Q&As

What are the consequences of an appellant lodging their appeal notice in the Court of Appeal by the relevant time limit but failing to file all of the relevant enclosures with it (as required by the relevant provisions in the CPR) until months after the time limit has expired?

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Published on LexisPSL on 30/09/2020

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

  • What are the consequences of an appellant lodging their appeal notice in the Court of Appeal by the relevant time limit but failing to file all of the relevant enclosures with it (as required by the relevant provisions in the CPR) until months after the time limit has expired?

What are the consequences of an appellant lodging their appeal notice in the Court of Appeal by the relevant time limit but failing to file all of the relevant enclosures with it (as required by the relevant provisions in the CPR) until months after the time limit has expired?

In addition to the general requirements when filing an appeal notice, as detailed in Practice Note: Starting an appeal—general provisions, appeal notices in the Court of Appeal must be filed in the Civil Appeals Office Registry together with:

  1. three copies of the appeal notice and one additional copy for each of the respondents. These additional copies will be sealed by the court and returned to the appellant for service on the respondent(s)

  2. one copy of the documents set out in CPR PD 52C, para 3(3), including:

  3. the sealed order or tribunal decision being appealed

  4. any order granting or refusing permission to appeal

  5. the judge's or tribunal's reasons for granting or refusing permission to appeal

  6. any witness statements or affidavits relied on in support of any application included in the appellant's notice

  7. the appellant's skeleton argument in support of the appeal

  8. the approved transcript of the judgment from the lower court

And accompanied by the appropriate fee or, if appropriate, by a fee remission

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