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Family Law

The leading authority on all aspects of family law

23 MAY 2016

MoJ opens consultation on appeals to the Court of Appeal and proposed CPR amendments

Jonathan Cailes

Major Works Manager

@JPFamilyLaw

MoJ opens consultation on appeals to the Court of Appeal and proposed CPR amendments
The Ministry of Justice (MoJ) has opened a consultation on appeals to the Court of Appeal, plus proposed amendments to the Civil Procedure Rules (CPR) and the associated Practice Directions.

The consultation seeks views on:
(1)  proposals to amend the CPR (which govern court procedure in England and Wales) -
(i)  to raise the threshold for permission to appeal to the Court of Appeal;
(ii)  to remove the automatic right of oral renewal for applications for permission to appeal in the Court of Appeal, replacing it with a discretion for the court to decide whether to hold a hearing or to determine an application for permission to appeal on the documents;
(iii)  to remove the automatic right to an oral hearing for reconsideration of decisions on other applications made in the course of proceedings in the Court of Appeal, replacing it with a discretion for the court to decide whether to hold a hearing or to determine an application on the documents;
(2)  proposals to amend Practice Direction 52C to make it more user-friendly and to limit the volume of documentation presented to the Court of Appeal in connection with cases it has to decide.

The CPR Committee is inviting written responses from users and potential users of the civil justice system in England and Wales. Legal professionals, businesses, individuals and advice agencies in England and Wales are particularly encouraged to participate.

Click here to download the Consultation Response Questionnaire.

Responses can emailed to: CPRCconsultation@justice.gsi.gov.uk

or posted to: Jane Wright, Secretary to the Civil Procedure Rules Committee, Post Point 3.32, Ministry of Justice, 102 Petty France, London SW1H 9AJ

Responses must be received no later than 5.00pm on 24 June 2016.

Consultation documents

Consultation Appeals to the Court of Appeal: proposed amendments to Civil Procedure Rules and Practice Direction
Appendix 1: Court of Appeal: 10 Year Workload Trend
Appendix 2: Court of Appeal subject categories for data analysis repor
Appendix 3: Data analysis report
Appendix 4: Summary of Proposed Reforms on the work of the Court of Appeal
Appendix 5 Survey of appellate justice in other jurisdictions complied by Allen and Overy
Appendix 6a Oral permission to appeal renewal applications 1
Appendix 6b Oral permission to appeal renewal applications 2

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