Permission to appeal—hearing and next steps
Permission to appeal—hearing and next steps

The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:

  • Permission to appeal—hearing and next steps
  • Determining an application for permission to appeal (PTA)
  • Respondent’s notices and respondent’s role in permission hearings
  • Preparing for a permission hearing
  • Renewed (oral) applications for permission to appeal
  • Types of permission which can be given under CPR 52.6
  • Limited permission to appeal in the Court of Appeal
  • Security for the costs of an appeal—Rule 25.15
  • Striking out an appeal notice—Rule 52.18(1)(a)
  • Examples of hearings where permission to appeal was considered
  • more

Determining an application for permission to appeal (PTA)

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:

  1. 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))

  2. 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