Civil appeals to the Court of Appeal

Civil appeals to the County Court, High Court and Court of Appeal are generally governed by CPR 52. General guidance on civil appeals can be found in Civil appeals: general and preliminary considerations—overview.

In addition to the provisions set out in CPR 52 and CPR PD 52A, practitioners appealing in the Court of Appeal also need to comply with the additional provisions set out in CPR PD 52C.

For guidance on appeals to the UK Supreme Court, see: Appeals to the Supreme Court—overview, which links through to further guidance on such appeals.

For detail of the structure and hierarchy of civil courts in England and Wales, see: Courts and Tribunals Judiciary—Structure of Courts and Tribunals System.

Starting an appeal in the Court of Appeal

In addition to the general provisions for starting an appeal contained in CPR PD 52A, an appellant appealing to the Court of Appeal must also comply with the provisions in CPR PD 52C. These include specific requirements in relation to the grounds of appeal and arguments in support of those grounds, extending time

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Court of Appeal confirms narrow scope for post-limitation substitution in wrong defendant cases (Adcamp LLP v Office Properties)

Dispute Resolution analysis: The Court of Appeal has ruled that CPR 19.6(3)(b) does not permit substitution of defendants after expiry of the relevant limitation period where such substitution would change the essential facts necessary to establish liability against the substituted defendant. The claimants (respondents in the appeal) had issued proceedings against firms which had acquired the alleged wrongdoers, believing that any liabilities had been transferred. When it emerged (or was at least disputed) that liabilities had not been transferred, they sought to add or substitute the predecessor firm after limitation had expired. The Court of Appeal concluded that CPR 19.6(3)(b) was not engaged since the substitution would change the claim in substance, as an essential element of the case against the original defendant (the pleaded basis for the acquiring firm’s liability) would be replaced by the primary liability claim against the substituted defendant. It was, in effect, a different claim against a different party. The Court of Appeal was clear that any perceived harshness this might cause to claimants could not be mitigated by adopting a broad reading of CPR 19.6(3)(b). Rather, it considered the problem (if any) was caused by earlier binding Court of Appeal authority which had confined the ‘mistake’ gateway in CPR 19.6(3)(a) to errors of name (misnomer) and excluded cases of mistaken legal responsibility/liability (identity). Any solution, if required, would therefore be a matter for the Supreme Court.

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