Appeals in insolvency proceedings: general and preliminary considerations
Appeals in insolvency proceedings: general and preliminary considerations

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

  • Appeals in insolvency proceedings: general and preliminary considerations
  • Coronavirus (COVID-19)
  • The CPR provisions
  • Grounds for appealing and preliminary considerations
  • Permission to appeal
  • Where to start an appeal
  • Starting an appeal
  • Responding to an appellant's notice
  • Skeleton arguments
  • Disposing of appeals and appeals by consent
  • more

The CPR provisions

The 59th update to the CPR includes revisions to the provisions relating to appeals. Under these amendments, which came into force on 1 October 2012, CPR PD 52 was replaced by:

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

  2. CPR PD 52B which contains provisions for appeals in a 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

Minor consequential amendments were also made to Part 52.

The provisions apply to all appeals where the appeal notice was filed or where permission to appeal was obtained on or after that date. They may also apply to appeals started or where permission was obtained before 1 October 2012 if the court so directs. It is therefore important to make sure you have checked what directions the court has given as to the application of the new provisions.

Grounds for appealing and preliminary considerations

An appeal will only be allowed if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a serious procedural or other irregularity in the