The rule
7.CPR 52.3(2)(a) provides:
(2)
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;
8.CPR 52.15(1) provides:
(1) An application to vary the time limit for filing an appeal notice must be made to the appeal court.
- Introduction
- The rule
- The Claimant’s arguments on the Covid Protocol
- Create Financial
- McDonald v Rose
- In the case of a formal hand down where counsel have been excused from attendance that can be done by applying in writing prior to the hearing.
- Jackson v Marina Homes
- As long as the decision hearing has been formally adjourned, any such application can be treated as having been made ‘at’ it for the purpose of CPR r 52.3(2)(a).
- LisleMainwaring
- also
- Hysaj
- Conclusion