Permission to appeal—the application
Permission to appeal—the application

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

  • Permission to appeal—the application
  • How to apply for permission to appeal
  • Making an application for permission to appeal to the lower court
  • The timing of an application for permission to appeal to the lower court
  • Adjourning the hearing of an application
  • Procedure for permission to appeal applications in the lower court—where judgment is reserved
  • Making an application for permission to the appellate court
  • Application for permission to the Court of Appeal where no oral hearing directed
  • Permission to appeal—the procedure
  • Can I apply to adjourn the hearing of my application for permission to appeal?
  • more

How to apply for permission to appeal

This Practice Note considers making an application for permission to appeal. Applicants must first be sure that they wish to apply for permission to appeal a decision as opposed to applying for a variation to an order, for example, or asking the judge to expand upon their reasons. For further information, see Practice Note: Permission to appeal—preliminary considerations. Applicants should also be sure that they are proceeding in the correct court and that it has jurisdiction to deal with the application, see Practice Note: Starting an appeal—general provisions.

An application for permission to appeal may be made:

  1. to the lower court at the hearing in which the decision to be appealed was made, or

  2. to the appellate court in an appeal notice in accordance with the time limits for doing so

Making an application for permission to appeal to the lower court

Applications to the lower court for permission to appeal are generally made by the party's advocate during the hearing, immediately after judgment has been handed down (see CPR PD 52A, para 4.1).

For detailed guidance on how to start an appeal in the County Court or the High Court, see Practice Note: Starting an appeal in the County Court or the High Court.

Judges tend to give full and proper consideration to