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Appealing strike out order

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Hi

Hoping someone can help.

As when I have tried to research this subject I cannot seem to find any definite clarification.

So my question is how long does someone have to appeal a general form of judgement or order which has been struck out in the county court?

 

 

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Appellant’s notice

52.12

(1) Where the appellant seeks permission from the appeal court, it must be requested in the appellant’s notice.

(2) The appellant must file the appellant’s notice at the appeal court within—

(a) such period as may be directed by the lower court (which may be longer or shorter than the period referred to in sub-paragraph (b)); or

(b) where the court makes no such direction, and subject to the specific provision about time limits in rules 52.8 to 52.11 and Practice Direction 52D, 21 days after the date of the decision of the lower court which the appellant wishes to appeal.

(3) Subject to paragraph (4) and unless the appeal court orders otherwise, an appellant’s notice must be served on each respondent—

(a) as soon as practicable; and

(b) in any event not later than 7 days,

after it is filed.

(4) Where an appellant seeks permission to appeal against a decision to refuse to grant an interim injunction under section 41 of the Policing and Crime Act 20093, the appellant is not required to serve the appellant’s notice on the respondent.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part52


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So do I take it that they have to apply to the county court first to see if they can appeal the order first?

How long are they allowed before the time runs out before they cannot appeal is it the 21 day from the original strike out order

Or have I read this all wrong, sorry if I have

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Correct..depends if judgment/order was given with leave to appeal or not ....if not ....permission would be required


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ok I think I understand now,  permission would be required.

So how long do they get to put in for permission to appeal is there a time limit?

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Thank you for your help, still confused but never mind I will sit and wait I will learn going along.

 

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If you have exceeded the time to appeal then you need to request permission to appeal out of time.

 

Have a read of the following ..hopefully it will then make sense.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part52/practice-direction-52b-appeals-in-the-county-courts-and-high-court

 

https://civillitigationbrief.wordpress.com/2014/12/16/extensions-of-time-to-appeal-mitchell-and-denton-principles-remain-important/


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Practice Direction 52B - appeals in the County Court and high court

 

SECTION IV – INITIATING AN APPEAL

4.1 An appellant’s notice (Form N161 or, in respect of a small claim, Form N164) must be filed and served in all cases. The appellant’s notice must be accompanied by the appropriate fee or, if appropriate, a fee remission application or certificate.

 

You can ask for permission to appeal in the Appellant’s notice.

 

Appeals against a decision/order made by a District Judge (DJ) must be made to a Circuit Judge (CJ). The time limit is 21 days from the date of the decision/order.
 

Appellant’s notice must be filed at the correct Appeal court, see the table below which will help you to find the correct Appeal court.

 

 

Table A – Table of appeal centres for each circuit     

Circuit

Court

Appeal Centre

Midland

 

 

 

Birmingham CJC

Birmingham CJC

 

Boston

Lincoln

 

Burton -upon-Trent

Nottingham

 

Chesterfield

Nottingham

 

Coventry

Coventry

 

Derby

Nottingham

 

Dudley

Walsall

 

Hereford

Worcester

 

 

Northampton

 

Kidderminster

Worcester

 

Leicester

Leicester

 

Lincoln

Lincoln

 

Mansfield

Nottingham

 

Northampton

Northampton

 

Nottingham

Nottingham

 

Nuneaton

Coventry

 

Redditch

Worcester

 

Stafford

Stoke-on-Trent

 

Stoke-on-Trent

Stoke-on-Trent

 

Telford

Telford

 

Walsall

Walsall

 

Warwick

Coventry

 

Wolverhampton

Walsall

 

Worcester

Worcester

North East

 

 

 

Barnsley

Sheffield

 

Bradford

Bradford

 

Darlington

Teesside

 

Doncaster

Sheffield

 

Durham

Newcastle-upon-Tyne

 

Gateshead

Newcastle-upon-Tyne

 

Grimsby

Kingston-upon-Hull

 

Harrogate

Leeds

 

Huddersfield

Bradford

 

Kingston-upon-Hull

Kingston-upon-Hull

 

Leeds

Leeds

 

Newcastle-upon-Tyne

Newcastle-upon-Tyne

 

North Shields

Newcastle-upon-Tyne

 

Scarborough

Leeds

 

Sheffield

Sheffield

 

Skipton

Bradford

 

South Shields

Newcastle-upon-Tyne

 

Sunderland

Newcastle-upon-Tyne

 

Teesside

Teesside

 

Wakefield

Leeds

 

York

Leeds

Northern

 

 

 

Barrow-in-Furness

Carlisle

 

Birkenhead

Liverpool

 

Blackburn

Preston

 

Blackpool

Preston

 

 

Manchester CJC

 

Burnley

Preston

 

 

Manchester CJC

 

Carlisle

Carlisle

 

Chester CJC

Chester CJC

 

Crewe

Chester CJC

 

 

Carlisle

 

 

Lancaster

Preston

 

 

Liverpool

Liverpool

 

 

Manchester CJC

Manchester CJC

 

 

 

Manchester CJC

 

 

Preston

Preston

 

 

St Helens

Liverpool

 

 

Stockport

Manchester CJC

 

 

West Cumbria

Carlisle

 

 

Wigan

Manchester CJC

 

Wales

 

 

 

 

Aberystwyth

Swansea

 

 

Blackwood

Cardiff CJC

 

 

Caernarfon

Wrexham

 

 

Cardiff

Cardiff CJC

 

 

Carmarthen

Swansea

 

 

Conwy & Colwyn

Wrexham

 

 

Haverfordwest

Swansea

 

 

Llanelli

Swansea

 

 

 

Wrexham

 

 

Merthyr Tydfil

Cardiff CJC

 

 

Mold

Wrexham

 

 

Newport (Gwent)

Cardiff CJC

 

 

Pontypridd

Cardiff CJC

 

 

Port Talbot

Swansea

 

 

Prestatyn

Wrexham

 

 

Swansea

Swansea

 

 

Welshpool & Newtown

Wrexham

 

Western

 

 

 

 

Aldershot & Farnham

Winchester

 

 

Barnstaple

Barnstaple

 

 

Basingstoke

Winchester

 

 

Bath

Bristol CJC

 

 

Bodmin

Bodmin

 

 

Bournemouth

Bournemouth

 

 

Bristol

Bristol CJC

 

 

Cheltenham

Bristol CJC

 

 

Chippenham

Winchester

 

 

Exeter

Exeter

 

 

Gloucester

Bristol CJC

 

 

Newport (Isle of Wight)

Winchester

 

 

Plymouth

Plymouth

 

 

Portsmouth

Portsmouth

 

 

Salisbury

Winchester

 

 

Southampton

Southampton

 

 

Swindon

Swindon

 

 

Taunton

Bristol CJC

 

 

Torquay & Newton Abbot

Torquay & Newton Abbot

 

 

Trowbridge

Trowbridge

 

 

Truro

Truro

 

 

Weston-Super-Mare

Bristol CJC

 

 

Weymouth & Dorchester

Winchester

 

 

Winchester

Winchester

 

 

Yeovil

Bristol

 

South East

 

 

 

 

Banbury

Oxford

 

 

Barnet

Barnet

 

 

Basildon

Southend

 

 

Bedford

Luton

 

 

Brentford

Brentford

 

 

Brighton

Brighton

 

 

Bromley

Bromley

 

 

Bury St Edmunds

Cambridge

 

 

Cambridge

Cambridge

 

 

Canterbury

Canterbury

 

 

Central London CJC

Central London CJC

 

 

Chelmsford

Southend

 

 

Chichester

Chichester

 

 

Clerkenwell & Shoreditch

Clerkenwell & Shoreditch

 

 

Colchester

Southend

 

 

Croydon

Croydon

 

 

Dartford

Dartford

 

 

Edmonton

Edmonton

 

 

Guildford

Guildford

 

 

Hastings

Hastings

 

 

Hertford

Luton

 

 

High Wycombe

Oxford

 

 

Horsham

Horsham

 

 

Hove

Hove

 

 

Ipswich

Norwich

 

 

Kingston-upon-Thames

Kingston-upon-Thames

 

 

Lewes

Lewes

 

 

Luton

Luton

 

 

Maidstone

Maidstone

 

 

Mayor's and City

Mayor's and City

 

 

Medway

Medway

 

 

Milton Keynes

Oxford

 

 

Norwich

Norwich

 

 

Oxford

Oxford

 

 

Peterborough

Cambridge

 

 

Reading

Oxford

 

 

Romford

Romford

 

 

Slough

Oxford

 

 

Southend

Southend

 

 

Staines

Staines

 

 

Stratford

Central London CJC

 

 

Thanet

Thanet

 

 

Uxbridge

Uxbridge

 

 

Wandsworth

Wandsworth

 

 

Watford

Watford

 

 

Willesden

Willesden

 

 

 

Woolwich

 

 

Worthing

Worthing

 

 

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