Permission to appeal—preliminary considerations
Permission to appeal—preliminary considerations

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

  • Permission to appeal—preliminary considerations
  • What is permission to appeal?
  • When is permission to appeal required?
  • To appeal or to vary or set aside?
  • What is the threshold test for permission to appeal?
  • First and second appeals
  • Authorities interpreting the test for first and second appeals before 3 October 2016
  • Appealing for failure to give adequate reasons for decision
  • Can errors of law be appealed?
  • When can a finding of fact be appealed?
  • more

This Practice Note provides guidance on permission to appeal (PTA) under Part 52 of the CPR. For detailed guidance on how to apply for permission to appeal under Part 52 of the CPR, see Practice Note: Permission to appeal—the application. For guidance on the hearing of an application for permission to appeal and what to do after the hearing, see Practice Note: Permission to appeal—hearing and next steps.

In addition to advising a client of the effect, implication and consequences of bringing an appeal, including those relating to costs, practitioners should also be aware of (and prepared to discuss the possibility of) the court granting permission on a limited or conditional basis, see Practice Notes: Permission to appeal—hearing and next steps—Limited permission to appeal and Imposing conditions on an appeal respectively.

For examples of where the court has and has not granted permission to appeal, see Practice Note: Permission to appeal—hearing and next steps—Determining an application for permission to appeal (PTA).

What is permission to appeal?

Parliament has provided that the rules of court may provide that any right of appeal to the County Court, the family court, the High Court, or the Court of Appeal, may be exercised only with permission (see section 54 of the Access to Justice Act 1999). Accordingly, rules have been enacted within Part 52, which provide