Recent Changes To The Rules Applicable To Appeals

Co-authored by James Bourne (Trainee Solicitor)

On 3 October 2016, Part 52 of the Civil Procedure Rules was restructured following years of piecemeal amendment. The changes whilst significant are not as far reaching as those proposed during the consultation process. For example, there has been no change at this stage to the general threshold test on appeal to require a substantial rather than a real prospect of success.

Key changes

The key changes to Part 52 relate to:

• the removal of an automatic right to renew the application at an oral hearing if an application for permission to appeal has been rejected on paper;
• the express inclusion of a requirement of a real prospect of success in the test for permission on second appeals; and