Appeals in insolvency proceedings
Appeals in insolvency proceedings

The following Restructuring & Insolvency guidance note provides comprehensive and up to date legal information covering:

  • Appeals in insolvency proceedings
  • Appeals: the general position in litigation
  • Grounds for appealing
  • Permission to appeal
  • Appeals: the process
  • Insolvency appeals: what's the difference?
  • Alternatives to appeals in insolvency

Appeals: the general position in litigation

Appeals in litigation are governed by the CPR part 52 and its practice direction, which from 1 October 2012 consists of CPR PD 52A, CPR PD 52B, CPR PD 52C, CPR PD 52D and CPR PD 52E.

The applicable practice directions, broadly speaking, deal with the following:

  1. CPR PD 52A which contains general provisions relating to appeals

  2. CPR PD 52B which contains provisions for appeals in the county court and the High Court

  3. CPR PD 52C which contains provisions for appeals in the Court of Appeal

  4. CPR PD 52D which contains provisions relating to statutory appeals and appeals subject to special provision

  5. CPR PD 52E which contains provisions relating to appeals by way of case stated

These provisions are applicable to all appeals where the notice to appeal was filed, or where permission to appeal was obtained on or after 1 October 2012. The court has power to direct that appeal proceedings governed by the old CPR part 52 PD (the one in force prior to 1 October 2012), can be dealt with under the new provisions. The summary in this note looks at the position post 1 October 2012. For reading on the position prior to 1 October 2012, see:

  1. Civil appeals: general and preliminary considerations—overview

  2. Civil appeals to the County Court and the