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The Civil Procedure Rules 1998

Type Statutory-Instrument

Publication 1998-12-10

Last updated 2026-10-02

State In force

Department Statute Law Database

Source legislation.gov.uk

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These Rules provide a new code of civil procedure for the civil courts. They replace the Rules of the Supreme Court 1965 and the County Court Rules 1981. As well as the main body of the new rules (Parts 1—48), they also provide for certain specialist proceedings (Part 49) and transitional provisions (Part 51); the details of these are contained in practice directions. Part 50 introduces schedules to the Rules containing those provisions of the former rules of court which for the time being are re-enacted as part of the Civil Procedure Rules but without substantial changes.

Reform history JSON API

(3) If the application is supported by evidence setting out a summary of the applicant’s financial resources, the court may, on application by the applicant, dispense with the need for the applicant to serve such evidence on one or more of the parties.

VII — SCALE COSTS FOR CLAIMS IN THE INTELLECTUAL PROPERTY ENTERPRISE COURT

Scope and interpretation

46.20

(1) Subject to paragraph (2), this Section applies to proceedings in the Intellectual Property Enterprise Court.

(2) This Section does not apply where—

(a) the court considers that a party has behaved in a manner which amounts to an abuse of the court’s process; or

(b) the claim concerns the infringement or revocation of a patent or registered design or registered trade mark the validity of which has been certified by a court or by the Comptroller-General of Patents, Designs and Trade Marks in earlier proceedings.

(3) The court will make a summary assessment of the costs of the party in whose favour any order for costs is made. Rules 44.2(8), 44.7(b) and Part 47 do not apply to this Section.

(4) ‘Scale costs’ means the costs set out in Table A and Table B of the Practice Direction supplementing this Part.

Amount of scale costs

46.21

(1) Subject to rule 46.22, the court will not order a party to pay total costs of more than—

(a) £60,000 on the final determination of a claim in relation to liability; and

(b) £30,000 on an inquiry as to damages or account of profits.

(2) The amounts in paragraph (1) apply after the court has applied the provision on set off in accordance with rule 44.12(a).

(3) The maximum amount of scale costs that the court will award for each stage of the claim is set out in Practice Direction 46.

(4) The amount of the scale costs awarded by the court in accordance with paragraph (3) will depend on the nature and complexity of the claim.

(5) Subject to assessment where appropriate, the following may be recovered in addition to the amount of the scale costs set out in Practice Direction 46 – Costs - Special Cases—

(a) court fees;

(b) costs relating to the enforcement of any court order; and

(6) Where appropriate, VAT may be recovered in addition to the amount of the scale costs and any reference in this Section to scale costs is a reference to those costs net of any such VAT.

Summary assessment of the costs of an application where a party has behaved unreasonably

46.22

Costs awarded to a party under rule 63.26(2) are in addition to the total costs that may be awarded to that party under rule 46.21.

SECTION VIII — ENVIRONMENTAL REVIEW COSTS

Environmental review costs

46.23

(1) In this Section, “party” includes an intervener or interested party.

(2) Subject to paragraph (3), no party to a claim for environmental review (for which see Section III of Part 54) is entitled to an order for costs against any other party.

(3) The court may make an order for costs against a party if satisfied that the conduct of a party or that party’s legal representative, before or during the proceedings, was unreasonable or improper.

(4) Where—

(a) the court makes an order under paragraph (2) against a legally represented party; and

(b) the party is not present when the order is made,

the party’s legal representative must notify that party in writing of the order no later than 7 days after the legal representative receives notice of the order.

SECTION IX — Costs Limits in Aarhus Convention Claims

Scope and interpretation

46.24

(1) This section provides for the costs which are to be recoverable between the parties in Aarhus Convention claims.

(2) In this Section—

(a) “Aarhus Convention claim” means a claim brought by one or more members of the public by judicial review or review under statute which challenges the legality of any decision, act or omission of a body exercising public functions, and which is within the scope of Article 9(1), 9(2) or 9(3) of the UNECE Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters done at Aarhus, Denmark on 25 June 1998 (“the Aarhus Convention”);

(b) references to a member or members of the public are to be construed in accordance with the Aarhus Convention.

(3) This Section does not apply to appeals other than appeals brought under section 289(1) of the Town and Country Planning Act 1990 or section 65(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990, which are for the purposes of this Section to be treated as reviews under statute.

(Rule 52.19A makes provision in relation to costs of an appeal.)

(The Aarhus Convention is available on the UNECE website at https://www.unece.org/env/pp/welcome.html.)

Opting out, and other cases where rules 46.26 to 46.28 do not apply to a claimant

46.25

(1) Subject to paragraph (2), rules 46.26 to 46.28 apply where a claimant who is a member of the public has—

(a) stated in the claim form that the claim is an Aarhus Convention claim; and

(b) filed and served with the claim form a schedule of the claimant’s financial resources, which is verified by a statement of truth and provides details of—

(i) the claimant’s significant assets, liabilities, income and expenditure; and

(ii) in relation to any financial support which any person has provided or is likely to provide to the claimant, the aggregate amount which has been provided and which is likely to be provided.

(2) Subject to paragraph (3), rules 46.26 to 46.28 do not apply where the claimant has stated in the claim form that although the claim is an Aarhus Convention claim, the claimant does not wish those rules to apply.

(3) If there is more than one claimant, rules 46.26 to 46.28 do not apply in relation to the costs payable by or to any claimant who has not acted as set out in paragraph (1), or who has acted as set out in paragraph (2), or who is not a member of the public.

Limit on costs recoverable from a party in an Aarhus Convention claim

46.26

(1) Subject to rules 46.25 and 46.28, a claimant or defendant in an Aarhus Convention claim may not be ordered to pay costs exceeding the amounts in paragraph (2) or (3) or as varied in accordance with rule 46.27.

(2) For a claimant the amount is—

(a) £5,000 where the claimant is claiming only as an individual and not as, or on behalf of, a business or other legal person;

(b) £10,000 in all other cases.

(3) For a defendant the amount is £35,000.

(4) In an Aarhus Convention claim with multiple claimants or multiple defendants, the amounts in paragraphs (2) and (3) (subject to any direction of the court under rule 46.27) apply in relation to each such claimant or defendant individually and may not be exceeded, irrespective of the number of receiving parties.

Varying the limit on costs recoverable from a party in an Aarhus Convention claim

46.27

(1) The court may vary the amounts in rule 46.26 or may remove altogether the limits on the maximum costs liability of any party in an Aarhus Convention claim.

(2) The court may vary such an amount or remove such a limit only on an application made in accordance with paragraphs (5) to (7) (“an application to vary”) and if satisfied that—

(a) to do so would not make the costs of the proceedings prohibitively expensive for the claimant; and

(b) in the case of a variation which would reduce a claimant’s maximum costs liability or increase that of a defendant, without the variation the costs of the proceedings would be prohibitively expensive for the claimant.

(3) Proceedings are to be considered prohibitively expensive for the purpose of this rule if their likely costs (including any court fees which are payable by the claimant) either—

(a) exceed the financial resources of the claimant; or

(b) are objectively unreasonable having regard to—

(i) the situation of the parties;

(ii) whether the claimant has a reasonable prospect of success;

(iii) the importance of what is at stake for the claimant;

(iv) the importance of what is at stake for the environment;

(v) the complexity of the relevant law and procedure; and

(vi) whether the claim is frivolous.

(4) When the court considers the financial resources of the claimant for the purposes of this rule, it must have regard to any financial support which any person has provided or is likely to provide to the claimant.

(5) Subject to paragraph (6), an application to vary must—

(a) if made by the claimant, be made in the claim form and provide the claimant’s reasons why, if the variation were not made, the costs of the proceedings would be prohibitively expensive for the claimant;

(b) if made by the defendant, be made in the acknowledgment of service and provide the defendant’s reasons why, if the variation were made, the costs of the proceedings would not be prohibitively expensive for the claimant; and

(6) An application to vary may be made at a later stage if there has been a significant change in circumstances (including evidence that the schedule of the claimant’s financial resources contained false or misleading information) which means that the proceedings would now—

(a) be prohibitively expensive for the claimant if the variation were not made; or

(b) not be prohibitively expensive for the claimant if the variation were made.

(7) An application under paragraph (6) must—

(a) if made by the claimant—

(i) be accompanied by a revised schedule of the claimant’s financial resources or confirmation that the claimant’s financial resources have not changed; and

(ii) provide reasons why the proceedings would now be prohibitively expensive for the claimant if the variation were not made; and

(b) if made by the defendant, provide reasons why the proceedings would now not be prohibitively expensive for the claimant if the variation were made.

(Rule 39.2(3)(c) makes provision for a hearing (or any part of it) to be in private if it involves confidential information (including information relating to personal financial matters) and publicity would damage that confidentiality.)

Challenging whether the claim is an Aarhus Convention claim

46.28

(1) Where a claimant has complied with rule 46.25(1), and subject to rule 46.25(2) and (3), rule 46.26 applies unless—

(a) the defendant has in the acknowledgment of service—

(i) denied that the claim is an Aarhus Convention claim; and

(ii) set out the defendant’s grounds for such denial; and

(b) the court has determined that the claim is not an Aarhus Convention claim.

(2) Where the defendant denies that the claim is an Aarhus Convention claim, the court must determine that issue at the earliest opportunity.

(3) In any proceedings to determine whether the claim is an Aarhus Convention claim—

(a) if the court holds that the claim is not an Aarhus Convention claim, it shall, except for good reason, make no order for costs in relation to those proceedings;

(b) if the court holds that the claim is an Aarhus Convention claim, it shall, except for good reason, order the defendant to pay the claimant’s costs of those proceedings to be assessed on the standard basis, and that order may be enforced even if this would increase the costs payable by the defendant beyond the amount stated in rule 46.26(3) or any variation of that amount.

PART 47 — PROCEDURE FOR DETAILED ASSESSMENT OF COSTS AND DEFAULT PROVISIONS

Title	Number
SECTION I – GENERAL RULES ABOUT DETAILED ASSESSMENT
Time when detailed assessment may be carried out	47.1
No stay of detailed assessment where there is an appeal	47.2
Powers of an authorised court officer	47.3
Venue for detailed assessment proceedings	47.4
SECTION II – COSTS PAYABLE BY ONE PARTY TO ANOTHER - COMMENCEMENT OF DETAILED ASSESSMENT PROCEEDINGS
Application of this Section	47.5
Commencement of detailed assessment proceedings	47.6
Period for commencing detailed assessment proceedings	47.7
Sanction for delay in commencing detailed assessment proceedings	47.8
Points of dispute and consequence of not serving	47.9
Procedure where costs are agreed	47.10
SECTION III – COSTS PAYABLE BY ONE PARTY TO ANOTHER – DEFAULT PROVISIONS
Default costs certificate	47.11
Setting aside a default costs certificate	47.12
SECTION IV – COSTS PAYABLE BY ONE PARTY TO ANOTHER – PROCEDURE WHERE POINTS OF DISPUTE ARE SERVED
Optional reply	47.13
Detailed assessment hearing	47.14
Provisional Assessment	47.15
SECTION V – INTERIM COSTS CERTIFICATE AND FINAL COSTS CERTIFICATE
Power to issue an interim certificate	47.16
Final costs certificate	47.17
SECTION VI – DETAILED ASSESSMENT PROCEDURE FOR COSTS OF A LSC FUNDED CLIENT OR AN ASSISTED PERSON WHERE COSTS ARE PAYABLE OUT OF THE COMMUNITY LEGAL SERVICE FUND
Detailed assessment procedure where costs are payable out of the community legal service fund	47.18
Detailed assessment procedure where costs are payable out of a fund other than the community legal service fund	47.19
SECTION VII – COSTS OF DETAILED ASSESSMENT PROCEEDINGS
Liability for costs of detailed assessment proceedings	47.20
SECTION VIII – APPEALS FROM AUTHORISED COURT OFFICERS IN DETAILED ASSESSMENT PROCEEDINGS
Right to appeal	47.21
Court to hear appeal	47.22
Appeal procedure	47.23
Powers of court on appeal	47.24

SECTION I — General Rules about Detailed Assessment

Time when detailed assessment may be carried out

47.1

The general rule is that the costs of any proceedings or any part of the proceedings are not to be assessed by the detailed procedure until the conclusion of the proceedings, but the court may order them to be assessed immediately.

(Practice Direction 47 gives further guidance about when proceedings are concluded for the purpose of this rule.)

No stay of detailed assessment where there is an appeal

47.2

Detailed assessment is not stayed pending an appeal unless the court so orders.

Powers of an authorised court officer

47.3

(1) An authorised court officer has all the powers of the court when making a detailed assessment, except—

(a) power to make a wasted costs order as defined in rule 46.8;

(b) power to make an order under—

(i) rule 44.11 (powers in relation to misconduct);

(ii) rules 47.8 (sanction for delay in commencing detailed assessment proceedings) and 47.14.(3) and (4) (sanction for delay in requesting a detailed assessment hearing);

(iii) paragraph (2) (objection to detailed assessment by authorised court officer); and

(c) power to make a detailed assessment of costs payable to a solicitor by that solicitor’s client, unless the costs are being assessed under rule 46.4 (costs where money is payable to a child or protected party).

(2) Where a party objects to the detailed assessment of costs being made by an authorised court officer, the court may order it to be made by a costs judge or a District Judge.

(Practice Direction 47 sets out the relevant procedure.)

Venue for detailed assessment proceedings

47.4

(1) All applications and requests in detailed assessment proceedings must be made to or filed at the appropriate office.

(Practice Direction 47 sets out the meaning of “appropriate office” in any particular case)

(2) The court may direct that the appropriate office is to be the Costs Office.

(3) In the County Court, a court may direct that another County Court hearing centre is to be the appropriate office.

(4) A direction under paragraph (3) may be made without proceedings being transferred to that court.

(Rule 30.2 makes provision for the transfer within the County Court of proceedings for detailed assessment of costs.)

SECTION II — Costs Payable by one Party to another – Commencement of Detailed Assessment Proceedings

Application of this Section

47.5

This Section of Part 47 applies where a cost officer is to make a detailed assessment of—

(a) costs which are payable by one party to another; or

(b) the sum which is payable by one party to the prescribed charity pursuant to an order under section 194(3) of the 2007 Act.

Commencement of detailed assessment proceedings

47.6

(1) Detailed assessment proceedings are commenced by the receiving party serving on the paying party—

(a) notice of commencement in the relevant practice form; ...

(b) a copy or copies of the bill of costs, as required by Practice Direction 47; and

(Rule 47.7 sets out the period for commencing detailed assessment proceedings.)

(2) The receiving party must also serve a copy of the notice of commencement , the bill and, if required by Practice Direction 47, the breakdown on any other relevant persons specified in Practice Direction 47.

(3) A person on whom a copy of the notice of commencement is served under paragraph (2) is a party to the detailed assessment proceedings (in addition to the paying party and the receiving party).

( Practice Direction 47 deals with—

other documents which the party must file when requesting detailed assessment;

the court’s powers where it considers that a hearing may be necessary;

the form of a bill; and

the length of notice which will be given if a hearing date is fixed.)

(Paragraphs 7B.2 to 7B.7 of the Practice Direction - Civil Recovery Proceedings contain provisions about detailed assessment of costs in relation to civil recovery orders.)

Period for commencing detailed assessment proceedings

47.7

The following table shows the period for commencing detailed assessment proceedings.

Source of right to detailed assessment	Time by which detailed assessment proceedings must be commenced
Judgment, direction, order, award or other determination	3 months after the date of the judgment etc. Where detailed assessment is stayed pending an appeal, 3 months after the date of the order lifting the stay
Discontinuance under Part 38	3 months after the date of service of notice of discontinuance under rule 38.3; or 3 months after the date of the dismissal of application to set the notice of discontinuance aside under rule 38.4
Acceptance of an offer to settle under Part 36	3 months after the date when the right to costs arose

Sanction for delay in commencing detailed assessment proceedings

47.8

(1) Where the receiving party fails to commence detailed assessment proceedings within the period specified—

(a) in rule 47.7; or

(b) by any direction of the court,

the paying party may apply for an order requiring the receiving party to commence detailed assessment proceedings within such time as the court may specify.

(2) On an application under paragraph (1), the court may direct that, unless the receiving party commences detailed assessment proceedings within the time specified by the court, all or part of the costs to which the receiving party would otherwise be entitled will be disallowed.

(3) If—

(a) the paying party has not made an application in accordance with paragraph (1); and

(b) the receiving party commences the proceedings later than the period specified in rule 47.7,

the court may disallow all or part of the interest otherwise payable to the receiving party under—

(i) section 17 of the Judgments Act 1838; or

(ii) section 74 of the County Courts Act 1984,

but will not impose any other sanction except in accordance with rule 44.11 (powers in relation to misconduct).

(4) Where the costs to be assessed in a detailed assessment are payable out of the Community Legal Service Fund, this rule applies as if the receiving party were the solicitor to whom the costs are payable and the paying party were the Legal Services Commission.

(5) Where the costs to be assessed in a detailed assessment are payable by the Lord Chancellor under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, this rule applies as if the receiving party were the solicitor to whom the costs are payable and the paying party were the Lord Chancellor.

Points of dispute and consequence of not serving

47.9

(1) The paying party and any other party to the detailed assessment proceedings may dispute any item in the bill of costs by serving points of dispute on—

(a) the receiving party; and

(b) every other party to the detailed assessment proceedings.

(2) The period for serving points of dispute is 21 days after the date of service of the notice of commencement.

(3) If a party serves points of dispute after the period set out in paragraph (2), that party may not be heard further in the detailed assessment proceedings unless the court gives permission.

(Practice Direction 47 sets out requirements about the form of points of dispute.)

(4) The receiving party may file a request for a default costs certificate if—

(a) the period set out in paragraph (2) for serving points of dispute has expired; and

(b) the receiving party has not been served with any points of dispute.

(5) If any party (including the paying party) serves points of dispute before the issue of a default costs certificate the court may not issue the default costs certificate.

(Section IV of this Part sets out the procedure to be followed after points of dispute have been served.)

Procedure where costs are agreed

47.10

(1) If the paying party and the receiving party agree the amount of costs, either party may apply for a costs certificate (either interim or final) in the amount agreed.

(Rule 47.16 and rule 47.17 contain further provisions about interim and final costs certificates respectively)

(2) An application for a certificate under paragraph (1) must be made to the court which would be the venue for detailed assessment proceedings under rule 47.4.

SECTION III — Costs payable by one Party to another – Default Provisions

Default costs certificate

47.11

(1) Where the receiving party is permitted by rule 47.9 to obtain a default costs certificate, that party does so by filing a request in the relevant practice form.

( Practice Direction 47 deals with the procedure by which the receiving party may obtain a default costs certificate.)

(2) A default costs certificate will include an order to pay the costs to which it relates.

(3) Where a receiving party obtains a default costs certificate, the costs payable to that party for the commencement of detailed assessment proceedings will be the sum set out in Practice Direction 47.

(4) A receiving party who obtains a default costs certificate in detailed assessment proceedings pursuant to an order under section 194(3) of the 2007 Act must send a copy of the default costs certificate to the prescribed charity.

Setting aside a default costs certificate

47.12

(1) The court will set aside a default costs certificate if the receiving party was not entitled to it.

(2) In any other case, the court may set aside or vary a default costs certificate if it appears to the court that there is some good reason why the detailed assessment proceedings should continue.

(Practice Direction 47 contains further details about the procedure for setting aside a default costs certificate and the matters which the court must take into account)

(3) Where the court sets aside or varies a default costs certificate in detailed assessment proceedings pursuant to an order under section 194(3) of the Legal Services Act 2007, the receiving party must send a copy of the order setting aside or varying the default costs certificate to the prescribed charity.

SECTION IV — Costs payable by one Party to another – Procedure where Points of Dispute are Served

Optional Reply

47.13

(1) Where any party to the detailed assessment proceedings serves points of dispute, the receiving party may serve a reply on the other parties to the assessment proceedings.

(2) The receiving party may do so within 21 days after being served with the points of dispute to which the reply relates.

(Practice Direction 47 sets out the meaning of “reply”.)

Detailed assessment hearing

47.14

(1) Where points of dispute are served in accordance with this Part, the receiving party must file a request for a detailed assessment hearing within 3 months of the expiry of the period for commencing detailed assessment proceedings as specified—

(a) in rule 47.7; or

(b) by any direction of the court.

(2) Where the receiving party fails to file a request in accordance with paragraph (1), the paying party may apply for an order requiring the receiving party to file the request within such time as the court may specify.

(3) On an application under paragraph (2), the court may direct that, unless the receiving party requests a detailed assessment hearing within the time specified by the court, all or part of the costs to which the receiving party would otherwise be entitled will be disallowed.

(4) If—

(a) the paying party has not made an application in accordance with paragraph (2); and

(b) the receiving party files a request for a detailed assessment hearing later than the period specified in paragraph (1),

the court may disallow all or part of the interest otherwise payable to the receiving party under—

(i) section 17 of the Judgments Act 1838; or

(ii) section 74 of the County Courts Act 1984,

but will not impose any other sanction except in accordance with rule 44.11 (powers in relation to misconduct).

(5) No party other than—

(a) the receiving party;

(b) the paying party; and

may be heard at the detailed assessment hearing unless the court gives permission.

(6) Only items specified in the points of dispute may be raised at the hearing, unless the court gives permission.

(7) If an assessment is carried out at more than one hearing, then for the purposes of rule 52.12 time for appealing shall not start to run until the conclusion of the final hearing, unless the court orders otherwise.

(Practice Direction 47 specifies other documents which must be filed with the request for hearing and the length of notice which the court will give when it fixes a hearing date.)

Provisional Assessment

47.15

(1) This rule applies to any detailed assessment proceedings commenced in the High Court or the County Court on or after 1 April 2013 in which the costs claimed are the amount set out in paragraph 14.1 of the practice direction supplementing this Part, or less.

(2) In proceedings to which this rule applies, the parties must comply with the procedure set out in Part 47 as modified by paragraph 14 Practice Direction 47.

(3) The court will undertake a provisional assessment of the receiving party’s costs on receipt of Form N258 and the relevant supporting documents specified in Practice Direction 47.

(4) The provisional assessment will be based on the information contained in the bill and supporting papers and the contentions set out in Precedent G (the points of dispute and any reply).

(5) In proceedings which do not go beyond provisional assessment, the maximum amount the court will award to any party as costs of the assessment (other than the costs of drafting the bill of costs) is £1,500 together with any VAT thereon and any court fees paid by that party.

(6) The court may at any time decide that the matter is unsuitable for a provisional assessment and may give directions for the matter to be listed for hearing. The matter will then proceed under rule 47.14 without modification.

(7) When a provisional assessment has been carried out, the court will send a copy of the bill, as provisionally assessed, to each party with a notice stating that any party who wishes to challenge any aspect of the provisional assessment must, within 21 days of the receipt of the notice, file and serve on all other parties a written request for an oral hearing. If no such request is filed and served within that period, the provisional assessment shall be binding upon the parties, save in exceptional circumstances.

(8) The written request referred to in paragraph (7) must—

(a) identify the item or items in the court’s provisional assessment which are sought to be reviewed at the hearing; and

(b) provide a time estimate for the hearing.

(9) The court then will fix a date for the hearing and give at least 14 days’ notice of the time and place of the hearing to all parties.

(10) Any party which has requested an oral hearing, will pay the costs of and incidental to that hearing unless—

(a) it achieves an adjustment in its own favour by 20% or more of the sum provisionally assessed; or

(b) the court otherwise orders.

SECTION V — Interim Costs Certificate and Final Costs Certificate

Power to issue an interim certificate

47.16

(1) The court may at any time after the receiving party has filed a request for a detailed assessment hearing –

(a) issue an interim costs certificate for such sum as it considers appropriate; or

(b) amend or cancel an interim certificate.

(2) An interim certificate will include an order to pay the costs to which it relates, unless the court orders otherwise.

(3) The court may order the costs certified in an interim certificate to be paid into court.

(4) Where the court –

(a) issues an interim costs certificate; or

(b) amends or cancels an interim certificate,

in detailed assessment proceedings pursuant to an order under section 194(3) of the 2007 Act, the receiving party must send a copy of the interim costs certificate or the order amending or cancelling the interim costs certificate to the prescribed charity.

Final costs certificate

47.17

(1) In this rule a “completed bill” means a bill calculated to show the amount due following the detailed assessment of the costs.

(2) The period for filing the completed bill is 14 days after the end of the detailed assessment hearing.

(3) When a completed bill is filed the court will issue a final costs certificate and serve it on the parties to the detailed assessment proceedings.

(4) Paragraph (3) is subject to any order made by the court that a certificate is not to be issued until other costs have been paid.

(5) A final costs certificate will include an order to pay the costs to which it relates, unless the court orders otherwise.

(Practice Direction 47 deals with the form of a final costs certificate.)

(6) Where the court issues a final costs certificate in detailed assessment proceedings pursuant to an order under section 194(3) of the 2007 Act, the receiving party must send a copy of the final costs certificate to the prescribed charity.

SECTION VI — Detailed Assessment Procedure for Costs of A LSC Funded Client or , an Assisted Person or Person to Whom Legal Aid is Made Available where Costs are Payable out of the Community Legal Service Fund or by the Lord Chancellor under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012

Detailed assessment procedure where costs are payable out of the Community Legal Services Fund or by the Lord Chancellor under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012

47.18

(1) Where the court is to assess costs of a LSC funded client , an assisted person or a person to whom legal aid is provided which are payable out of the Community Legal Services Fund or by the Lord Chancellor under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, that person’s solicitor may commence detailed assessment proceedings by filing a request in the relevant practice form.

(2) A request under paragraph (1) must be filed within 3 months after the date when the right to detailed assessment arose.

(3) The solicitor must also serve a copy of the request for detailed assessment on the LSC funded client , the assisted person or the person to whom legal aid is provided, if notice of that person’s interest has been given to the court in accordance with community legal service or legal aid regulations.

(4) Where the solicitor has certified that the LSC funded client or that person wishes to attend an assessment hearing, the court will, on receipt of the request for assessment, fix a date for the assessment hearing.

(5) Where paragraph (3) does not apply, the court will, on receipt of the request for assessment provisionally assess the costs without the attendance of the solicitor, unless it considers that a hearing is necessary.

(6) After the court has provisionally assessed the bill, it will return the bill to the solicitor.

(7) The court will fix a date for an assessment hearing if the solicitor informs the court, within 14 days after receiving the provisionally assessed bill, that the solicitor wants the court to hold such a hearing.

Detailed assessment procedure where costs are payable out of a fund other than the community legal service fund

47.19

(1) Where the court is to assess costs which are payable out of a fund other than the Community Legal Service Fund, the receiving party may commence detailed assessment proceedings by filing a request in the relevant practice form.

(2) A request under paragraph (1) must be filed within 3 months after the date when the right to detailed assessment arose.

(3) The court may direct that the party seeking assessment serve a copy of the request on any person who has a financial interest in the outcome of the assessment.

(4) The court will, on receipt of the request for assessment, provisionally assess the costs without the attendance of the receiving party, unless the court considers that a hearing is necessary.

(5) After the court has provisionally assessed the bill, it will return the bill to the receiving party.

(6) The court will fix a date for an assessment hearing if the receiving party informs the court, within 14 days after receiving the provisionally assessed bill, that the receiving party wants the court to hold such a hearing.

SECTION VII — Costs of Detailed Assessment Proceedings

Liability for costs of detailed assessment proceedings

47.20

(1) The receiving party is entitled to the costs of the detailed assessment proceedings except where—

(a) the provisions of any Act, any of these Rules or any relevant practice direction provide otherwise; or

(b) the court makes some other order in relation to all or part of the costs of the detailed assessment proceedings.

(2) Paragraph (1) does not apply where the receiving party has pro bono representation in the detailed assessment proceedings but that party may apply for an order in respect of that representation under section 194(3) of the 2007 Act.

(3) In deciding whether to make some other order, the court must have regard to all the circumstances, including—

(a) the conduct of all the parties;

(b) the amount, if any, by which the bill of costs has been reduced; and

(4) The provisions of Part 36 apply to the costs of detailed assessment proceedings with the following modifications—

(a) “claimant” refers to “receiving party” and “defendant” refers to “paying party”;

(b) “trial” refers to “detailed assessment hearing”;

(c) a detailed assessment hearing is “in progress” from the time when it starts until the bill of costs has been assessed or agreed;

(d) for rule 36.14(7) substitute “If such sum is not paid within 14 days of acceptance of the offer, or such other period as has been agreed, the receiving party may apply for a final costs certificate for the unpaid sum.”;

(e) a reference to “judgment being entered” is to the completion of the detailed assessment, and references to a “judgment” being advantageous or otherwise are to the outcome of the detailed assessment.

(5) The court will usually summarily assess the costs of detailed assessment proceedings at the conclusion of those proceedings.

(6) Unless the court otherwise orders, interest on the costs of detailed assessment proceedings will run from the date of default, interim or final costs certificate, as the case may be.

(7) For the purposes of rule 36.17, detailed assessment proceedings are to be regarded as an independent claim.

SECTION VIII — Appeals from Authorised Court Officers in Detailed Assessment Proceedings

Right to appeal

47.21

Any party to detailed assessment proceedings may appeal against a decision of an authorised court officer in those proceedings.

Court to hear appeal

47.22

An appeal against a decision of an authorised court officer lies to a costs judge or a District Judge of the High Court.

Appeal procedure

47.23

(1) The appellant must file an appeal notice within 21 days after the date of the decision against which it is sought to appeal.

(2) On receipt of the appeal notice, the court will—

(a) serve a copy of the notice on the parties to the detailed assessment proceedings; and

(b) give notice of the appeal hearing to those parties.

Powers of the court on appeal

47.24

On an appeal from an authorised court officer the court will—

(a) re-hear the proceedings which gave rise to the decision appealed against; and

(b) make any order and give any directions as it considers appropriate.

PART 48 — PART 2 OF THE LEGAL AID, SENTENCING AND PUNISHMENT OF OFFENDERS ACT 2012 RELATING TO CIVIL LITIGATION FUNDING AND COSTS: TRANSITIONAL PROVISION IN RELATION TO PRE-COMMENCEMENT FUNDING ARRANGEMENTS

48.1

(1) The provisions of CPR Parts 43 to 48 relating to funding arrangements, and the attendant provisions of the Costs Practice Direction, will apply in relation to a pre-commencement funding arrangement as they were in force immediately before 1 April 2013, with such modifications (if any) as may be made by a practice direction on or after that date.

(2) A reference in rule 48.2 to a rule is to that rule as it was in force immediately before 1 April 2013.

48.2

(1) A pre-commencement funding arrangement is—

(a) in relation to proceedings other than insolvency-related proceedings, publication and privacy proceedings or a mesothelioma claim—

(i) a funding arrangement as defined by rule 43.2(1)(k)(i) where—

(aa) the agreement was entered into before 1 April 2013 specifically for the purposes of the provision to the person by whom the success fee is payable of advocacy or litigation services in relation to the matter that is the subject of the proceedings in which the costs order is to be made; or

(bb) the agreement was entered into before 1 April 2013 and advocacy or litigation services were provided to that person under the agreement in connection with that matter before 1 April 2013;

(ii) a funding arrangement as defined by rule 43.2(1)(k)(ii) where the party seeking to recover the insurance premium took out the insurance policy in relation to the proceedings before 1 April 2013;

(iii) a funding arrangement as defined by rule 43.2(1)(k)(iii) where the agreement with the membership organisation to meet the costs was made before 1 April 2013 specifically in respect of the costs of other parties to proceedings relating to the matter which is the subject of the proceedings in which the costs order is to be made;

(b) in relation to insolvency-related proceedings, publication and privacy proceedings or a mesothelioma claim—

(i) a funding arrangement as defined by rule 43.2(1)(k)(i) where—

(aa) the agreement was entered into before the relevant date specifically for the purposes of the provision to the person by whom the success fee is payable of advocacy or litigation services in relation to the matter that is the subject of the proceedings in which the costs order is to be made; or

(bb) the agreement was entered into before the relevant date and advocacy or litigation services were provided to that person under the agreement in connection with that matter before the relevant date;

(ii) a funding arrangement as defined by rule 43.2(1)(k)(ii) where the party seeking to recover the insurance premium took out the insurance policy in relation to the proceedings before the relevant date.

(2) In paragraph (1)—

(a) “insolvency-related proceedings” means any proceedings—

(i) in England and Wales brought by a person acting in the capacity of—

(aa) a liquidator of a company which is being wound up in England and Wales or Scotland under Parts IV or V of the Insolvency Act 1986; or

(bb) a trustee of a bankrupt’s estate under Part IX of the Insolvency Act 1986;

(ii) brought by a person acting in the capacity of an administrator appointed pursuant to the provisions of Part II of the Insolvency Act 1986;

(iii) in England and Wales brought by a company which is being wound up in England and Wales or Scotland under Parts IV or V of the Insolvency Act 1986; or

(iv) brought by a company which has entered administration under Part II of the Insolvency Act 1986;

(b) “news publisher” means a person who publishes a newspaper, magazine or website containing news or information about or comment on current affairs;

(i) defamation;

(ii) malicious falsehood;

(iii) breach of confidence involving publication to the general public;

(iv) misuse of private information; or

(v) harassment, where the defendant is a news publisher.

(d) “a mesothelioma claim” is a claim for damages in respect of diffuse mesothelioma (within the meaning of the Pneumoconiosis etc. (Workers’ Compensation) Act 1979; and

(e) “the relevant date” is the date on which sections 44 and 46 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 came into force in relation to proceedings of the sort in question.

PART 49 — SPECIFIC PROCEEDINGS

Practice directions for specific proceedings

49.1

The practice directions made under this Rule apply to proceedings of the types described in them and may modify or disapply any provision of these Rules in connection with those proceedings.

PART 50 — APPLICATION OF THE SCHEDULES

50

(1) The Schedules to these Rules set out, with modifications, certain provisions previously contained in the Rules of the Supreme Court 1965³³²⁵ and the County Court Rules 1981³³²⁶.

(2) These Rules apply in relation to the proceedings to which the Schedules apply subject to the provisions in the Schedules and the relevant practice directions.

(3) A provision previously contained in the Rules of the Supreme Court 1965—

(a) is headed “RSC”;

(b) is numbered with the Order and rule numbers it bore as part of the RSC; and

(c) unless otherwise stated in the Schedules or the relevant practice direction, applies only to proceedings in the High Court.

(4) A provision previously contained in the County Court Rules 1981—

(a) is headed “CCR”;

(b) is numbered with the Order and rule numbers it bore as part of the CCR; and

(c) unless otherwise stated in the Schedules or the relevant practice direction, applies only to proceedings in the County Court .

(5) A reference in a Schedule to a rule by number alone is a reference to the rule so numbered in the Order in which the reference occurs.

(6) A reference in a Schedule to a rule by number prefixed by “CPR” is a reference to the rule with that number in these Rules.

(7) In the Schedules, unless otherwise stated, “the Act” means—

(a) in a provision headed “RSC”, the Supreme Court Act 1981; and

(b) in a provision headed “CCR”, the County Courts Act 1984.

PART 51 — Transitional Arrangements and Pilot Schemes

51

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

51.1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

51.2

Practice directions may modify or disapply any provision of these Rules—

(a) for specified periods; and

(b) in relation to proceedings in specified courts,

during the operation of pilot schemes for assessing the use of new practices and procedures in connection with proceedings.

Temporary modifications for coronavirus or other emergency

51.3

Practice directions may modify or disapply any provision of these rules—

(a) for specified periods; and

(b) in relation to proceedings in specified courts,

in order to address issues for the work of the courts arising from the coronavirus (SARS-CoV-2) outbreak or any other public emergency.

PART 52 — APPEALS

	SECTION I SCOPE AND INTERPRETATION

52.1	Scope and interpretation
52.2	Parties to comply with Practice Directions 52A to 52E

	SECTION II PERMISSION TO APPEAL – GENERAL

52.3	Permission to appeal
Rule 52.3A	Permission to appeal in certain contempt proceedings
Rule 52.3B	Permission to appeal from the Court of Appeal to the Supreme Court
52.4	Determination of application for permission to appeal to the County Court and High Court
52.5	Determination of application for permission to appeal to the Court of Appeal
52.6	Permission to appeal test – first appeals
52.7	Permission to appeal test – second appeals
Rule 52.7A	Permission to appeal in contempt proceedings where the appeal lies to the Supreme Court

	SECTION III PERMISSION TO APPEAL – JUDICIAL REVIEW APPEALS, PLANNING STATUTORY REVIEW APPEALS AND APPEALS FROM THE EMPLOYMENT APPEAL TRIBUNAL

52.8	Judicial review appeals from the High Court
52.9	Judicial review appeals from the Upper Tribunal
52.10	Planning statutory review appeals
52.11	Appeals from the Employment Appeal Tribunal

	SECTION IV ADDITIONAL RULES

52.12	Appellant’s notice
52.13	Respondent’s notice
52.14	Transcripts at public expense
52.15	Variation of time
Rule 52.15A	Variation of time in certain contempt proceedings
52.16	Stay
52.17	Amendment of appeal notice
52.18	Striking out appeal notices and setting aside or imposing conditions on permission to appeal
52.19	Orders to limit recoverable costs of an appeal
52.20	Appeal court’s powers
52.21	Hearing of appeals
52.22	Non-disclosure of Part 36 offers and payments

	SECTION V SPECIAL PROVISIONS RELATING TO THE COURT OF APPEAL

52.23	Assignment of appeals to the Court of Appeal
52.24	Who may exercise the powers of the Court of Appeal

	SECTION VI SPECIAL PROVISIONS RELATING TO STATUTORY APPEALS

52.25	Statutory appeals – court’s power to hear any person
52.26	Appeals under the Law of Property Act 1922
52.27	Appeals from certain tribunals
52.28	Appeals under certain planning legislation
52.29	Appeals under certain legislation relating to pensions

	SECTION VII REOPENING FINAL APPEALS

52.30	Reopening of final appeals

SECTION I — Scope and interpretation

Scope and interpretation

52.1

(1) The rules in this Part apply to—

(a) appeals to the civil division of the Court of Appeal;

(b) appeals to the High Court;

(d) applications made in the High Court or the Court of Appeal for permission to appeal to the Supreme Court in contempt proceedings; and

(e) applications made in the Court of Appeal for permission to appeal to the Supreme Court in proceedings other than contempt proceedings.

(2) This Part does not apply to an appeal in detailed assessment proceedings against a decision of an authorised court officer.

(3) In this Part—

(a) “appeal” includes an appeal by way of case stated;

(b) “appeal court” means the court to which an appeal is made but does not include the Supreme Court;

(c) “lower court” means the court, tribunal or other person or body from whose decision an appeal is brought but does not include the Court of Appeal;

(d) “appellant” means a person who brings or seeks to bring an appeal;

(e) “respondent” means—

(i) a person other than the appellant who was a party to the proceedings in the lower court and who is affected by the appeal; and

(ii) a person who is permitted by the appeal court to be a party to the appeal; ...

(f) “appeal notice” means an appellant’s or respondent’s notice ; and

(g) reference to an appeal in contempt proceedings is reference to—

(i) an appeal by a defendant in respect of any order or decision made by a court in the exercise of its jurisdiction to punish for contempt of court or under an enactment enabling the court to deal with an offence as if it were a contempt of court or under section 14, 92 or 118 of the County Courts Act 1984; and

(ii) an appeal by an applicant in respect of any order made on an application for committal or attachment.

(4) This Part is subject to any rule, enactment or practice direction which sets out special provisions with regard to any particular category of appeal.

Parties to comply with Practice Directions 52A to 52E

52.2

All parties to an appeal must comply with Practice Directions 52A to 52E.

SECTION II — Permission to appeal – General

Permission to appeal

52.3

(1) An appellant or respondent requires permission to appeal—

(a) where the appeal is from a decision of a judge in the County Court or the High Court, or to the Court of Appeal from a decision of a judge in the family court, except where the appeal is against—

(i) a committal order made in the County Court or by a single judge of the High Court not sitting on an appeal;

(ii) a refusal to grant habeas corpus; or

(iii) a secure accommodation order made under section 25 of the Children Act 1989 or section 119 of the Social Services and Well-being (Wales) Act 2014; ...

(b) as provided by Practice Directions 52A to 52E ; or

(i) a Divisional Court in contempt proceedings;

(ii) a single judge of the High Court made on appeal in contempt proceedings;

(iii) the Court of Appeal in contempt proceedings; or

(iv) the Court of Appeal in proceedings other than contempt proceedings.

(Other enactments may provide that permission is required for particular appeals.)

(2) Unless the appeal is within paragraph (1)(c) or the appeal is of a decision that is within rule 62.10A, an application for permission to appeal may be made—

(a) to the lower court at the hearing at which the decision to be appealed was made or any adjournment of that hearing; or

(b) to the appeal court in an appeal notice.

(Rule 52.12 sets out the time limits for filing an appellant’s notice at the appeal court. Rule 52.13 sets out the time limits for filing a respondent’s notice at the appeal court. Any application for permission to appeal to the appeal court must be made in the appeal notice (see rules 52.12(1) and 52.13(3)).)

(3) Unless the appeal is within paragraph (1)(c), where the lower court refuses an application for permission to appeal—

(a) a further application for permission may be made to the appeal court; and

(b) the order refusing permission must specify—

(i) the court to which any further application for permission should be made; and

(ii) the level of judge who should hear the application.

Permission to appeal in certain contempt proceedings

52.3A

(1) Where the appeal is one to which rule 52.3(1)(c)(i), (ii) or (iii) applies—

(a) an application for permission to appeal must be made to the Divisional Court or the single judge of the High Court or the Court of Appeal (as the case may be); and

(b) the application must be made within 28 days of the date on which that Court provides reasons for its decision.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Permission to appeal from the Court of Appeal to the Supreme Court

52.3B

Where the appeal is one to which rule 52.3(1)(c)(iv) applies—

(a) an application for permission to appeal must be made to the Court of Appeal;

(b) the application must be made within 28 days after the date of the decision of the Court of Appeal which the appellant wishes to appeal.

Determination of applications for permission to appeal to the County Court and High Court

52.4

(1) Where an application for permission to appeal is made to an appeal court other than the Court of Appeal, the appeal court will determine the application on paper without an oral hearing, unless the court otherwise directs, or as provided for under paragraph (2).

(2) Subject to paragraph (3) and except where a rule or practice direction provides otherwise, where the appeal court, without a hearing, refuses permission to appeal, the person seeking permission may request the decision to be reconsidered at an oral hearing.

(3) Where in the appeal court a judge of the High Court, a Designated Civil Judge or a Specialist Circuit Judge refuses permission to appeal without an oral hearing and considers that the application is totally without merit, the judge may make an order that the person seeking permission may not request the decision to be reconsidered at an oral hearing.

(4) For the purposes of paragraph (3), “Specialist Circuit Judge” means any Circuit Judge in the County Court nominated to hear cases in the Business and Property Division.

(5) Rule 3.3(5) (party able to apply to set aside, etc., a decision made of court’s own initiative) does not apply to an order made under paragraph (3) that the person seeking permission may not request the decision to be reconsidered at an oral hearing.

(6) A request under paragraph (2) must be filed within 7 days after service of the notice that permission has been refused.

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.

Permission to appeal test – first appeals

52.6

(1) Except where rule 52.3B, rule 52.7 or rule 52.7A 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 25.29 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.

Permission to appeal in contempt proceedings where the appeal lies to the Supreme Court

52.7A

(1) This rule applies where the appeal is—

(a) one to which rule 52.3(1)(c)(ii) applies; or

(b) from a decision to which rule 52.3(1)(c)(i) or (iii) applies and which was itself made on appeal.

(2) Where this rule applies the court from which the appeal lies may grant permission only if—

(a) that court certifies that a point of general public importance is involved in the decision; and

(b) it appears to that court that the point is one which ought to be considered by the Supreme Court.

SECTION III — Permission to appeal – judicial review appeals, planning statutory review appeals and appeals from the Employment Appeal Tribunal

Judicial review appeals from the High Court

52.8

(1) Where permission to apply for judicial review has been refused at a hearing in the High Court, an application for permission to appeal may be made to the Court of Appeal except where precluded by section 18(1) ... of the Senior Courts Act 1981.

(2) Where permission to apply for judicial review of a decision of the Upper Tribunal has been refused by the High Court on the papers or where permission to apply for judicial review has been refused on the papers and recorded as being totally without merit in accordance with rule 23.12, an application for permission to appeal may be made to the Court of Appeal.

(3) An application under paragraph (1) must be made within 7 days of the decision of the High Court to refuse to give permission to apply for judicial review.

(4) An application under paragraph (2) must be made within 7 days of service of the order of the High Court refusing permission to apply for judicial review.

(5) On an application under paragraph (1) or (2), the Court of Appeal may, instead of giving permission to appeal, give permission to apply for judicial review.

(6) Where the Court of Appeal gives permission to apply for judicial review in accordance with paragraph (5), the case will proceed in the High Court unless the Court of Appeal orders otherwise.

Judicial review appeals from the Upper Tribunal

52.9

(1) Where permission to bring judicial review proceedings has been refused by the Upper Tribunal at a hearing and permission to appeal has been refused by the Upper Tribunal, an application for permission to appeal may be made to the Court of Appeal.

(2) Where an application for permission to bring judicial review proceedings has been determined by the Upper Tribunal on the papers and recorded as being totally without merit and permission to appeal has been refused by the Upper Tribunal, an application for permission to appeal may be made to the Court of Appeal.

(3) An application under this rule to the Court of Appeal must be made within 7 days of—

(a) the decision of the Upper Tribunal refusing permission to appeal to the Court of Appeal, where that decision was made at a hearing; or

(b) service of the order of the Upper Tribunal refusing permission to appeal to the Court of Appeal, where the decision to refuse permission was made on the papers.

Planning statutory review appeals

52.10

(1) Where permission to apply for a planning statutory review has been refused at a hearing in the High Court, an application for permission to appeal may be made to the Court of Appeal.

(See Part 8 and Practice Direction 54D.)

(2) Where permission to apply for a planning statutory review has been refused by the High Court on the papers and recorded as totally without merit in accordance with rule 23.12, an application for permission to appeal may be made to the Court of Appeal.

(3) An application under paragraph (1) must be made within 7 days of the decision of the High Court to refuse to give permission to apply for a planning statutory review.

(4) An application under paragraph (2) must be made within 7 days of service of the order of the High Court refusing permission to apply for a planning statutory review.

(5) On an application under paragraph (1) or (2) the Court of Appeal may, instead of giving permission to appeal, give permission to apply for a planning statutory review.

(6) Where the Court of Appeal gives permission to apply for a planning statutory review in accordance with paragraph (5), the case will proceed in the High Court unless the Court of Appeal orders otherwise.

Appeals from the Employment Appeal Tribunal

52.11

(1) Where on an appeal to the Employment Appeal Tribunal either—

(a) the appellant or special advocate has been given notice under rule 3(7) of the Employment Appeal Tribunal Rules 1993 (“the 1993 Rules”) and an order has been made under rule 3(7ZA) of those Rules; or

(b) a direction has been made under rule 3(10) of the 1993 Rules that no further action shall be taken on the notice of appeal,

the appellant may apply to the Court of Appeal for permission to appeal.

(2) An application under paragraph (1) must be made within 7 days of the date of—

(a) service of the notice under rule 3(7) of the 1993 Rules; or

(b) the direction made under rule 3(10) of those Rules,

as the case may be.

(3) The Court of Appeal may, instead of giving permission to appeal, direct that the notice under rule 3(7) of the 1993 Rules or (as the case may be) the direction under rule 3(10) of those Rules shall be of no effect so that the appeal shall proceed in the Employment Appeal Tribunal as if the notice or direction had not been given or made, but such a direction shall not be given unless the test for the grant of permission to appeal under rule 52.6(2) is met.

SECTION IV — Additional rules

Appellant’s notice

52.12

(1) Where the appellant seeks permission from the appeal court, it must be requested in the appellant’s notice.

(2) Except where rule 62.10A(3) applies, the appellant must file the appellant’s notice at the appeal court within—

(a) such period as may be directed by the lower court at the hearing at which the decision to be appealed was made or any adjournment of that hearing (which may be longer or shorter than the period referred to in sub-paragraph (b)); or

(b) where the court makes no such direction, and subject to the specific provision about time limits in rules 52.8 to 52.11 and Practice Direction 52D, 21 days after the date of the decision of the lower court which the appellant wishes to appeal.

(3) Subject to paragraph (4) and unless the appeal court orders otherwise, a sealed copy of the appellant’s notice must be served on each respondent—

(a) as soon as practicable; and

(b) in any event where it is served by the appellant not later than 14 days,

after it is sealed.

(4) Where an appellant seeks permission to appeal against a decision to refuse to grant an interim injunction under section 41 of the Policing and Crime Act 2009, the appellant is not required to serve the appellant’s notice on the respondent.

Respondent’s notice

52.13

(1) A respondent may file and serve a respondent’s notice.

(2) A respondent who—

(a) is seeking permission to appeal from the appeal court; or

(b) wishes to ask the appeal court to uphold the decision of the lower court for reasons different from or additional to those given by the lower court,

must file a respondent’s notice.

(3) Where the respondent seeks permission from the appeal court it must be requested in the respondent’s notice.

(4) A respondent’s notice must be filed within—

(a) such period as may be directed by the lower court at the hearing at which the decision to be appealed was made or any adjournment of that hearing; or

(b) where the court makes no such direction, 14 days after the date in paragraph (5).

(5) The date referred to in paragraph (4) is—

(a) the date the respondent is served with the appellant’s notice where—

(i) permission to appeal was given by the lower court; or

(ii) permission to appeal is not required;

(b) the date the respondent is served with notification that the appeal court has given the appellant permission to appeal; or

(c) the date the respondent is served with notification that the application for permission to appeal and the appeal itself are to be heard together.

(6) Unless the appeal court orders otherwise, a respondent’s notice must be served on the appellant and any other respondent—

(a) as soon as practicable; and

(b) in any event not later than 7 days,

after it is filed.

(7) This rule does not apply where rule 52.12(4) applies.

Transcripts at public expense

52.14

(1) Subject to paragraph (2), the lower court or the appeal court may direct, on the request of a party to the proceedings, that an official transcript of the judgment of the lower court, or of any part of the evidence or the proceedings in the lower court, be obtained at public expense for the purposes of an appeal.

(2) Before making a direction under paragraph (1), the court must be satisfied that—

(a) the requesting party qualifies for fee remission or is otherwise in such poor financial circumstances that the cost of obtaining a transcript would be an excessive burden; and

(b) it is necessary in the interests of justice for such a transcript to be obtained.

(3) A request under paragraph (1) must be made on the approved form.

Variation of time

52.15

(1) An application to vary the time limit for filing an appeal notice must be made to the appeal court.

(2) The parties may not agree to extend any date or time set by—

(a) these Rules;

(b) Practice Directions 52A to 52E; or

(Rule 3.1(2)(a) provides that the court may extend or shorten the time for compliance with any rule, practice direction or court order (even if an application for extension is made after the time for compliance has expired).)

(Rule 3.1(2)(b) provides that the court may adjourn or bring forward a hearing.)

Variation of time in certain contempt proceedings

52.15A

A defendant in contempt proceedings may apply to extend the time set out at rule 52.3A(1)(a) and (b).

Stay(GL)

52.16

Unless—

(a) the appeal court or the lower court orders otherwise; or

(b) the appeal is from the Immigration and Asylum Chamber of the Upper Tribunal,

an appeal shall not operate as a stay of any order or decision of the lower court.

Amendment of appeal notice

52.17

An appeal notice may not be amended without the permission of the appeal court.

Striking out(GL) appeal notices and setting aside(GL) or imposing conditions on permission to appeal

52.18

(1) The appeal court may—

(a) strike out the whole or part of an appeal notice;

(b) set aside permission to appeal in whole or in part;

(2) The court will only exercise its powers under paragraph (1) where there is a compelling reason for doing so.

(3) Where a party was present at the hearing at which permission was given, that party may not subsequently apply for an order that the court exercise its powers under sub-paragraphs (1)(b) or (1)(c).

Orders to limit the recoverable costs of an appeal – general

52.19

(1) Subject to rule 52.19A, in any proceedings in which costs recovery is normally limited or excluded at first instance, an appeal court may make an order that the recoverable costs of an appeal will be limited to the extent which the court specifies.

(2) In making such an order the court will have regard to—

(a) the means of both parties;

(b) all the circumstances of the case; and

(3) If the appeal raises an issue of principle or practice upon which substantial sums may turn, it may not be appropriate to make an order under paragraph (1).

(4) An application for such an order must be made as soon as practicable and will be determined without a hearing unless the court orders otherwise.

Orders to limit the recoverable costs of an appeal – appeals in Aarhus Convention claims

52.19A

(1) In this rule, “Aarhus Convention claim” and “prohibitively expensive” have the same meanings as in Section IX of Part 46, and “claimant” means a claimant to whom rules 46.26 to 46.28 apply.

(2) In an appeal against a decision made in an Aarhus Convention claim to which rules 46.26 to 46.28 apply, the court must—

(a) consider whether the costs of the proceedings will be prohibitively expensive for a party who was a claimant; and

(b) if they will be, make an order limiting the recoverable costs to the extent necessary to prevent this.

(3) When the court considers the financial resources of a party for the purposes of this rule, it must have regard to any financial support which any person has provided or is likely to provide to that party.

Appeal court’s powers

52.20

(1) In relation to an appeal the appeal court has all the powers of the lower court.

(Rule 52.1(4) provides that this Part is subject to any enactment that sets out special provisions with regard to any particular category of appeal. Where such an enactment gives a statutory power to a tribunal, person or other body, it may be the case that the appeal court may not exercise that power on an appeal.)

(2) The appeal court has power to—

(a) affirm, set aside or vary any order or judgment made or given by the lower court;

(b) refer any claim or issue for determination by the lower court;

(d) make orders for the payment of interest;

(e) make a costs order.

(3) In an appeal from a claim tried with a jury the Court of Appeal may, instead of ordering a new trial—

(a) make an order for damages; or

(b) vary an award of damages made by the jury.

(4) The appeal court may exercise its powers in relation to the whole or part of an order of the lower court.

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