NEW RULES COMING INTO FORCE ON THE 1ST OCTOBER 3: PERMISSION TO APPEAL FROM FIRST INSTANCE JUDGEAFTER ADJOURNMENT

The rules  currently provide that application for permission to appeal to the judge who made the decision must be made to the lower court at the hearing at which the decision to be appealed was made. If an application is not made at that hearing then the judge does not have jurisdiction to give permission to appeal at a later date, see Monroe -v- Hopkins [2017] EWHC 645 (QB) and the earlier discussions on this blog.

There was some debate as to the situation when the initial hearing itself was adjourned.  The rules are amended to make it clear that permission can be made at any adjourned hearing.

WHAT THE CHANGES DO

The rules have been amended, with revisions to CPR Part 40 and 52 to deal with the situation where the hearing at the judgment is made is adourned.  It is made clear that the application can be made at the adjourned hearing.

THE AMENDMENTS

Amendment of Part 40
8. In rule 40.2(3), at the end insert “or any adjournment of that hearing”.

Amendment of Part 52
9.—(1) In rule 52.3(2)(a), after “made” insert “or any adjournment of that hearing”.
(2) In rule 52.12(2)(a), after “lower court” insert “at the hearing at which the decision to be appealed was made or any adjournment of that hearing”.
(3) In rule 52.13(4)(a), after “lower court” insert “at the hearing at which the decision to be appealed was made or any adjournment of that hearing”