Permission to Appeal

Permission to appeal is a procedural requirement under CPR Part 52 that must generally be obtained before an appeal can be brought against a court decision. Permission is granted only where the court considers that the appeal has a real prospect of success or there is some other compelling reason for the appeal to be heard. It acts as a filter to prevent hopeless appeals from consuming court resources.

In practice

Permission may be sought from the lower court at the time of the decision or from the appeal court within 21 days. If the lower court refuses permission, the application can be renewed to the appeal court, which considers it on the papers without a hearing. If permission is refused on paper, the applicant may request an oral hearing. No permission is required for certain appeals, including appeals against committal orders.