Adrian Jack reports on the current consultation into civil appeal reform
The Civil Procedure Rule Committee is consulting on important changes to the rules governing appeals to the Court of Appeal (Civil Division). They are likely to prevent over 10% of appeals being heard which would otherwise succeed.
The proposals follow increased delays in the hearing of appeals with some “hear-by” dates fixed 19 months after the date of issue of an appeal. Lord Dyson MR says the position is not “acceptable or sustainable”. The most important proposed reforms are:
- removing the right to an oral hearing following a refusal of an application for permission to appeal (PTA); and
- increasing the threshold for granting PTA to the Court of Appeal, but not to the High Court or within the County Court.
Oral application for PTA
The first change will affect many appeals which currently succeed. Instead of a right to make an oral application for PTA, a single lord justice will have a discretion to order an oral hearing, but the number of such hearings is likely to be small. This is a major
