Q&As

If a party wishes to apply to the Court of Appeal for permission to appeal a decision of the Technology and Construction Court (TCC), are there any particular rules or processes that apply to the application for permission? Neither the Civil Procedural Rules nor the TCC guide provides any specific guidance on appeals from the TCC.

read titleRead full title
Published on LexisPSL on 02/02/2021

The following Construction Q&A provides comprehensive and up to date legal information covering:

  • If a party wishes to apply to the Court of Appeal for permission to appeal a decision of the Technology and Construction Court (TCC), are there any particular rules or processes that apply to the application for permission? Neither the Civil Procedural Rules nor the TCC guide provides any specific guidance on appeals from the TCC.
  • Applying for permission to appeal
  • Appeals on findings of fact
  • Appeals on matters of expert evidence
  • Appeals from the TCC

In answering this Q&A, it is assumed that the appellant has not yet applied for permission to appeal (different rules on permission to appeal apply to appellant’s notices issued before 3 October 2016), and the appeal would be a ‘first appeal’, ie it is the first appeal to the Court of Appeal, and the decision being appealed was not itself made on appeal from a lower court (in terms of CPR 52.6 and CPR 52.7, different rules apply in relation to permission for first and second appeals).

In summary, the procedure involved in appealing a decision of the Technology and Construction Court (TCC) in the Court of Appeal is the same as applies to other appeals from the High Court to the Court of Appeal. However, the courts have made clear that, as a result of the nature of construction disputes and the expertise of the TCC judges, it may in practice be more difficult for an appellant to obtain permission to appeal a decision of the TCC, than that of another court.

Applying for permission to appeal

Permission of the court is usually required to appeal against, and thereby seek to overturn, a decision of the civil courts in the form of a judgment or order.

The rules that apply to appeals to the civil division of the Court of Appeal are generally contained in CPR 52.

Popular documents