UK Law and Practice Contributed by: Charles Brasted, Julia Marlow, Andrew Eaton and Fraser Eccles, Hogan Lovells International LLP
will proceed in the Administrative Court as if per - mission had initially been granted. Parties may also appeal decisions in respect of interim applications to the Court of Appeal. The time limit for doing so is 21 days, but the Admin - istrative Court will not necessarily await the deci - sion of the Court of Appeal before proceeding with the substantive claim at first instance. If the parties wish the first instance proceedings to be stayed, they must make an application accord - ingly (ACG, paragraph 26.4.2). If a party wishes to appeal against the Adminis - trative Court’s decision disposing of the judicial review following the substantive hearing, they can apply for permission to appeal (see 15.3 Appeals of decisions of the Administrative Court are generally heard by the Court of Appeal, unless subject to leapfrog appeal (see 15.3 Per- mission to Appeal ). 15.3 Permission to Appeal A party can apply to the Administrative Court, in the first instance, for permission to appeal to the Court of Appeal, or it can apply directly to the Court of Appeal without first applying to the Administrative Court. Applications to the Administrative Court for per - mission to appeal should be made at the hearing at which the decision to be appealed is made, unless the court directs otherwise. It is common for parties to request that the court adjourn to allow them time to make written submissions on permission to appeal. Permission to Appeal ). 15.2 Appeal Forums
The applicant can apply to the Court of Appeal for permission to appeal by filing an Appellant’s Notice (CPR 52.3(3), CPR 52.12(1)). The Appel - lant’s Notice must be filed within 21 days of the date of the decision of the Administrative Court that the applicant wishes to appeal, or within the time limit ordered by the Administrative Court (CPR 52.12(2)). Applicants can also use the leapfrog appeal pro - cedure, which is a direct appeal from the Admin - istrative Court to the Supreme Court. To do so, there must be a sufficient case to justify a leap - frog appeal and one of the conditions in Section 12(3) or (3A) of the Administration of Justice Act 1969 must apply. 15.4 Rehearing of Appeal? Under CPR 52.21(1), appeals are limited to a review of the lower court’s decision, unless it is “in the interests of justice to hold a rehearing” (Asiansky Television plc v Bayer Rasin [2001] EWCA Civ 1792). A rehearing may be appropri - ate where “the judgment of the lower court is so inadequately reasoned that it is not possible for the appeal court to determine the appeal justly without a rehearing; or if there was a serious pro- cedural irregularity in the court below so that, for example, the appellant was prevented from developing his case properly” (per Dyson LJ in Asiansky). Under CPR 52.21(3), the Court of Appeal will allow an appeal where the decision of the lower court was wrong or unjust because of a seri - ous procedural or other irregularity in the pro - ceedings in the lower court. A decision will be “wrong” where there is an error law, an error of fact or an error in the exercise of the court’s dis - cretion (White Book, paragraph 52.21.5).
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