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 the Supreme Court rules 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). Practice guidance dated 17 June 2015 sets out the 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 by the Court of Appeal, whether on paper or at an oral renewal hearing. In addition the hear-by dates will vary depending on the nature of the proceedings, eg: • in children cases (not including financial remedies), the date will range from two to five months (depending on how

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

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note discusses the procedure for appealing against a decision of the Gambling Commission (the Commission). It includes information on fees and time limits. Appealing against a decision of the Gambling Commission Appeals against the Commission decisions are made to the First-tier Tribunal (Gambling) (the Tribunal). The Tribunal was established in 2008 and is administered by HM Courts and Tribunals Service (HMCTS). Appeals are usually heard by a single judge. The Commission administers operating licences and personal licences under the Gambling Act 2005 (GA 2005). All applicants or licence holders have a right of appeal to the Tribunal if they disagree with a decision of the Commission in respect of a licence. For more information, see Practice Note: The Gambling Commission—compliance and enforcement powers [Archived]. The Tribunal’s jurisdiction is defined by GA 2005, Pt 7 and the statutory framework within which it operates is provided by both the Tribunal

Jurisdiction of the First-tier Tribunal to hear challenges to food law decisions The First-tier Tribunal (General Regulatory Chamber) is the designated tribunal for hearing appeals against food labelling and food improvement notices issued by: • the Food Standards Agency (FSA) • the Department for Environment, Food and Rural Affairs (Defra) • the Local Authority Trading Standards Departments Note that only challenges to certain food related regulator decisions are heard by the First-tier Tribunal. Other challenges must be brought by way of appeal in the magistrates' courts. The requisite legal provisions dictate whether an appeal should be made to the First-tier tribunal or to the magistrates’ court. The Tribunal deals with appeals against the following decisions of these regulators: • decisions under the Fish Labelling Regulations 2013, SI 2013/1768 • decisions under the Fruit Juices and Fruit Nectars (England) Regulations 2013, SI 2013/2775 • decisions under the Food Information Regulations 2014, SI 2014/1855 • decisions under the Products Containing Meat etc (England) Regulations 2014, SI 2014/3001 Note that the Tribunal does

Civil justice reform: see our Practice Note: Civil justice reform in Scotland—virtual hearings and electronic submission of documents for guidance on the current rules and practice in the Scottish civil courts in relation to virtual hearings and the electronic signing, transmission and lodging of documents. This Practice Note introduces the Inner House of the Court of Session and considers its structure, jurisdiction, personnel and court rolls. The note outlines the main types of appeal that it is competent to make to the Inner House and summarises the nature, time-limits and procedure for: • applications for a new civil jury trial • appeals from the Sheriff Appeal Court • statutory appeals • appeals by way of stated case • petitions to the nobile officium For detailed guidance on reclaiming motions, see Practice Note: Reclaiming motions in the Inner House of the Court of Session in Scotland and Procedural requirements for reclaiming key interlocutors to the Inner House of the Court of Session in Scotland—checklist. For guidance on: • appeals

The Supreme Court is the superior court of record in the UK. It: • hears appeals on arguable points of law of general public importance for the whole of the United Kingdom (in civil cases) and for England, Wales and Northern Ireland (in criminal cases) • decides devolution and compatibility issues, that is, issues about whether the devolved executive and legislative authorities have acted or propose to act beyond their powers or have failed to comply with a duty imposed on them • considers references from lower courts or the law officers concerning issues relating to retained European Union law For further information, see Practice Note: Supreme Court—role, structure and powers—on or after 2 December 2024. Supreme Court Rules and Practice Directions The Supreme Court Rules 2024 (SCR) came into force on 2 December 2024. They apply to civil and criminal appeals to the Supreme Court, and to appeals and references under the Supreme Court’s devolution and assimilated law jurisdiction. In addition, the Supreme Court has published new practice directions

This Practice Note provides guidance on those aspects of procedure and practice that are particular to appeals to the UK Supreme Court from a decision of the Inner House of the Court of Session in Scotland. It links out to our England and Wales guidance on civil appeals to the Supreme Court, for those elements of the process that apply equally to appeals from Scottish cases. For guidance on: • appeals to and in the Sheriff Appeal Court, see Practice Notes: Introduction to the Scottish Sheriff Appeal Court, Special incidental procedures in the Scottish Sheriff Appeal Court, Starting an appeal in the Scottish Sheriff Appeal Court and Chapter 7 procedure in the Scottish Sheriff Appeal Court • appeals to and in the Inner House of the Court of Session, see Practice Notes: Appeals to the Inner House of the Court of Session in Scotland, Reclaiming motions in the Inner House of the Court of Session in Scotland and Procedural requirements for reclaiming key interlocutors to the Inner House of