NEW APPEAL RULES COMING INTO FORCE ON THE 3rd OCTOBER 2016

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   truthaholics · September 27, 2016 at 21:54:32 · →

   Reblogged this on | truthaholics and commented:
   “THE NEW RULES: THE COURT OF APPEAL

   Determination of applications for permission to appeal to the Court of Appeal

   52.5.—(1) Where an application for permission to appeal is made to the Court of Appeal, the Court of Appeal will determine the application on paper without an oral hearing, except as provided for under paragraph (2).

   (2) The judge considering the application on paper may direct that the application be determined at an oral hearing, and must so direct if the judge is of the opinion that the application cannot be fairly determined on paper without an oral hearing.

   (3) An oral hearing directed under paragraph (2) must be listed—

   (a)no later than 14 days from the date of the direction under that paragraph; and

   (b)before the judge who made that direction,

   unless the court directs otherwise.

   (4) The Court of Appeal may, in any direction under paragraph (2)—

   (a)identify any issue or issues on which the party seeking permission should specifically focus its submissions at the oral hearing in order to assist the court to determine the application; and

   (b)direct the respondent to serve and file written submissions and to attend the oral hearing.

   THE TEST FOR PERMISSION TO APPEAL

   The rules now contain the test for permission to appeal. Note the very importance difference between first appeals and second appeals.

   Permission to appeal test – first appeals

   52.6.—(1) Except where rule 52.7 applies, permission to appeal may be given only where—

   (a)the court considers that the appeal would have a real prospect of success; or

   (b)there is some other compelling reason for the appeal to be heard.

   (2) An order giving permission under this rule or under rule 52.7 may—

   (a)limit the issues to be heard; and

   (b)be made subject to conditions.

   (Rule 3.1(3) also provides that the court may make an order subject to conditions.)

   (Rule 25.15 provides for the court to order security for costs of an appeal.)

   Permission to appeal test – second appeals

   52.7.—(1) Permission is required from the Court of Appeal for any appeal to that court from a decision of the County Court, the family court or the High Court which was itself made on appeal, or a decision of the Upper Tribunal which was made on appeal from a decision of the First-tier Tribunal on a point of law where the Upper Tribunal has refused permission to appeal to the Court of Appeal.

   (2) The Court of Appeal will not give permission unless it considers that—

   (a)the appeal would—

   (i)have a real prospect of success; and

   (ii)raise an important point of principle or practice; or

   (b)there is some other compelling reason for the Court of Appeal to hear it.”

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