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

The Court of Appeal has dismissed an application made after final judgment to strike out a claim for abuse of process under CPR 3.4 or to set aside the judgment under the court’s general power at CPR 3.1(7) to vary or revoke court orders: Daniel Terry v BC Corporate Acceptances Ltd [2018] EWCA Civ 2422. … Read more

The Court of Appeal has confirmed that a party who is awarded its costs of an interlocutory appeal is not entitled to an immediate assessment of those costs unless specifically ordered by the appeal court: Khaira v Shergill [2017] EWCA Civ 1687. The decision raises a short, practical point: if a party is awarded its costs of an … Read more

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

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

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

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

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