Know when to apply for permission to appeal to the Court of Appeal: time runs from when judgment is handed down, not when the lower court refuses permission

A recent Court of Appeal decision clarifies the rules on applying for permission to appeal to the Court of Appeal – which, the court noted, are often not properly understood by would-be appellants: McDonald v Rose [2019] EWCA Civ 4. The decision underlines the important practical point that the 21 day time limit for applying … Read more

Supreme Court considers extent to which an appellant’s relationship with a wealthy third party is relevant in considering whether a payment condition will stifle its appeal

A court may impose conditions when granting permission to appeal. These conditions may include a requirement that the appellant pay money into court before an appeal can proceed – most notably in the form of security for costs, or payment of the judgment sum awarded by a lower court. In a recent decision the Supreme … Read more

New rules for appeals to the Court of Appeal to apply from 3 October

The procedural rules governing appeals to the Court of Appeal are to be amended and restructured with effect from 3 October 2016.  Key changes include: Removing the automatic right to an oral hearing when renewing an unsuccessful application for permission to appeal. Renewed applications will be determined on the documents unless the judge exceptionally directs … Read more

Court of Appeal decision underlines dangers of delay in filing notice of appeal

The Court of Appeal has confirmed that the courts will apply the same rigorous approach to a retrospective application to extend time for filing a notice of appeal as they do to an application for relief from sanctions: R (Dinjan Hysaj) v SoS for the Home Department; Fathollahipour v Aliabadibenisi; May v Robinson [2014] EWCA Civ 1633. The guidance set out in the … Read more

Court of Appeal reinforces principle of finality in litigation

The Court of Appeal has held that a civil recovery order and property freezing order made against the respondent’s property, including overseas property, were not affected by a subsequent decision of the Supreme Court that the relevant legislation did not have extra-territorial effect. Nor did the Supreme Court decision have any effect on the respondent’s committal for non-compliance … Read more

Five Court of Appeal judges designated to hear appeals arising from Jackson reforms

The Master of the Rolls, Lord Dyson, has designated five members of the Court of Appeal to hear appeals arising from the Jackson reforms. This implements Lord Justice Jackson’s recommendation that particular Court of Appeal judges should be designated to consider issues concerning the interpretation or application of the Civil Procedure Rules arising from the … Read more