ARCHIVED: This Practice Note has been archived and is not maintained. NOTE: SAVE FOR WHERE THE APPEAL NOTICE WAS FILED OR PERMISSION TO APPEAL WAS OBTAINED BEFORE 1 OCTOBER 2012, THIS PRACTICE NOTE IS FOR HISTORIC PURPOSES ONLY. Further, the CPR rules and practice directions referred to in this guidance will link through to the existing provisions and not those effective before 1 October 2012. For the pre-October 2012 provisions, please see the attached pdf documents. CPR 52 (old) CPR PD 52 (old) Venues Where the appeal is from a decision of the county court or a district judge of the High Court, the CPR sets out which specific court should hear the appeal. Consult CPR PD 52, paragraphs 8.1–8.14. Appeal hearings are normally limited to a review of the decision of the lower court unless: • a practice direction provides otherwise, or • it would be in the interests of justice to hold a re-hearing Hearings will normally be confined

There are a number of statutory rights of appeal in confiscation proceedings under Part 2 of the Proceeds of Crime Act 2002 (POCA 2002), including appeals in relation to: • confiscation orders • variations of confiscation orders (note that there is no right of appeal to the Court of Appeal against a Crown Court's refusal to vary a confiscation order under POCA 2002, s 23. See R v Ward) (see Practice Note: Confiscation orders—to vary or discharge) • determinations under POCA 2002, s 10A (see Practice Note: Determining the recoverable amount under POCA 2002—Determining the defendant's and third party interests in property) • compliance orders (see Practice Note: Compliance orders made in conjunction with confiscation orders), and • management and enforcement receivers (see Practice Note: Appointment of receivers in restraint proceedings) • realisation of property (see Practice Note: Enforcement of confiscation orders—Power to sell seized personal property to satisfy a confiscation order (realisation of property orders)) • restraint orders (see Practice Note: Restraint orders) Appeals against confiscation orders A

Appeals—the general position in litigation Appeals in litigation are governed by CPR 52 and its practice directions, being CPR PD 52A, CPR PD 52B, CPR PD 52C, CPR PD 52D and CPR PD 52E. The applicable practice directions, broadly speaking, deal with the following: • CPR PD 52A contains general provisions relating to appeals • CPR PD 52B contains provisions for appeals in the County Court and High Court • CPR PD 52C contains provisions for appeals in the Court of Appeal • CPR PD 52D contains provisions relating to statutory appeals and appeals subject to special provision • CPR PD 52E contains provisions relating to appeals by way of case stated Grounds for appealing An appeal will only be allowed if the appeal court is satisfied that the decision of the lower court was: • wrong, or • unjust because of a serious procedural or other irregularity in the proceedings in the lower court Appeals will generally be limited to a review of the lower court's decision. Oral or new evidence will not be admissible

Appeals in litigation are governed by CPR 52 and its Practice Directions: • CPR PD 52A contains general provisions relating to appeals • CPR PD 52B contains provisions for appeals in the County Court and High Court • CPR PD 52C contains provisions for appeals in the Court of Appeal • CPR PD 52D contains provisions relating to statutory appeals and appeals subject to special provision • CPR PD 52E contains provisions relating to appeals by way of case stated Grounds for appealing and preliminary considerations An appeal will only be allowed if the appeal court is satisfied that the decision of the lower court was: • wrong, or • unjust because of a serious procedural or other irregularity in the proceedings in the lower court Appeals will generally be limited to a review of the lower court's decision. Oral or new evidence will not be admissible unless permission has been granted. Given the tight time limits in initiating and responding to an appeal, there are some important preliminary considerations

This Practice Note details the procedure on appeal in public law children proceedings together with guidance on the role of the appellate court and orders that may be made pending appeal. It also sets out guidance on the particular considerations that apply to each route of appeal and relevant case law. See also Practice Notes: Appeals—general principles, practice and procedure, Preparation for an appeal and orders that may be made and Applications for permission to appeal in the Family Court. Certain appeals from circuit judges and recorders are made to the High Court rather than the Court of Appeal, except where: • the appeal is from a decision or order in proceedings under Parts IV or V of the Children Act 1989 (ChA 1989), ChA 1989, Sch 2, para 19(1), or the Adoption and Children Act 2002 (ACA 2002) • the appeal is from a decision or order in exercise of the Family Court’s jurisdiction as to contempt of court, where that decision was made in, or in connection with, proceedings under ChA 1989, Pts IV or

Arbitration analysis: This was P&ID’s appeal of one aspect of Mr Justice Robin Knowles decision as to costs in the P&ID v Nigeria litigation: namely the currency in which they should be paid. Readers will be well familiar with the underlying case: Nigeria dramatically succeeded in setting aside two arbitration awards which (together) had awarded P&ID more than US$6.6bn under section 68 of the Arbitration Act 1996 (AA 1996). The resultant costs order required P&ID to pay Nigeria in Sterling. P&ID appealed that finding on the basis that Nigeria appeared to have dealt with fees for the proceedings in Nigerian Naira. The Court of Appeal held that an appeal of a costs order fell outside of the AA 1996, s 68(4) regime (ie it could be brought without leave of the court that made the decision); gave permission to appeal; but rejected the appeal, holding that Knowles J was right to award costs in Sterling on the facts of the case. Written by Mark Wassouf, barrister at 3 Verulam Buildings.

Appeals in litigation are governed by CPR 52 and its practice directions, being CPR PD 52A, CPR PD 52B, CPR PD 52C, CPR PD 52D and CPR PD 52E. CPR PD 52A contains general provisions relating to appeals and CPR PD 52B contains additional provisions for appeals to the County Court and the High Court. Initiating an appeal In addition to the general provisions for initiating an appeal contained in CPR PD 52A, an appellant appealing to the County Court or the High Court must also comply with the provisions in CPR PD 52B. These include specific requirements in relation to filing and serving the appellant's notice, documents to be filed with the appellant’s notice, applications in the appeal and extending time in which to file. For further detail, see Practice Note: Starting an appeal in a County Court or the High Court. For further information on Business and Property work at the County Court at Central London generally, see News Analysis: Guide to Business

Scope of this Practice Note This Practice Note contains guidance on the provisions contained within CPR PD 52B, which deals with appeals in the County Court and High Court, and supplements CPR 52 and the other practice directions under Part 52. General provisions on appeals are contained within CPR PD 52A. As such, this Practice Note should be read in conjunction with other Practice Notes giving general guidance on appeals being conducted under CPR 52 and its accompanying Practice Directions in: Civil appeals: general and preliminary considerations—overview. In addition to all and any relevant CPR provisions, practitioners should also comply with any provisions in any court guide applicable to the division in which the case is proceeding, see Practice Note: Civil appeals—court specific guidance. Special provisions apply to appeals in contempt proceedings. For details, see Practice Note: Civil contempt proceedings—appeals, purges and discharge. For guidance on appeal bundles when appealing to the Court of Appeal, see Practice Note: Appeals to the Court of Appeal—bundles. For guidance on appeal bundles

Appeals in litigation are governed by CPR 52 and its practice directions, being CPR PD 52A, CPR PD 52B, CPR PD 52C, CPR PD 52D and CPR PD 52E. CPR PD 52A contains general provisions relating to appeals and CPR PD 52C contains additional provisions for appeals to the Court of Appeal. Initiating an appeal In addition to the general provisions for initiating an appeal contained in CPR PD 52A, an appellant appealing to the Court of Appeal must also comply with the provisions in CPR PD 52C. These include specific requirements in relation to filing the appellant’s notice and accompanying documents, extensions of time for filing the appellant’s notice, the grounds of appeal, the position where documents are unavailable and service on the respondent. For further information, see Practice Note: Starting an appeal in the Court of Appeal. Respondent's notice Generally, the respondent only needs to take action in an appeal once notified that the appellant has, or does not need, permission to apply. Even then, the respondent

This Practice Note sets out the requirements in family proceedings when appealing to the Court of Appeal or to the Supreme Court, including provisions in relation to permission, bundles, second appeals and costs. It details the applicable provisions in the Civil Procedure Rules 1998 (CPR) and reflects the changes to appeals to the Supreme Court that came into effect on 2 December 2024. Court of Appeal Appeals to the Court of Appeal are governed by CPR 52, together with CPR PD 52A (Appeals: general provisions) and CPR PD 52C (Appeals to the Court of Appeal). Changes to CPR 52, CPR PD 52A and CPR PD 52C were introduced with effect from 3 October 2016 when a new CPR 52 was substituted by the Civil Procedure (Amendment No 3) Rules 2016, SI 2016/788. Practice guidance dated 1 August 2015 sets out the revised hear‐by dates that apply to all cases in the Court of Appeal. The hear-by date will vary depending on whether permission to appeal was granted in the lower court or, if

Scope of this Practice Note This Practice Note contains guidance to the provisions contained within CPR 52 and CPR PD 52C. They apply to appeals to the Civil Division of the Court of Appeal. They do not apply to appeals in detailed assessment proceedings against a decision of an authorised court officer, appeals to the County Court, the High Court or the Supreme Court, appeals where the notice was filed or permission to appeal granted before 1 October 2012 (unless the court has ordered otherwise), or where permission is sought to appeal a decision refusing to grant an interim injunction under section 41 of the Policing and Crime Act 2009. For guidance on appeal bundles when appealing to the County Court of the High Court, see Practice Note: Appeals to the County Court or the High Court—the appeal bundle. For guidance on appeal bundles when appealing to the Supreme Court, see Practice Note: Supreme Court—documents for appeal hearing—on or after 2 December 2024. Note: • general provisions on appeals are contained within CPR

ARCHIVED: This Practice Note has been archived and is not maintained. NOTE: SAVE FOR WHERE THE APPEAL NOTICE WAS FILED OR PERMISSION TO APPEAL WAS OBTAINED BEFORE 1 OCTOBER 2012, THIS PRACTICE NOTE IS FOR HISTORIC PURPOSES ONLY. For guidance on the current provisions, see: Civil appeals to the Court of Appeal—overview, Starting an appeal in the Court of Appeal, Conducting an appeal in the Court of Appeal and Appeals to the Court of Appeal—bundles. Further, the CPR rules and practice directions referred to in this guidance will link through to the existing provisions and not those effective before 1 October 2012. For the pre-October 2012 provisions, please see the attached pdf documents. CPR 52 (old) CPR PD 52 (old) Is the Court of Appeal bound by its own previous decisions? The general rule is that the Court of Appeal is bound by its own previous decisions. The three exceptions to this general rule were laid out by the Court of Appeal itself in Young