The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:
Whether the appeal is a first or second appeal, permission to appeal will initially be considered on the papers (see CPR 52.4(1) and CPR 52.5(1)). A hearing of the application for permission to appeal will only take place in the following circumstances:
in the County Court and High Court—when the person seeking permission requests the decision refusing permission to appeal on the papers to be reconsidered at an oral hearing unless the judge who has refused permission to appeal without an oral hearing has made an order that the person seeking permission may not request the decision to be reconsidered at an oral hearing (CPR 52.4(2) and (3))
in the Court of Appeal—when the judge considering the application on paper has directed that the application be determined at an oral hearing (CPR 52.5(2))
When the matter is being reconsidered at an oral hearing in the County Court or the High Court, the test for first appeals applies (see below: First and second appeals) and the hearing is not a review of the decision refusing permission but is a rehearing of the permission application (see, by way of illustration, BLR Property Management Ltd v Wellington Field Management Ltd).
Where the lower court (ie the County Court or High Court) refuses an application for permission
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