Appeals to the Court of Appeal in insolvency proceedings
Appeals to the Court of Appeal in insolvency proceedings

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

  • Appeals to the Court of Appeal in insolvency proceedings
  • Key features of the Court of Appeal
  • Starting an appeal in the Court of Appeal
  • Respondent's notice
  • Conducting an appeal in the Court of Appeal
  • The appeal bundle in appeals to the Court of Appeal
  • Appeals to the Court of Appeal
  • Appeals hearings
  • Protective costs orders

The 59th update to the CPR included revisions to the provisions relating to appeals. Under those amendments, in force on 1 October 2012, CPR PD 52 was replaced by CPR PD 52A - E. CPR PD 52A contains general provisions relating to appeals and CPR PD 52C contains additional provisions for appeals to the Court of Appeal.

The provisions introduced on 1 October 2012 apply to all appeals where the appeal notice was filed or where permission to appeal was obtained on or after that date. They (or some of them) may also apply to appeals started or where permission was obtained before 1 October 2012 if the court so directs.

Key features of the Court of Appeal

It is important for practitioners to be aware of the key differences between the lowers courts, the Court of Appeal and the Supreme Court. Each have their own rules and special procedures which it is imperative to know to ensure the smooth running of an appeal. A flow chart of the appeals procedure is a helpful device to continually refer to enabling practitioners to ensure that they are prepared for the subsequent stages of the appeal process.

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