CA-2025-001983 - [2025] EWCA Civ 1311

The second issue concerns the fact that Ms Ammori wishes to appeal against the refusal by the Judge of permission to apply for judicial review on grounds 1, 5, 6 and 7 of the amended statement of facts and grounds of claim. The question is whether any application for permission to appeal against the refusal of permission to apply for judicial review had to be made within seven days of the Judge’s decision in accordance with CPR 52.8 or whether it could be made by including the application for permission in a respondent’s notice filed in accordance with the time limits in CPR 52.13.

Mr Husain submitted that Ms Ammori is a respondent in this case. He submitted that CPR 52.13 governs applications for permission to appeal by a respondent. CPR 52.13(2(a) provides that “where the respondent needs permission from the appeal court it must be requested in the respondent’s notice”. The time limits are governed by CPR 52.12(4) and (5). Subject to any direction made by the court, the time for filing a respondent’s notice is 14 days after one of the specified events. That rule was not subject to CPR 52.8.

Sir James submitted that Ms Ammori is, or is to be treated as, an appellant for the purposes of her application for permission to appeal. Any application had to be made in accordance with the time limit in CPR 52.8.