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    • It's Hotpoint (but I believe they're part of the Whirlpool group now?). The part was bought direct from them as a consumer.
    • Thanks BankFodder for your latest, I'm in complete agreement on the subject of mediation and will be choosing to decline mediation, the longer timeline is not an issue for me, I will happily let the going to court run it's course. I really appreciate the support from the Consumer Action Group. I'll post the email text I'm sending to Evri's small claims in answer to their recent defence response. Regards, J    email text I'm sending to Evri's small claims in answer to their recent defence response:  
    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {15}, 70, 71(2), {Sch. 4} (with Sch. 3 para. 11); S.I. 2007/123, art. 3(2), Sch. 2
    • We used to recommend that people accept mediation but our advice has changed. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming and even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been leading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. If it's good for them it's bad for you. On mediation form, you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee but you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi's bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.     And incidentally, there is a myth that if you refuse mediation that somehow it will go against you and the judge will take a dim view and be critical of you. This is precisely a myth. It's not true. It would be highly improper if any judge decided the case against you on anything other than the facts and the law of the case. So don't worry about that. The downside of declining mediation is that your case will take slightly longer. The upside is that if you win you will get all your money and you will have a judgement in your favour which will help others. The chances of you winning in this case are better than 95% and of course you would then receive 100% of your claim plus costs
    • Nice to hear a positive story about a company on this form for a change. Thank you
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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52CPD.28

Appeals from the Upper Tribunal Immigration and Asylum Chamber

28 (1) In an appeal from the Immigration and Asylum Chamber of the Upper Tribunal (other than an appeal relating to a claim for judicial review)—

(a) the Immigration and Asylum Chamber of the Upper Tribunal, upon request, shall send to the Civil Appeals Office copies of the documents which were before the relevant Tribunal when it considered the appeal;

(b) the appellant is not required to file an appeal bundle;

© the appellant must file with the appellant's notice the documents specified in paragraph 4(3)(a) to (e) and (g) of this Practice Direction.

52CPD.29

Bundle of authorities

29 (1) After consultation with any opposing advocate, the appellant's advocate must file a bundle containing photocopies of the authorities upon which each party will rely at the hearing.

(2) The most authoritative report of each authority must be used in accordance with the Practice Direction on Citation of Authorities (2012) and must have the relevant passages marked by a vertical line in the margin.

(3) Photocopies of authorities should not be in landscape format and the type should not be reduced in size.

(4) The bundle should not—

(a) include authorities for propositions not in dispute; or

(b) contain more than 10 authorities unless the issues in the appeal justify more extensive citation.

(5) A bundle of authorities must bear a certificate by the advocates responsible for arguing the case that the requirements of sub-paragraphs (2) to (4) of this paragraph have been complied with in respect of each authority included.

52CPD.30

Amendment of appeal notice: rule 52.8

30 (1) An appeal notice may not be amended without the permission of the court.

(2) An application for permission to amend made before permission to appeal has been considered will normally be determined without a hearing.

(3) An application for permission to amend (after permission to appeal has been granted) and any submissions in opposition will normally be dealt with at the hearing unless that would cause unnecessary expense or delay, in which case a request should be made for the application to amend to be heard in advance.

(4) Legal representatives must—

(a) inform the court at the time they make the application if the existing time estimate is affected by the proposed amendment; and

(b) attempt to agree any revised time estimate no later than 7 days after service of the application.

52CPD.31

Skeleton Argument

31 (1) Any skeleton argument must comply with the provisions of Section 5 of Practice Direction 52A and must—

(a) not normally exceed 25 pages (excluding front sheets and back sheets);

(b) be printed on A4 paper in not less than 12 point font and 1.5 line spacing.

(2) Where an appellant has filed a skeleton argument in support of an application for permission to appeal, the same skeleton argument may be relied upon in the appeal or the appellant may file an appeal skeleton argument (Timetable Section 5, Part 1).

(3) At the hearing the court may refuse to hear argument on a point not included in a skeleton argument filed within the prescribed time.

(4) The court may disallow the cost of preparing an appeal skeleton argument which does not comply with these requirements or was not filed within the prescribed time.

52CPD.32

Supplementary skeleton arguments

32 (1) A party may file a supplementary skeleton argument only where strictly necessary and only with the permission of the court.

(2) If a party wishes to rely on a supplementary skeleton argument, it must be lodged and served as soon as practicable. It must be accompanied by a request for permission setting out the reasons why a supplementary skeleton argument is necessary and why it could not reasonably have been lodged earlier.

(3) Only exceptionally will the court allow the use of a supplementary skeleton argument if lodged later than 7 days before the hearing.

Practice Direction 52D—STATUTORY APPEALS AND APPEALS SUBJECT TO SPECIAL PROVISION

52DPD.1

This Practice Direction supplements Part 52

Contents of this Practice Direction

This Practice Direction is divided into the following sections:

1. Introduction

2. Routes of appeal

3. General provisions about statutory appeals

4. Specific appeals

52DPD.2

Section 1 Introduction

1.1 This Practice Direction applies to all statutory appeals, and to other appeals which are subject to special provision, but not to appeals by way of case stated (to which Practice Direction 52E applies).

52DPD.3

Section 2 Routes of appeal

2.1 In this Practice Direction, the court to which an appeal lies is prescribed by statute.

52DPD.4

Section 3 General provisions about statutory appeals

3.1 This Section contains general provisions about statutory appeals (paragraphs 3.2–3.8). For where this Practice Direction or a statute makes additional special provision see also Section 4 [>>Text].

3.2 Where any of the provisions in this Section provide for documents to be filed at the appeal court, those documents are in addition to any documents required under Part 52 [>>Text] or Practice Direction 52B or 52C.

3.3 (1) Where the appellant wishes to appeal against a decision of the Administrative Appeals Chamber of the Upper Tribunal, the appellant's notice must be filed within 21 days of the date on which the Upper Tribunal's decision on permission to appeal to the Court of Appeal is given.

(2) Where the appellant wishes to appeal against a decision of any other Chamber of the Upper Tribunal, the appellant's notice must be filed within 28 days of the date on which the Upper Tribunal's decision on permission to appeal to the Court of Appeal is given.

Service of appellant's notice: rule 52.4(3)

3.4 (1) The appellant must serve the appellant's notice on the respondent and on the chairman of the tribunal, Minister of State, government department or other person from whose decision the appeal is brought.

(2) In the case of an appeal from the decision of a tribunal that has no chairman or member who acts as a chairman, the appellant's notice must be served on the member (or members if more than one) of the tribunal.

Variation of time: rule 52.6

3.5 Where any statute prescribes a period within which an appeal must be filed then, unless the statute otherwise provides, the appeal court may not extend that period.

Applications by third parties (rule 52.12A)

3.6 Where all the parties consent, the court may deal with an application under rule 52.12A without a hearing.

3.7 An application for permission must be made by letter to the relevant court office, identifying the appeal, explaining who the applicant is and indicating why and in what form the applicant wants to participate in the hearing.

3.8 If the applicant is seeking a prospective order as to costs, the letter must say what kind of order and on what grounds.

52DPD.5

Section 4 Specific appeals

Provisions about specific appeals

4.1 This Section sets out special provisions about the appeals listed in the Table below. This Section is not exhaustive and does not create, amend or remove any right of appeal.

4.2 Part 52 [>>Text] applies to all appeals to which this Section applies subject to any special provisions set out in this Section.

4.3 Where any of the provisions in this Section provide for documents to be filed at the appeal court, these documents are in addition to any documents required under Part 52 [>>Text] or Practice Direction 52B or 52C.

52DPD.6

Certain appeals to the High Court to be heard in Chancery Division

5.1 Any appeal to the High Court, and any case stated or question referred for the opinion of that court under any of the following enactments shall be heard in the Chancery Division—

(1) section 38(3) of the Clergy Pensions Measure 1961;

(2) regulation 74 of the European Public Limited-Liability Company Regulations 2004;

(3) the Industrial and Provident Societies Act 1965;

(4) section 222(3) of the Inheritance Tax Act 1984;

(5) the Land Registration Act 2002 [>>Text];

(6) paragraph 16 of Schedule 15 to the Law of Property Act 1922;

(7) section 215 or 217 of the Pensions Act 2003;

(8) section 151 of the Pension Schemes Act 1993;

(9) section 13 and 13B of the Stamp Act 1891;

(10) regulation 8(3) of the Stamp Duty Reserve Tax Regulations 1986.TABLE

Statute (or description of appeal) Appropriate Court Relevant paragraph in this Practice Direction

Agricultural Land Tribunal High Court 18.1

Architects Act 1997, s. 22 High Court 19.1

Chiropractors Act 1994, s. 31 High Court 19.1

Civil Partnership—conditional order for dissolution or nullity CA 6.1

Clergy Pensions Measure 1961, s. 38(3) High Court 5.1

Competition: Articles 101 and 102 of the Treaty on the Functioning of the European Union and Chapters I and II of Part I of the Competition Act 1998 CA 7.1

Competition Appeal Tribunal CA 8.1

Contempt of Court CA 9.1

Court of Protection CA 10.1

Decree nisi of divorce or nullity of marriage CA 6.1

Dentists Act 1984, ss.29 and 44 High Court 19.1

Employment Appeal Tribunal CA 11.1

European Public Limited-Liability Company Regulations 2004, reg. 74 High Court 20.1

Extradition Act 2003 High Court 21.1

Friendly Societies Act 1974 High Court 5.1 and 22.1

Friendly Societies Act 1992 High Court 5.1 and 22.1

Health Professions Order 2001, art. 38 High Court 19.1

Housing Act 1996, ss. 204 and 204A [>>Text] County Court 28.1

Immigration and Asylum Act 1999, Part II County Court 29.1

Immigration and Asylum Appeals CA 12.1

Inheritance Tax Act 1984, s. 222 High Court 5.1 and 23.1

Land Registration Act 2002 [>>Text] High Court 5.1 and 24.1

Law of Property Act 1922, para. 16 of Sch. 15 High Court 5.1

Local Government (Miscellaneous Provisions) Act 1976 County Court 30.1

Medical Act 1983, s. 40 High Court 19.1

Medicines Act 1968, ss. 82(3) and 83 High Court 19.1

Merchant Shipping Act 1995 [>>Text] High Court 25.1

Nurses, Midwives and Health Visitors Act 1997, s.12 High Court 19.1

Nursing and Midwifery Order 2001, art.38 High Court 19.1

Opticians Act 1989, s.23 High Court 19.1

Osteopaths Act 1993, s. 31 High Court 19.1

Patents Court: on appeal from Comptroller CA 13.1

Patents: Revocation of patent CA 14.1

Pensions Act 2004, ss.215 and 217 High Court 5.1

Pension Schemes Act 1993, s. 151 High Court 5.1

Pharmacy Act 1954 High Court 19.1

Pharmacy Order 2010, art. 58 High Court 19.1

Planning (Listed Buildings and Conservation Areas) Act 1990, s. 65 High Court 26.1

Proscribed Organisations Appeal Commission CA 15.1

Representation of the People Act 1983, s. 56 County Court 31.1-31.3

Serious Crime Prevention Orders CA 16.1

Solicitors Disciplinary Tribunal High Court 27.1

Special Immigration Appeals Commission CA 17.1

Stamp Duty Reserve Tax Regulations 1986, reg. 8 High Court 5.1 and 23.1

Town and Country Planning Act 1990, s. 289 High Court 26.1

UK Borders Act 2007, s.11 County Court 32.1

52DPD.7

APPEALS TO THE COURT OF APPEAL

Appeal against decree nisi of divorce or nullity of marriage or conditional dissolution or nullity order in relation to civil partnership

6.1 (1) The appellant must file the appellant's notice at the Court of Appeal within 28 days after the date on which the decree was pronounced or conditional order made.

(2) The appellant must file the following documents with the appellant's notice—

(a) the decree or conditional order; and

(b) a certificate of service of the appellant's notice.

(3) The appellant's notice must be served on the appropriate district judge (see sub-paragraph (6)) in addition to the persons to be served under rule 52.4(3) and in accordance with that rule.

(4) The lower court may not alter the time limits for filing of the appeal notices.

(5) Where an appellant intends to apply to the Court of Appeal for an extension of time for serving or filing the appellant's notice the appellant must give notice of that intention to the appropriate district judge (see sub-paragraph 6) before the application is made.

(6) In this paragraph "the appropriate district judge" means, where the lower court is—

(a) a county court, the district judge of that court;

(b) a district registry, the district judge of that registry;

© the Principal Registry of the Family Division, the senior district judge of that division.

52DPD.8

Appeals relating to the application of Articles 101 and 102 of the Treaty on the Functioning of the European Union and Chapters I and II of Part I of the Competition Act 1998

7.1 (1) This paragraph applies to any appeal to the Court of Appeal relating to the application of—

(a) Article 101 or Article 102 of the Treaty on the Functioning of the European Union; or

(b) Chapter I or Chapter II of Part I of the Competition Act 1998.

(2) In this paragraph—

(a) "the Act" means the Competition Act 1998;

(b) "the Commission" means the European Commission;

© "the Competition Regulation" means Council Regulation (EC) No. 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty establishing the European Community (as amended in consequence of the Treaty on the Functioning of the European Union);

(d) "national competition authority" means—the Office of Fair Trading; andany other person or body designated pursuant to Article 35 of the Competition Regulation as a national competition authority of the United Kingdom;

(e) "the Treaty" means the Treaty on the Functioning of the European Union.

(3) Any party whose appeal notice raises an issue relating to the application of Article 101 or 102 of the Treaty, or Chapter I or II of Part I of the Act [>>Text], must—

(a) state that fact in the appeal notice; and

(b) serve a copy of the appeal notice on the Office of Fair Trading at the same time as it is served on the other party to the appeal (addressed to the Director of Competition Policy Co-ordination, Office of Fair Trading, Fleetbank House, 2-6 Salisbury Square, London EC4Y 8JX).

(4) Attention is drawn to the provisions of article 15.3 of the Competition Regulation, which entitles competition authorities and the Commission to submit written observations to national courts on issues relating to the application of Article 101 or 102 and, with the permission of the court in question, to submit oral observations to the court.

(5) A national competition authority may also make written observations to the Court of Appeal, or apply for permission to make oral observations, on issues relating to the application of Chapter I or II.

(6) If a national competition authority or the Commission intends to make written observations to the Court of Appeal, it must give notice of its intention to do so by letter to the Civil Appeals Office at the earliest opportunity.

(7) An application by a national competition authority or the Commission for permission to make oral representations at the hearing of an appeal must be made by letter to the Civil Appeals Office at the earliest opportunity, identifying the appeal and indicating why the applicant wishes to make oral representations.

(8) If a national competition authority or the Commission files a notice under sub-paragraph (6) or an application under sub-paragraph (7), it must at the same time serve a copy of the notice or application on every party to the appeal.

(9) Any request by a national competition authority or the Commission for the court to send it any documents relating to an appeal should be made at the same time as filing a notice under sub-paragraph (6) or an application under sub-paragraph (7).

(10) When the Court of Appeal receives a notice under sub-paragraph (6) it may give case management directions to the national competition authority or the Commission, including directions about the date by which any written observations are to be filed.

(11) The Court of Appeal will serve on every party to the appeal a copy of any directions given or order made—

(a) on an application under sub-paragraph (7); or

(b) under sub-paragraph (10).

(12) Every party to an appeal which raises an issue relating to the application of Article 101 or 102, and any national competition authority which has been served with a copy of a party's appeal notice, is under a duty to notify the Court of Appeal at any stage of the appeal if they are aware that—

(a) the Commission has adopted, or is contemplating adopting, a decision in relation to proceedings which it has initiated; and

(b) the decision referred to in (a) above has or would have legal effects in relation to the particular agreement, decision or practice in issue before the court.

(13) Where the Court of Appeal is aware that the Commission is contemplating adopting a decision as mentioned in sub-paragraph (12)(a), it shall consider whether to stay the appeal pending the Commission's decision.

(14) Where any judgment is given which decides on the application of Article 101 or 102, the court shall direct that a copy of the transcript of the judgment shall be sent to the Commission. Judgments may be sent to the Commission electronically to [email protected] or by post to the European Commission DG Competition, B–1049, Brussels.

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52DPD.9

Appeal from Competition Appeal Tribunal

8.1 (1) Where the appellant applies for permission to appeal at the hearing at which the decision is delivered by the tribunal and—

(a) permission is given; or

(b) permission is refused and the appellant wishes to make an application to the Court of Appeal for permission to appeal,the appellant's notice must be filed at the Court of Appeal within 14 days after the date of that hearing.

(2) Where the appellant applies in writing to the Registrar of the tribunal for permission to appeal and—

(a) permission is given; or

(b) permission is refused and the appellant wishes to make an application to the Court of Appeal for permission to appeal,the appellant's notice must be filed at the Court of Appeal within 14 days after the date of receipt of the tribunal's decision on permission.

(3) Where the appellant does not make an application to the tribunal for permission to appeal, but wishes to make an application to the Court of Appeal for permission, the appellant's notice must be filed at the Court of Appeal within 14 days after the end of the period within which the appellant may make a written application to the Registrar of the tribunal.

52DPD.10

Appeals in cases of contempt of court (section 13 Administration of Justice Act 1960)

9.1 In an appeal under section 13 of the Administration of Justice Act 1960 (appeals in cases of contempt of court), the appellant must serve the appellant's notice on the court or the Upper Tribunal from whose order or decision the appeal is brought in addition to the persons to be served under rule 52.4(3) and in accordance with that rule.

52DPD.11

Appeal from the Court of Protection

10.1 (1) In this paragraph—

(a) "P" means a person who lacks, or who is alleged to lack, capacity within the meaning of the Mental Capacity Act 2005 [>>Text] to make a decision or decisions in relation to any matter that is subject to an order of the Court of Protection;

(b) "the person effecting notification" means—the appellant;an agent duly appointed by the appellant; orsuch other person as the Court of Protection may direct, who is required to notify P in accordance with this paragraph; and

© "final order" means a decision of the Court of Appeal that finally determines the appeal proceedings before it.

(2) Where P is not a party to the proceedings, unless the Court of Appeal directs otherwise, the person effecting notification must notify P—

(a) that an appellant's notice has been filed with the Court of Appeal and—who the appellant is;what final order the appellant is seeking;what will happen if the Court of Appeal makes the final order sought by the appellant; andthat P may apply under rule 52.12A (Statutory appeals: court's power to hear any person) by letter for permission to file evidence or make representations at the appeal hearing;

(b) of the final order, the effect of the final order and what steps P can take in relation to it; and

© of such other events and documents as the Court of Appeal may direct.(Paragraphs 3.6 to 3.8 of this Practice Direction 52D contain provisions on how a third party can apply for permission to file evidence or make representations at an appeal hearing.)

(3) The person effecting notification must provide P with the information specified in sub-paragraph (2)—

(a) within 14 days of the date on which the appellant's notice was filed with the Court of Appeal;

(b) within 14 days of the date on which the final order was made; or

© within such time as the Court of Appeal may direct,as the case may be.

(4) The person effecting notification must provide P in person with the information specified in sub-paragraph (2) in a way that is appropriate to P's circumstances (for example, using simple language, visual aids or any other appropriate means).

(5) Where P is to be notified as to—

(a) the existence or effect of a document other than the appellant's notice or final order; or

(b) the taking place of an event,the person effecting notification must explain to P—in the case of a document, what the document is and what effect, if any, it has; orin the case of an event, what the event is and its relevance to P.

(6) The person effecting notification must, within 7 days of notifying P, file a certificate of notification (Form N165) which certifies—

(a) the date on which P was notified; and

(b) that P was notified in accordance with this paragraph.

(7) Where the person effecting notification has not notified P in accordance with this paragraph, a certificate of non-notification (Form N165) must be filed with the Court of Appeal stating the reason why notification has not been effected.

(8) Where the person effecting notification must file a certificate of non-notification with the Court of Appeal, the certificate must be filed within the following time limits—

(a) where P is to be notified in accordance with sub-paragraph (2)(a) (appellant's notice), within 21 days of the appellant's notice being filed with the Court of Appeal;

(b) where P is to be notified in accordance with sub-paragraph (2)(b) (final order), within 21 days of the final order being made by the Court of Appeal; or

© where P is to be notified of such other events and documents as may be directed by the Court of Appeal, within such time as the Court of Appeal directs.

(9) The appellant or such other person as the Court of Appeal may direct may apply to the Court of Appeal seeking an order—

(a) dispensing with the requirement to comply with the provisions of this paragraph; or

(b) requiring some other person to comply with the provisions of this paragraph.

(10) An application made under sub-paragraph (9) may be made in the appellant's notice or by Part 23 [>>Text] application notice.

(Paragraphs 6.1 to 6.3 of Practice Direction 52A contain provisions about the dismissal of applications or appeals by consent. Paragraph 6.5 of Practice Direction 52A contains provisions about allowing unopposed appeals or applications involving a child or protected party.)

52DPD.12

Appeal from Employment Appeal Tribunal

11.1 (1) This paragraph applies to an appeal to the Court of Appeal from the Employment Appeal Tribunal (EAT) under section 37 of the Employment Tribunals Act 1996.

(2) If an application for permission to appeal to the Court of Appeal is refused by the EAT or is not made, then such an application must be made to the Court of Appeal within 21 days of the date of sealed order of the EAT.

(3) An application for extension of time for filing an appellant's notice may be entertained by the EAT but such applications should normally be made to the Court of Appeal.

52DPD.13

Immigration and Asylum Appeals

12.1 The provisions of paragraph 28 of Practice Direction 52C (bundle of documents in immigration appeals and asylum appeals) apply to appeals from the Upper Tribunal Immigration and Asylum Chamber.

52DPD.14

Appeal from Patents Court on appeal from Comptroller

13.1 Where the appeal is from a decision of the Patents Court which was itself made on an appeal from a decision of the Comptroller-General of Patents, Designs and Trade Marks, the appellant must serve the appellant's notice on the Comptroller in addition to the persons to be served under rule 52.4(3) and in accordance with that rule.

52DPD.15

Appeal against order for revocation of patent

14.1 (1) This paragraph applies where an appeal lies to the Court of Appeal from an order for the revocation of a patent.

(2) The appellant must serve the appellant's notice on the Comptroller-General of Patents, Designs and Trade Marks (the "Comptroller") in addition to the persons to be served under rule 52.4(3) and in accordance with that rule.

(3) Where, before the appeal hearing, the respondent decides not to oppose the appeal or not to attend the appeal hearing, the respondent must immediately serve notice of that decision on—

(a) the Comptroller; and

(b) the appellant.

(4) Where the respondent serves a notice in accordance with sub-paragraph (3), copies of the following documents must also be served on the Comptroller with that notice—

(a) the petition;

(b) any statements of claim;

© any written evidence filed in the claim.

(5) Within 14 days after receiving the notice in accordance with sub-paragraph (3), the Comptroller must serve on the appellant a notice stating an intention to attend the appeal hearing or otherwise.

(6) The Comptroller may attend the appeal hearing and oppose the appeal—

(a) in any case where notice has been given under paragraph (5) of the intention to attend; and

(b) in any other case (including, in particular, a case where the respondent withdraws his opposition to the appeal during the hearing) if the Court of Appeal so directs or permits.

52DPD.16

Appeal from Proscribed Organisations Appeal Commission

15.1 The appellant's notice must be filed at the Court of Appeal within 14 days after the date when the Proscribed Organisations Appeal Commission—

(a) granted; or

(b) where section 6(2)(b) of the Terrorism Act 2000 applies, refused permission to appeal.

52DPD.17

Appeals in relation to serious crime prevention orders

16.1 (1) This paragraph applies to an appeal under section 23(1) of the Serious Crime Act 2007 or section 16 of the Senior Courts Act 1981 [>>Text] in relation to a serious crime prevention order and is made.

(2) The appellant must serve the appellant's notice on any person who made representations in the proceedings by virtue of section 9(1), (2) or (3) of the Serious Crime Act 2007 in addition to the persons to be served under rule 52.4(3) and in accordance with that rule.

52DPD.18

Appeal from Special Immigration Appeals Commission

17.1 (1) An application for permission to appeal to the Court of Appeal must first be made to the Special Immigration Appeals Commission pursuant to section 7(2) of the Special Immigration Appeals Commission Act 1997 and paragraph 27 of the SIAC (Procedure) Rules 2003 (as amended).

(2) The appellant's notice must be filed at the Court of Appeal within 21 days of the date on which the Special Immigration Appeals Commission's decision granting or refusing permission to appeal to the Court of Appeal is given.

52DPD.19

APPEALS TO THE HIGH COURT

Reference of question of law by Agricultural Land Tribunal

18.1 (1) A question of law referred to the High Court by an Agricultural Land Tribunal under section 6 of the Agriculture (Miscellaneous Provisions) Act 1954 shall be referred by way of case stated by the Tribunal.

(2) Where the proceedings before the tribunal arose on an application under section 11 of the Agricultural Holdings Act 1986, an—

(a) application notice for an order under section 6 that the tribunal refers a question of law to the court; and

(b) appellant's notice by which an appellant seeks the court's determination on a question of law,must be served on the authority having power to enforce the statutory requirement specified in the notice in addition to every other party to those proceedings and on the secretary of the tribunal.

(3) Where, in accordance with sub-paragraph (2), a notice is served on the authority mentioned in that paragraph, that authority may attend the appeal hearing and make representations to the court.

52DPD.20

Appeals against decisions affecting the registration of architects and health care professionals

19.1 (1) This paragraph applies to an appeal to the High Court under—

(a) section 22 of the Architects Act 1997;

(b) section 31 of the Chiropractors Act 1994.

© section 29 or section 44 of the Dentists Act 1984;

(d) article 38 of the Health Professions Order 2001;

(e) section 40 of the Medical Act 1983;

(f) section 82(3) and 83(2) of the Medicines Act 1968;

(g) section 12 of the Nurses, Midwives and Health Visitors Act 1997;

(h) article 38 of the Nursing and Midwifery Order 2001;

(i) section 23 of the Opticians Act 1989;

(j) section 31 of the Osteopaths Act 1993;

(k) section 10 of the Pharmacy Act 1954;

(l) article 58 of the Pharmacy Order 2010.

(2) Every appeal to which this paragraph applies must be supported by written evidence and, if the court so orders, oral evidence and will be by way of re-hearing.

(3) The appellant must file the appellant's notice within 28 days after the decision that the appellant wishes to appeal.

(4) In the case of an appeal under an enactment specified in column 1 of the following table, the persons to be made respondents are the persons specified in relation to that enactment in column 2 of the table and the person to be served with the appellant's notice is the Registrar of the relevant Council.

1. Enactment 2. Respondent

Architects Act 1997, s. 22 The Architects' Registration Council of the United Kingdom

Chiropractors Act 1994, s. 31 The General Chiropractic Council

Dentists Act 1984, ss. 29 and 44 The General Dental Council

Health Professions Order 2001, art. 38 The Health Professions Council

Medical Act 1983, s. 40 The General Medical Council

Medicines Act 1968, s. 82(3) and s. 83(2) The Pharmaceutical Society of Great Britain

Nurses, Midwives and Health Visitors Act 1997, s.12; Nursing and Midwifery Order 2001, art. 38 The Nursing and Midwifery Council

Opticians Act 1989, s.23 The General Optical Council

Osteopaths Act 1993, s. 31 The General Osteopathic Council

Pharmacy Act 1954, s.10 The Royal Pharmaceutical Society of Great Britain

Pharmacy Order 2010, art. 58 The General Pharmaceutical Council

52DPD.21

Appeals under regulation 74 of the European Public Limited-Liability Company Regulations 2004

20.1 (1) In this paragraph—

(a) "the 2004 Regulations" means the European Public Limited-Liability Company Regulations 2004;

(b) "the EC Regulation" means Council Regulation (EC) No 2157/2001 of 8 October 2001 on the Statute for a European company (SE);

© "SE" means a European public limited-liability company (Societas Europaea) within the meaning of Article 1 of the EC Regulation.

(2) This paragraph applies to appeals under regulation 74 of the 2004 Regulations against the opposition—

(a) of the Secretary of State or national financial supervisory authority to the transfer of the registered office of an SE under Article 8(14) of the EC Regulation; and

(b) of the Secretary of State to the participation by a company in the formation of an SE by merger under Article 19 of the EC Regulation.

(3) Where an SE seeks to appeal against the opposition of the national financial supervisory authority to the transfer of its registered office under Article 8(14) of the EC Regulation, it must serve the appellant's notice on both the national financial supervisory authority and the Secretary of State.

(4) The appellant's notice must contain an application for permission to appeal.

(5) The appeal will be a review of the decision of the Secretary of State and not a re-hearing. The grounds of review are set out in regulation 74(2) of the 2004 Regulations.

(6) The appeal will be heard by a High Court judge.

52DPD.22

Appeals under the Extradition Act 2003

21.1 (1) In this paragraph, "the Act" means the Extradition Act 2003.

(2) Appeals to the High Court under the Act must be started in the Administrative Court of the Queen's Bench Division at the Royal Courts of Justice in London.

(3) Where an appeal is brought under section 26 or 28 of the Act—

(a) the appellant's notice must be filed and served before the expiry of 7 days, starting with the day on which the order is made;

(b) the appellant must endorse the appellant's notice with the date of the person's arrest;

© the High Court must begin to hear the substantive appeal within 40 days of the person's arrest; and

(d) the appellant must serve a copy of the appellant's notice on the Crown Prosecution Service, if they are not a party to the appeal, in addition to the persons to be served under rule 52.4(3) and in accordance with that rule.

(4) The High Court may extend the period of 40 days under sub-paragraph (3)© if it believes it to be in the interests of justice to do so.

(5) Where an appeal is brought under section 103 of the Act, the appellant's notice must be filed and served before the expiry of 14 days, starting with the day on which the Secretary of State informs the person under section 100(1) or (4) of the Act that an order has been made in respect of the person.

(6) Where an appeal is brought under section 105 of the Act, the appellant's notice must be filed and served before the expiry of 14 days, starting with the day on which the order for discharge is made.

(7) Where an appeal is brought under section 108 of the Act the appellant's notice must be filed and served before the expiry of 14 days, starting with the day on which the Secretary of State informs the person that an order for extradition has been made.

(8) Where an appeal is brought under section 110 of the Act the appellant's notice must be filed and served before the expiry of 14 days, starting with the day on which the Secretary of State informs the person acting on behalf of a category 2 territory, as defined in section 69 of the Act, of the order for discharge.

(Section 69 of the Act [>>Text] provides that a category 2 territory is that designated for the purposes of Part 2 of the Act [>>Text].)

(9) Subject to sub-paragraph (10), where an appeal is brought under section 103, 105, 108 or 110 of the Act, the High Court must begin to hear the substantive appeal within 76 days of the appellant's notice being filed.

(10) Where an appeal is brought under section 103 of the Act before the Secretary of State has decided whether the person is to be extradited—

(a) the period of 76 days does not start until the day on which the Secretary of State informs the person of the decision; and

(b) the Secretary of State must, as soon as practicable after the person has been informed of the decision, inform the High Court—of the decision; andof the date on which the person was informed of the decision.

(11) The High Court may extend the period of 76 days if it believes it to be in the interests of justice to do so.

(12) Where an appeal is brought under section 103, 105, 108 or 110 of the Act, the appellant must serve a copy of the appellant's notice on—

(a) the Crown Prosecution Service; and

(b) the Home Office,if they are not a party to the appeal, in addition to the persons to be served under rule 52.4(3) and in accordance with that rule.

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52DPD.23

Appeals affecting industrial and provident societies etc.

22.1 (1) This paragraph applies to all appeals under—

(a) the Friendly Societies Act 1974;

(b) the Friendly Societies Act 1992; and

© the Industrial and Provident Societies Act 1965.

(2) At any stage on an appeal, the court may—

(a) direct that the appellant's notice be served on any person;

(b) direct that notice be given by advertisement or otherwise of—the bringing of the appeal;the nature of the appeal; andthe time when the appeal will or is likely to be heard; or

© give such other directions as it thinks proper to enable any person interested in—the society, trade union, alleged trade union or industrial assurance company; orthe subject matter of the appeal,to appear and be heard at the appeal hearing.

52DPD.24

Appeals under section 222 of the Inheritance Tax Act 1984 and regulation 8(3) of the Stamp Duty Reserve Tax Regulations 1986

23.1 (1) This paragraph applies to appeals to the High Court under section 222(3) of the Inheritance Tax Act 1984 (the "1984 Act") and regulation 8(3) of the Stamp Duty Reserve Tax Regulations 1986 (the "1986 Regulations").

(2) The appellant's notice must—

(a) state the date on which the Commissioners for Her Majesty's Revenue and Customs (the "Board") gave notice to the appellant under section 221 of the 1984 Act or regulation 6 of the 1986 Regulations of the determination that is the subject of the appeal;

(b) state the date on which the appellant gave to the Board notice of appeal under section 222(1) of the 1984 Act or regulation 8(1) of the 1986 Regulations and, if notice was not given within the time permitted, whether Her Majesty's Revenue and Customs (HMRC) have given their consent or the tribunal has given permission for notice to be given after the time permitted, and where applicable, the date of such consent or permission; and

© either state that the appellant and the Board have agreed that the appeal may be to the High Court or contain an application for permission to appeal to the High Court.

(3) The appellant must file the following documents with the appellant's notice—

(a) 2 copies of the notice referred to in sub-paragraph 2(a);

(b) 2 copies of the notice of appeal (under section 222(1) of the 1984 Act or regulation 8(1) of the 1986 Regulations) referred to in paragraph 2(b); and

© where the appellant's notice contains an application for permission to appeal, written evidence setting out the grounds on which it is alleged that the matters to be decided on the appeal are likely to be substantially confined to questions of law.

(4) The appellant must—

(a) file the appellant's notice at the court; and

(b) serve the appellant's notice on the Board,within 30 days of the date on which the appellant gave to the Board notice of appeal under section 222(1) of the 1984 Act or regulation 8(1) of the 1986 Regulations or, if HMRC have given consent or the tribunal has given permission for notice to be given after the time permitted, within 30 days of the date on which such consent or permission was given.

(5) The court will set a date for the hearing of not less than 40 days from the date that the appellant's notice was filed.

(6) Where the appellant's notice contains an application for permission to appeal—

(a) a copy of the written evidence filed in accordance with sub-paragraph (3)© must be served on the Board with the appellant's notice; and

(b) the Board—may file written evidence; andif it does so, must serve a copy of that evidence on the appellant, within 30 days after service of the written evidence under sub-paragraph (6)(a).

(7) The appellant may not rely on any grounds of appeal not specified in the notice referred to in sub-paragraph (2)(b) on the hearing of the appeal without the permission of the court.

52DPD.25

Appeal against a decision of the adjudicator under section 111 of the Land Registration Act 2002

24.1 (1) A person who is aggrieved by a decision of the adjudicator and who wishes to appeal that decision must obtain permission to appeal.

(2) The appellant must serve on the adjudicator a copy of the appeal court's decision on a request for permission to appeal as soon as reasonably practicable and in any event within 14 days of receipt by the appellant of the decision on permission.

(3) The appellant must serve on the adjudicator and the Chief Land Registrar a copy of any order by the appeal court to stay a decision of the adjudicator pending the outcome of the appeal as soon as reasonably practicable and in any event within 14 days of receipt by the appellant of the appeal court's order to stay.

(4) The appellant must serve on the adjudicator and the Chief Land Registrar a copy of the appeal court's decision on the appeal as soon as reasonably practicable and in any event within 14 days of receipt by the appellant of the appeal court's decision.

52DPD.26

Appeals under the Merchant Shipping Act 1995

25.1 (1) This paragraph applies to appeals under the Merchant Shipping Act 1995 [>>Text] and for this purpose a re-hearing and an application under section 61 of the Merchant Shipping Act 1995 [>>Text] are treated as appeals.

(2) The appellant must file any report to the Secretary of State containing the decision from which the appeal is brought with the appellant's notice.

(3) Where a re-hearing by the High Court is ordered under sections 64 or 269 of the Merchant Shipping Act 1995 [>>Text], the Secretary of State must give reasonable notice to the parties whom he considers to be affected by the re-hearing.

52DPD.27

Appeals under s 289(6) of the Town and Country Planning Act 1990 and s 65(5) of the Planning (Listed Buildings and Conservation Areas) Act 1990

26.1 (1) An application for permission to appeal to the High Court under section 289 of the Town and Country Planning Act 1990 ("the TCP Act") or section 65 of the Planning (Listed Buildings and Conservation Areas) Act 1990 ("the PLBCA Act") must be made within 28 days after notice of the decision is given to the applicant.

(2) The application—

(a) must be in writing and must set out the reasons why permission should be granted; and

(b) if the time for applying has expired, must include an application to extend the time for applying, and must set out the reasons why the application was not made within that time.

(3) The applicant must, before filing the application, serve a copy of it on the persons referred to in sub-paragraph (12) with the draft appellant's notice and a copy of the witness statement or affidavit to be filed with the application.

(4) The applicant must file the application in the Administrative Court Office with—

(a) a copy of the decision being appealed;

(b) a draft appellant's notice;

© a witness statement or affidavit verifying any facts relied on; and

(d) a witness statement or affidavit giving the name and address of, and the place and date of service on, each person who has been served with the application. If any person who ought to be served has not been served, the witness statement or affidavit must state that fact and the reason why the person was not served.

(5) An application will be heard—

(a) by a single judge; and

(b) unless the court otherwise orders, not less than 21 days after it was filed at the Administrative Court Office.

(6) Practice Direction 54D applies to applications and appeals under this paragraph.

(7) Any person served with the application is entitled to appear and be heard.

(8) Any respondent who intends to use a witness statement or affidavit at the hearing—

(a) must file it in the Administrative Court Office; and

(b) must serve a copy on the applicant as soon as is practicable and in any event, unless the court otherwise allows, at least 2 days before the hearing.

(9) The court may allow the applicant to use a further witness statement or affidavit.

(10) Where on the hearing of an application the court is of the opinion that a person who ought to have been served has not been served, the court may adjourn the hearing, on such terms as it directs, in order that the application may be served on that person.

(11) Where the court grants permission—

(a) it may impose terms as to costs and as to giving security;

(b) it may give directions; and

© the relevant appellant's notice must be served and filed within 7 days of the grant.

(12) The persons to be served with the appellant's notice are—

(a) the Secretary of State;

(b) the local planning authority who served the notice or gave the decision, as the case may be, or, where the appeal is brought by that authority, the appellant or applicant in the proceedings in which the decision appealed against was given;

© in the case of an appeal brought by virtue of section 289(1) of the TCP Act or section 65(1) of the PLBCA Act, any other person having an interest in the land to which the notice relates; and

(d) in the case of an appeal brought by virtue of section 289(2) of the TCP Act, any other person on whom the notice to which those proceedings related was served.

(13) The appeal will be heard and determined by a single judge unless the court directs that the matter be heard and determined by a Divisional Court.

(14) The court may remit the matter to the Secretary of State to the extent necessary to enable the Secretary of State to provide the court with such further information in connection with the matter as the court may direct.

(15) Where the court is of the opinion that the decision appealed against was erroneous in point of law, it will not set aside or vary that decision but will remit the matter to the Secretary of State for re-hearing and determination in accordance with the opinion of the court.

(16) The court may give directions as to the exercise, until an appeal brought by virtue of section 289(1) of the TCP Act is finally concluded and any re-hearing and determination by the Secretary of State has taken place, of the power to serve, and institute proceedings (including criminal proceedings) concerning—

(a) a stop notice under section 183 of that Act; and

(b) a breach of condition notice under section 187A of that Act.

52DPD.28

Appeals from decisions of the Law Society or the Solicitors Disciplinary Tribunal to the High Court

27.1 (1) This paragraph applies to appeals from the Law Society or the Solicitors Disciplinary Tribunal ("the Tribunal") to the High Court under the Solicitors Act 1974 [>>Text], Administration of Justice Act 1985 [>>Text], the Courts and Legal Services Act 1990 [>>Text], the European Communities (Lawyer's Practice) Regulations 2000 or the European Communities (Recognition of Professional Qualifications) Regulations 2007.

(2) The appellant must file the appellant's notice in the Administrative Court.

(3) Unless the court otherwise orders the appellant must serve the appellant's notice on—

(a) every party to the proceedings before the Tribunal; and

(b) the Law Society.

52DPD.29

APPEALS TO THE COUNTY COURT

Appeals under sections 204 and 204A of the Housing Act 1996

28.1 (1) An appellant should include appeals under section 204 [>>Text] and section 204A of the Housing Act 1996 [>>Text] in one appellant's notice.

(2) If it is not possible to do so (for example because an urgent application under section 204A [>>Text] is required) the appeals may be included in separate appellant's notices.

(3) An appeal under section 204A [>>Text] may include an application for an order under section 204A(4)(a) [>>Text] requiring the authority to secure that accommodation is available for the applicant's occupation.

(4) If, exceptionally, the court makes an order under section 204A(4)(a) [>>Text] without notice, the appellant's notice must be served on the authority together with the order. Such an order will normally require the authority to secure that accommodation is available until a hearing date when the authority can make representations as to whether the order under section 204A(4)(a) [>>Text] should be continued.

(5) Unless the court orders otherwise—

(a) the appellant shall file and serve its proposed case management directions for the appeal together with the appellant's notice;

(b) the respondent shall within 14 days thereafter either agree those directions or file and serve alternative proposed directions;

© within 14 days after service of the appellant's notice the respondent must disclose any documents relevant to the decision under appeal, in so far as not previously disclosed;

(d) within 14 days after receipt of any documents disclosed under sub-paragraph © the appellant may make any amendments to its grounds of appeal which arise out of those documents.

52DPD.30

Appeal under Part II of the Immigration and Asylum Act 1999 (carriers' liability)

29.1 (1) A person appealing to a county court under section 35A or section 40B of the Immigration and Asylum Act 1999 ("the Act") against a decision by the Secretary of State to impose a penalty under section 32 or a charge under section 40 of the Act must, subject to sub-paragraph (2), file the appellant's notice within 28 days after receiving the penalty notice or charge notice.

(2) Where the appellant has given notice of objection to the Secretary of State under section 35(4) or section 40A(3) of the Act within the time prescribed for doing so, the appellant must file the appellant's notice within 28 days after receiving notice of the Secretary of State's decision in response to the notice of objection.

(3) Sections 35A and 40B of the Act provide that any appeal under those sections shall be a re-hearing of the Secretary of State's decision to impose a penalty or charge, and therefore rule 52.11(1) does not apply.

52DPD.31

Local Government (Miscellaneous Provisions) Act 1976

30.1 Where one of the grounds upon which an appeal against a notice under sections 21, 23 or 35 of the Local Government (Miscellaneous Provisions) Act Act 1976 is brought is that—

(a) it would have been fairer to serve the notice on another person; or

(b) that it would be reasonable for the whole or part of the expenses to which the appeal relates to be paid by some other person,that person must be made a respondent to the appeal, unless the court, on application of the appellant made without notice, otherwise directs.

52DPD.32

Representation of the People Act 1983—appeals against decisions of registration officers

31.1 (1) This paragraph applies in relation to an appeal against a decision of a registration officer, being a decision referred to in section 56(1) of the Representation of the People Act 1983 ("the Act").

(2) Where a person ("the appellant") has given notice of such an appeal in accordance with the relevant requirements of section 56, and of the regulations made under section 53 ("the Regulations"), of the Act, the registration officer must, within 7 days after the appellant receives the notice, forward—

(a) the notice; and

(b) the statement required by the Regulations,by post to the county court.

(3) The respondents to the appeal will be—

(a) the registration officer; and

(b) if the decision of the registration officer was given in favour of any other person than the appellant, that other person.

(4) On the hearing of the appeal—

(a) the statement forwarded to the court by the registration officer, and any document containing information submitted to the court by the registration officer pursuant to the Regulations, are admissible as evidence of the facts stated in them; and

(b) the court—may draw any inference of fact that the registration officer might have drawn; andmay give any decision and make any order that the registration officer ought to have given or made.

(5) A respondent to an appeal (other than the registration officer) is not liable for nor entitled to costs, unless he appears before the court in support of the registration officer's decision.

(6) Rule 52.4 (appellant's notice) does not apply to an appeal to which this paragraph applies.

52DPD.33

Representation of the People Act 1983—special provision in relation to anonymous entries in the register

31.2 (1) In this paragraph—

(a) "anonymous entry" has the meaning given by section 9B(4) of the Representation of the People Act 1983;

(b) "appeal notice" means the notice required by regulation 32 of the Representation of the People (England and Wales) Regulations 2001.

(2) This paragraph applies to an appeal to a county court to which paragraph 31.1 (Representation of the People Act 1983—appeals against decisions of registration officers) applies if a party to the appeal is a person—

(a) whose entry in the register is an anonymous entry; or

(b) who has applied for such an entry.

(3) This paragraph also applies to an appeal to the Court of Appeal from a decision of a county court in an appeal to which paragraph 31.1 applies.

(4) The appellant may indicate in the appeal notice that an application for an anonymous entry has been applied for, or that the entry in the register is an anonymous entry.

(5) The respondent or any other person who applies to become a party to the proceedings may indicate in a respondent's notice or an application to join the proceedings that the entry in the register is an anonymous entry, or that an application has been made for an anonymous entry.

(6) Where the appellant gives such an indication in the appeal notice, the court will refer the matter to a district judge for directions about the further conduct of the proceedings, and, in particular, directions about how the matter should be listed in the court list.

(7) Where the court otherwise becomes aware that a party to the appeal is a person referred to in sub-paragraph (2), the court will give notice to the parties that no further step is to be taken until the court has given any necessary directions for the further conduct of the matter.

52DPD.34

Representation of the People Act 1983—appeals selected as test cases

31.3 (1) Where two or more appeals to which paragraph 31.1 (Representation of the People Act 1983—appeals against decisions of registration officers) applies involve the same point of law, the court may direct that one appeal ("the test-case appeal") is to be heard first as a test case.

(2) The court will send a notice of the direction to each party to all of those appeals.

(3) Where a notice under sub-paragraph (2) is served on any party to an appeal (other than the test-case appeal), that party may (within 7 days after the notice is served on that party) give notice to the court requesting the appeal to be heard and—

(a) the court will hear that appeal after the test-case appeal is disposed of;

(b) the court will give the parties to that appeal notice of the day on which it will be heard; and

© the party who gave the notice is not entitled to receive any costs of the separate hearing of that appeal unless the judge otherwise orders.

(4) Where no notice is given under sub-paragraph (3) within the period limited by that paragraph—

(a) the decision on the test-case appeal binds the parties to each of the other appeals;

(b) without further hearing, the court will make, in each other appeal, an order similar to the order in the test-case appeal; and

© the party to each other appeal who is in the same interest as the unsuccessful party to the selected appeal is liable for the costs of the test-case appeal in the same manner and to the same extent as the unsuccessful party to that appeal and an order directing the party to pay such costs may be made and enforced accordingly.

(5) Sub-paragraph (4)(a) does not affect the right to appeal to the Court of Appeal of any party to an appeal other than the test-case appeal.

52DPD.35

Appeals under section 11 of the UK Borders Act 2007

32.1 (1) A person appealing to a county court under section 11 of the UK Borders Act 2007 ("the Act") against a decision by the Secretary of State to impose a penalty under section 9(1) of the Act, must, subject to sub-paragraph (2), file the appellant's notice within 28 days after receiving the penalty notice.

(2) Where the appellant has given notice of objection to the Secretary of State under section 10 of the Act within the time prescribed for doing so, the appellant's notice must be filed within 28 days after receiving notice of the Secretary of State's decision in response to the notice of objection.

Practice Direction 52E—APPEALS BY WAY OF CASE STATED

52EPD.1

This Practice Direction supplements CPR Part 52

Contents of this Practice Direction

This Practice Direction is divided into the following sections:

1. Introduction: Appeals by way of case stated

2. Case stated by Crown Court or Magistrates' Court

3. Case stated by Minister, Government department, tribunal or other person

52EPD.2

Section 1 Introduction: Appeals by way of case stated

1.1 An appeal by case stated is an appeal to a superior court on the basis of a set of facts specified by the inferior court for the superior court to make a decision on the application of the law to those facts.

1.2 (1) This section applies where, under any enactment—

(a) an appeal lies to the court by way of case stated; or

(b) a question of law may be referred to the court by way of case stated.

(2) This section is subject to any provision governing a specific category of appeal in any enactment or Practice Direction 52A, 52B or 52D.

52EPD.3

Section 2 Case stated by Crown Court or Magistrates' Court

Application to state a case

2.1 The procedure for applying to the Crown Court or a Magistrates' Court to have a case stated for the opinion of the High Court is set out in the Criminal Procedure Rules.

52EPD.4

Filing of appellant's notice

2.2 An appellant must file the appellant's notice at the appeal court within 10 days of the date of the case stated by the court.

52EPD.5

Documents to be lodged

2.3 The appellant must lodge the following documents with the appellant's notice—

(a) the stated case;

(b) a copy of the judgment, order or decision in respect of which the case has been stated; and

© where the judgment, order or decision in respect of which the case has been stated was itself given or made on appeal, a copy of the judgment, order or decision appealed from.

52EPD.6

Service of appellant's notice

2.4 The appellant must serve the appellant's notice and accompanying documents on all respondents within 4 days after they are filed or lodged at the appeal court.

52EPD.7

Section 3 Case stated by Minister, Government department, tribunal or other person

Application to state a case

3.1 The procedure for applying to a Minister, Government department, tribunal or other person ("Minister or tribunal etc.") to have a case stated for the opinion of the court may be set out in—

(a) the enactment which provides for the right of appeal; or

(b) any rules of procedure relating to the Minister or tribunal etc.

52EPD.8

Signing of stated case by Minister or tribunal etc.

3.2 (1) A case stated by a tribunal must be signed by—

(a) the chairman or president (where there is one); or

(b) in any other instance, by the member or members,of the tribunal.

(2) A case stated by any other person must be signed by that person or by a person authorised to do so.

52EPD.9

Service of stated case by Minister or tribunal etc.

3.3 The Minister or tribunal etc. must serve the stated case on—

(a) the party who requested it; or

(b) the party as a result of whose application to the court the case was stated.

3.4 Where an enactment provides that a Minister or tribunal etc. may state a case or refer a question of law to the court by way of case stated without a request being made, the Minister or tribunal etc. must—

(a) serve the stated case on those parties that the Minister or tribunal etc. considers appropriate and on any other party who may be affected by the decision of the court; and

(b) give notice to every other party to the proceedings that the stated case has been served on the party named and on the date specified in the notice.

52EPD.10

Filing and service of appellant's notice

3.5 The party on whom the stated case was served must file the appellant's notice and the stated case at the appeal court and serve copies of the notice and stated case on—

(a) the Minister or tribunal etc. who stated the case; and

(b) every party to the proceedings to which the stated case relates, within 4 days after the stated case was served on that party.

3.6 Where paragraph 3.4 applies the Minister or tribunal etc. must—

(a) file an appellant's notice and the stated case at the appeal court; and

(b) serve copies of those documents on the persons served under paragraph 3.4 within 14 days after stating the case.

3.7 Where—

(a) a stated case has been served by the Minister or tribunal etc. in accordance with paragraph 3.3; and

(b) the party on whom the stated case was served does not file an appellant's notice in accordance with paragraph 3.5,any other party may file an appellant's notice with the stated case at the appeal court and serve a copy of the notice and the case on the persons listed in paragraph 3.5 within the period of time set out in paragraph 3.8.

3.8 The period of time referred to in paragraph 3.7 is 14 days from the last day on which the party on whom the stated case was served may file an appellant's notice in accordance with paragraph 3.5.

52EPD.11

Amendment of stated case

3.9 The court may amend the stated case or order it to be returned to the Minister or tribunal etc. for amendment and may draw inferences of fact from the facts stated in the case.

52EPD.12

Right of Minister or Government department to be heard on the appeal

3.10 Where the case is stated by a Minister or government department, that Minister or department, as the case may be, is entitled to appear on the appeal and to make representations to the court.

2EPD.13

Application for order to state a case

3.11 An application to the court for an order requiring a Minister or tribunal etc. to state a case for the decision of the court, or to refer a question of law to the court by way of case stated must be made to the court, which would be the appeal court if the case were stated.

3.12 An application to the court for an order directing a Minister or tribunal etc. to—

(a) state a case for determination by the court; or

(b) refer a question of law to the court by way of case stated, must be made in accordance with Part 23.

3.13 The application notice must contain—

(a) the grounds of the application;

(b) the question of law on which it is sought to have the case stated; and

© any reasons given by the Minister or tribunal etc. for the refusal to state a case.

3.14 The application notice must be filed at the appeal court and served on—

(a) the Minister, department, secretary of the tribunal or other person as the case may be; and

(b) every party to the proceedings to which the application relates, within 14 days after the appellant receives notice of the refusal of his request to state a case.

Kind regards

The Mould

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CPR links would be far more effective and easier for you TM.

 

 

Regards

 

 

Andy

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CPR links would be far more effective and easier for you TM.

 

 

Regards

 

 

Andy

 

 

Thank you dear friend, I am simply trying to give the op all the knowledge he needs to defeat this matter.

 

 

In the future I will indeed direct the op to the relevant CPR and any authorities thereto.

 

 

Godzilla

 

 

Kind regards

 

 

The Mould

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Okay a new development

 

Having a sort out before Christmas and have just come across a letter sent to a DCA in 2011 with a CCA request and photocopy of a postal order.

So it seems that as well as sending Lloyds a CCA we also sent one of their many DCA's a CCA too. That means that we have now requested this info at least 3 times and each time there has been no response.

 

It looks like what they do is leave it a few years then try again hoping you have lost the initial CCA request.

 

So very important lesson learned. From now on I'm creating a folder specifically to file CCA requests and proof of postage receipts.

 

I wonder what lowell will make of this latest revelation.

 

So far even after two emails and a phone call to BW Legal requesting their intentions they have not let us know if they intend to break their promise (not to go for bankruptcy before supplying the CCA) and keep repeating they are awaiting instructions from their client!!!

 

Come on Lowell how hard can it be to decide if you really have a case???

Mmmmm

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Okay a new development

 

Having a sort out before Christmas and have just come across a letter sent to a DCA in 2011 with a CCA request and photocopy of a postal order.

So it seems that as well as sending Lloyds a CCA we also sent one of their many DCA's a CCA too. That means that we have now requested this info at least 3 times and each time there has been no response.

 

It looks like what they do is leave it a few years then try again hoping you have lost the initial CCA request.

 

So very important lesson learned. From now on I'm creating a folder specifically to file CCA requests and proof of postage receipts.

 

I wonder what lowell will make of this latest revelation.

 

So far even after two emails and a phone call to BW Legal requesting their intentions they have not let us know if they intend to break their promise (not to go for bankruptcy before supplying the CCA) and keep repeating they are awaiting instructions from their client!!!

 

Come on Lowell how hard can it be to decide if you really have a case???

Mmmmm

 

 

Then you have irrefutable evidence that the creditor has not complied with his obligations imposed upon him under sections 77(4)(A) & 78(6)(A) of CCA 1974 (as amended), therefore, the creditor is not entitled to enforce the credit agreement in contravention of the same, and so it follows that the SD must be set aside.

You must bring the above facts to the attention of the judge at the SD hearing and request your costs in this matter.

Kind regards

The Mould

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Hi Mould

 

We already lost the SD hearing remember. had a BAD judge!

 

And the cost to appeal in the high Court is A Whopping £235 which we do not have this close to Christmas.

However, Lowwel and co don't know what's coming. I have a plan which I can't say too much about now for fear of snooping trolls.

 

I'm sure you understand my good man.

 

Needless to say though I will be back once said plan has been deployed and shall share with you and all what happens.

 

Have a great Xmas Mould and all

 

Best wishes for 2014

 

PS I hope you have some positive progress with your health too Mould. Take care of yourself.

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