.

(4) The appellant must serve on the adjudicator and the Chief Land Registrar a copy of the appeal court's decision on the appeal as soon as reasonably practicable and in any event within 14 days of receipt by the appellant of the appeal court’s decision.

(1) This paragraph applies to appeals under the Merchant Shipping Act 1995 and for this purpose a re-hearing and an application under section 61 of the Merchant Shipping Act 1995 are treated as appeals.

(2) The appellant must file any report to the Secretary of State containing the decision from which the appeal is brought with the appellant’s notice.

(3) Where a re-hearing by the High Court is ordered under sections 64 or 269 of the Merchant Shipping Act 1995, the Secretary of State must give reasonable notice to the parties whom he considers to be affected by the re-hearing.

In an appeal to the Planning Court or an application for permission to appeal to the Planning Court the provisions of Practice Direction 54D must be followed.

(2) The application –

(3) The applicant must, before filing the application, serve a copy of it on the persons referred to in sub-paragraph (12) with the draft appellant’s notice and a copy of the witness statement or affidavit to be filed with the application.

(4) The applicant must file the application in the Administrative Court Office with –

(5) An application will be heard–

(6) Practice direction 54D applies to applications and appeals under this paragraph.

(7) Any person served with the application is entitled to appear and be heard.

(8) Any respondent who intends to use a witness statement or affidavit at the hearing –

(9) The court may allow the applicant to use a further witness statement or affidavit.

(10) Where on the hearing of an application the court is of the opinion that a person who ought to have been served has not been served, the court may adjourn the hearing, on such terms as it directs, in order that the application may be served on that person.

(11) Where the court grants permission –

(12) The persons to be served with the appellant’s notice are –

(13) The appeal will be heard and determined by a single judge unless the court directs that the matter be heard and determined by a Divisional Court.

(14) The court may remit the matter to the Secretary of State to the extent necessary to enable the Secretary of State to provide the court with such further information in connection with the matter as the court may direct.

(15) Where the court is of the opinion that the decision appealed against was erroneous in point of law, it will not set aside or vary that decision but will remit the matter to the Secretary of State for re-hearing and determination in accordance with the opinion of the court.

(16) The court may give directions as to the exercise, until an appeal brought by virtue of section 289(1) of the TCP Act is finally concluded and any re-hearing and determination by the Secretary of State has taken place, of the power to serve, and institute proceedings (including criminal proceedings) concerning –

(1) This paragraph applies to appeals from the Law Society or the Solicitors Disciplinary Tribunal (‘the Tribunal’) to the High Court under the Solicitors Act 1974, Administration of Justice Act 1985, the Courts and Legal Services Act 1990, the European Communities (Lawyer’s Practice) Regulations 2000 or the European Communities (Recognition of Professional Qualifications) Regulations 2015.

(2) The appellant must file the appellant’s notice in the Administrative Court.

(3) Unless the court otherwise orders the appellant must serve the appellant’s notice on –

(1) This paragraph applies to appeals to the High Court under section 24 of the Crime and Courts Act 2013—

(2) The appellant must file the appellant’s notice in the Administrative Court.

(3) Unless the court otherwise orders, the appellant must serve the appellant’s notice on—

(1) This paragraph and paragraphs 27A.2 to 27A.7 apply to certain appeals to the High Court under enactments relating to Wales only (“Welsh statutory appeals”).

(2) For these purposes, Welsh statutory appeals are appeals under the following enactments—

The Administrative Court will not serve documents in a Welsh statutory appeal, and service must be effected by the parties as provided in the following paragraphs.

Appellant’s notice in a Welsh statutory appeal

(1)The appellant must file the appellant’s notice in the Administrative Court Office of the High Court at the District Registry in Cardiff.

(2)If the appellant’s notice is filed at an Administrative Court Office other than in Cardiff the proceedings will be transferred to Cardiff.

(3)The appellant must file the appellant’s notice —

(4)The appellant must file with the appellant’s notice—

(5)The appellant must—

If the respondent intends to contest the appeal the respondent must, within 21 days of service under paragraph 27A.3(5)(a), file —

Where the relevant statutory provision requires the appellant to obtain the permission of the Court to appeal, a permission hearing will be listed no earlier than 7 days after the expiry of the time limit in paragraph 27A.4.

Listing of a Welsh statutory appeal

Unless the Court orders otherwise, the appeal will not be heard earlier than 28 days after the later of—

(1)Sub-paragraphs (2) to (4) apply only where permission to appeal has been granted or where permission is not required.

(2)The appellant must, not less than 21 days before the date of the hearing of the appeal, file—

(3)The respondent and any other party wishing to make representations at the hearing of the appeal must file a skeleton argument not less than 14 days before the date of the hearing of the appeal.

(4)The appellant must file a paginated and indexed bundle of all statutory materials and case law relied upon by the appellant and the respondent not less than 7 days before the hearing of the appeal.

(1) An appellant should include appeals under section 204 and section 204A of the Housing Act 1996 in one appellant’s notice.

(2) If it is not possible to do so (for example because an urgent application under section 204A is required) the appeals may be included in separate appellant’s notices.

(3) An appeal under section 204A may include an application for an order under section 204A(4)(a) requiring the authority to secure that accommodation is available for the applicant’s occupation.

(4) If, exceptionally, the court makes an order under section 204A(4)(a) without notice, the appellant’s notice must be served on the authority together with the order. Such an order will normally require the authority to secure that accommodation is available until a hearing date when the authority can make representations as to whether the order under section 204A(4)(a) should be continued.

(5) Unless the court orders otherwise –

(1) A person appealing to the County Court under section 35A or section 40B of the Immigration and Asylum Act 1999 (‘the Act’) against a decision by the Secretary of State to impose a penalty under section 32 or a charge under section 40 of the Act must, subject to sub-paragraph (2), file the appellant's notice within 28 days after receiving the penalty notice or charge notice.

(2) Where the appellant has given notice of objection to the Secretary of State under section 35(4) or section 40A(3) of the Act within the time prescribed for doing so, the appellant must file the appellant’s notice within 28 days after receiving notice of the Secretary of State’s decision in response to the notice of objection.

(3) Sections 35A and 40B of the Act provide that any appeal under those sections shall be a re-hearing of the Secretary of State’s decision to impose a penalty or charge, and therefore rule "52.21(1)" does not apply.

Where one of the grounds upon which an appeal against a notice under sections 21, 23 or 35 of the Local Government (Miscellaneous Provisions) Act 1976 is brought is that –

(1) This paragraph applies in relation to an appeal against a decision of a registration officer, being a decision referred to in—

(2) Where a person (“the appellant”) has given notice of such an appeal in accordance with the relevant requirements of—

(3) The respondents to the appeal will be –

(4) On the hearing of the appeal–

(5) A respondent to an appeal (other than the registration officer) is not liable for nor entitled to costs, unless he appears before the court in support of the registration officer’s decision.

(6) Rule "52.12(3)" (appellant’s notice) does not apply to an appeal to which this paragraph applies.

(1) In this paragraph –

(2) This paragraph applies to an appeal to the County Court to which paragraph 31.1 (Representation of the People Act 1983 – appeals against decisions of registration officers) applies if a party to the appeal is a person –

(3) This paragraph also applies to an appeal to the Court of Appeal from a decision of the County Court in an appeal to which paragraph 31.1 applies.

(4) The appellant may indicate in the appeal notice that an application for an anonymous entry has been applied for, or that the entry in the register is an anonymous entry.

(5) The respondent or any other person who applies to become a party to the proceedings may indicate in a respondent's notice or an application to join the proceedings that the entry in the register is an anonymous entry, or that an application has been made for an anonymous entry.

(6) Where the appellant gives such an indication in the appeal notice, the court will refer the matter to a District Judge for directions about the further conduct of the proceedings, and, in particular, directions about how the matter should be listed in the court list.

(7) Where the court otherwise becomes aware that a party to the appeal is a person referred to in sub-paragraph (2), the court will give notice to the parties that no further step is to be taken until the court has given any necessary directions for the further conduct of the matter.

(1) Where two or more appeals under—

(2) The court will send a notice of the direction to each party to all of those appeals.

(3) Where a notice under sub-paragraph (2) is served on any party to an appeal (other than the test-case appeal), that party may (within 7 days after the notice is served on that party) give notice to the court requesting the appeal to be heard and–

(4) Where no notice is given under sub-paragraph (3) within the period limited by that paragraph –

(5) Sub-paragraph (4)(a) does not affect the right to appeal to the Court of Appeal of any party to an appeal other than the test-case appeal.

(1) A person appealing to the County Court under section 11 of the UK Borders Act 2007 (‘the Act’) against a decision by the Secretary of State to impose a penalty under section 9(1) of the Act, must, subject to sub-paragraph (2), file the appellant’s notice within 28 days after receiving the penalty notice.

(2) Where the appellant has given notice of objection to the Secretary of State under section 10 of the Act within the time prescribed for doing so, the appellant’s notice must be filed within 28 days after receiving notice of the Secretary of State’s decision in response to the notice of objection.