(1) An appeal from a decision of a County Court (whether made by a District Judge or a Circuit Judge) or of a Registrar of the High Court in insolvency proceedings ("a first appeal") lies to a Judge of the High Court pursuant to s. 375(2) of the Act and Insolvency Rules 7.47(2) and 7.48(2) (as amended by s. 55 of the Access to Justice Act 1999).
(2) The procedure and practice for a first appeal are governed by Insolvency Rule 7.49 which imports the procedure and practice of the Court of Appeal. The procedure and practice of the Court of Appeal is governed by CPR Part 52 and its Practice Direction, which are subject to the provisions of the Act, the Insolvency Rules and this Practice Direction: see CPR Part 52 rule 1(4).
(3) A first appeal (as defined above) does not include an appeal from a decision of a Judge of the High Court.

(1) Section 55 of the Access to Justice Act 1999 has amended s. 375(2) of the Act and Insolvency Rules 7.47(2) and 7.48(2) so that an appeal from a decision of a Judge of the High Court made on a first appeal lies, with the permission of the Court of Appeal, to the Court of Appeal.
(2) An appeal from a Judge of the High Court in insolvency proceedings which is not a decision on a first appeal lies, with the permission of the Judge or of the Court of Appeal, to the Court of Appeal (see CPR Part 52 rule 3);
(3) The procedure and practice for appeals from a decision of a Judge of the High Court in insolvency proceedings (whether made on a first appeal or not) are also governed by Insolvency Rule 7.49 which imports the procedure and practice of the Court of Appeal as stated at Paragraph 17.2(2) above.

17.7

Save as set out herein CPR Part 52 and its Practice Direction and Forms shall not apply to first appeals, but Paragraphs 17.8 to 17.23 inclusive of this Part of this Practice Direction shall apply to first appeals and only to first appeals.

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Interpretation:

a) the expressions "appeal court", "lower court", "appellant", "respondent" and "appeal notice" have the meanings given in CPR Part 52.1(3);
b) "Registrar of Appeals" means in relation to an appeal filed at the Royal Courts of Justice in London a Bankruptcy Registrar, and in relation to an appeal filed in a District Registry in accordance with Paragraph 17.10(2) and (3) below a District Judge of the relevant District Registry.
c) "appeal date" means the date fixed by the appeal court for the hearing of the appeal or the date fixed by the appeal court upon which the period within which the appeal will be heard commences.

17.10

(1) An appeal from a decision of a Registrar in Bankruptcy shall, or from any decision made in any County Court may, be filed at the Royal Courts of Justice in London.
(2) An appeal from a decision made in the County Court exercising jurisdiction over an area within the Birmingham, Bristol, Cardiff, Leeds, Liverpool, Manchester, Newcastle Upon Tyne or Preston Chancery District Registries may be filed in the Chancery District Registry of the High Court appropriate to the area in which the decision was made.

(1) Where a party seeks an extension of time in which to file an appeal notice it must be requested in the appeal notice and the appeal notice should state the reason for the delay and the steps taken prior to the application being made; the court will fix a date for the hearing of the application and notify the parties of the date and place of hearing;
(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; or
b) where the court makes no such direction, 14 days after the date of the decision of the lower court which the appellant wishes to appeal.

(3) Unless the appeal court orders otherwise, an appeal notice must be served by the appellant on each respondent -

a) as soon as practicable; and
b) in any event not later than 7 days, after it is filed.

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(1) A respondent may file and serve a respondent's notice.

(2) A respondent who wishes to ask the appeal court to uphold the order of the lower court for reasons different from or additional to those given by the lower court must file a respondent's notice.

(3) A respondent's notice must be filed within-

a) such period as may be directed by the lower court; or
b) where the court makes no such direction, 14 days after the date on which the respondent is served with the appellant's notice.

(4) Unless the appeal court orders otherwise a respondent's notice must be served by the respondent on the appellant and any other respondent -

a) as soon as practicable ; and
b) in any event not later than 7 days, after it is filed.

(1) An application to vary the time limit for filing an appeal notice must be made to the appeal court.

(2) The parties may not agree to extend any date or time limit set by -

a) this Practice Direction; or
b) an order of the appeal court or the lower court.

(1) In relation to an appeal the appeal court has all the powers of the lower court.
(2) The appeal court has power to -

a) affirm, set aside or vary any order or judgment made or given by the lower court;
b) refer any claim or issue for determination by the lower court;
c) order a new trial or hearing;
d) make a costs order.

(3) The appeal court may exercise its powers in relation to the whole or part of an order of the lower court.

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(1) Every appeal shall be limited to a review of the decision of the lower court.
(2) Unless it orders otherwise, the appeal court will not receive -

a) oral evidence; or
b) evidence which was not before the lower court.

(3) The appeal court will allow an appeal where the decision of the lower court was -

a) wrong; or
b) unjust because of a serious procedural or other irregularity in the proceedings in the lower court.

(4) The appeal court may draw any inference of fact which it considers justified on the evidence.
(5) At the hearing of the appeal a party may not rely on a matter not contained in his appeal notice unless the appeal court gives permission.

17.19

The following applications shall be made to a Judge of the appeal court:

(1) for injunctions pending a substantive hearing of the appeal;
(2) for expedition or vacation of the hearing date of an appeal;
(3) for an order striking out the whole or part of an appeal notice pursuant to Paragraph 17.16 above;
(4) for a final order on paper pursuant to Paragraph 17.22(8) below.

The following practice applies to all first appeals to a Judge of the High Court whether filed at the Royal Courts of Justice in London, or filed at one of the other venues referred to in Paragraph 17.10 above:

(1) on filing an appellant's notice in accordance with Paragraph 17.11(2) above, the appellant must file:

a) two copies of the appeal notice for the use of the court, one of which must be stamped with the appropriate fee, and a number of additional copies equal to the number of persons who are to be served with it pursuant to Paragraph 17.22(4) below;
b) a copy of the order under appeal; and
c) an estimate of time for the hearing.

(2) the above documents may be lodged personally or by post and shall be lodged at the address of the appropriate venue listed below:

a) if the appeal is to be heard at the Royal Courts of Justice in London the documents must be lodged at Room 110, Thomas More Building, The Royal Courts of Justice, Strand, London WC2A 2LL;
b) if the appeal is to be heard in Birmingham, the documents must be lodged at the District Registry of the Chancery Division of the High Court, 33 Bull Street, Birmingham B4 6DS;
c) if the appeal is to be heard in Bristol the documents must be lodged at the District Registry of the Chancery Division of the High Court, Third Floor, Greyfriars, Lewins Mead, Bristol, BS1 2NR;
d) if the appeal is to be heard in Cardiff the documents must be lodged at the District Registry in the Chancery Division of the High Court, First Floor, 2 Park Street, Cardiff , CF10 1ET;
e) if the appeal is to be heard in Leeds the documents must be lodged at the District Registry of the Chancery Division of the High Court, The Court House, 1 Oxford Row, Leeds LS1 3BG;
f) if the appeal is to be heard in Liverpool the documents must be lodged at the District Registry of the Chancery Division of the High Court, Liverpool Combined Court Centre, Derby Square, Liverpool L2 1XA;
g) if the appeal is to be heard in Manchester the documents must be lodged at the District Registry of the Chancery Division of the High Court, Courts of Justice, Crown Square, Manchester, M60 9DJ;
h) if the appeal is to be heard at Newcastle Upon Tyne the documents must be lodged at the District Registry of the Chancery Division of the High Court, The Law Courts, Quayside, Newcastle Upon Tyne NE1 3LA;
i) if the appeal is to be heard in Preston the documents must be lodged at the District Registry of the Chancery Division of the High Court, The Combined Court Centre, Ringway, Preston PR1 2LL.

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(3) if the documents are correct and in order the court at which the documents are filed will fix the appeal date and will also fix the place of hearing. That court will send letters to all the parties to the appeal informing them of the appeal date and of the place of hearing and indicating the time estimate given by the appellant. The parties will be invited to notify the court of any alternative or revised time estimates. In the absence of any such notification the estimate of the appellant will be taken as agreed. The court will also send to the appellant a document setting out the court's requirement concerning the form and content of the bundle of documents for the use of the single judge. Not later than 7 days before the appeal date the bundle of documents must be filed by the appellant at the address of the relevant venue as set out in sub-paragraph 17.22(2) above and a copy of it must be served by the appellant on each respondent. The bundle should include an approved transcript of the judgment of the lower court or, where there is no officially recorded judgment, the document(s) referred to in paragraph 5.12 of the Practice Direction to CPR Part 52.
(4) the appeal notice must be served on all parties to the proceedings in the lower court who are directly affected by the appeal. This may include the Official Receiver, liquidator or trustee in bankruptcy.
(5) the appeal notice must be served by the appellant or by the legal representative of the appellant and may be effected by:

a) any of the methods referred to in CPR Part 6 rule 2; or
b) with permission of the court, an alternative method pursuant to CPR Part 6 rule 8.

(6) service of an appeal notice shall be proved by a Certificate of Service in accordance with CPR Part 6 rule 10 (CPR Form N215) which must be filed at the relevant venue referred to at Paragraph 17.22(2) above immediately after service.
(7) skeleton arguments, accompanied by a written chronology of events relevant to the appeal, should be filed at the address of the appropriate venue as set out in subparagraph 17.22(2) above, at least two clear days before the date fixed for the hearing. Failure to lodge may result in an adverse costs order being made by the single judge on the hearing of the appeal.
(8) where an appeal has been settled or where an appellant does not wish to continue with the appeal, the appeal may be disposed of on paper without a hearing. It may be dismissed by consent but the appeal court will not make an order allowing an appeal unless it is satisfied that the decision of the lower court was wrong. Any consent order signed by each party or letters of consent from each party must be lodged not later than 24 hours before the date fixed for the hearing of the appeal at the address of the appropriate venue as set out in subparagraph 17.22(2) above and will be dealt with by the Judge of the appeal court. Attention is drawn to paragraph 4.4(4) of the Practice Direction to CPR Part 44 regarding costs where an order is made by consent without attendance.

(1) Where, under the procedure relating to appeals in insolvency proceedings prior to the coming into effect of this Part of this Practice Direction, an appeal has been set down in the High Court or permission to appeal to the Court of Appeal has been granted before 2nd May 2000, the procedure and practice set out in this Part of this Practice Direction shall apply to such an appeal after that date.
(2) Where, under the procedure relating to appeals in insolvency proceedings prior to the coming into effect of this Part of this Practice Direction, any person has failed before 2nd May 2000 either:

a) in the case of a first appeal, to set down in the High Court an appeal which relates to an order made (County Court) or sealed (High Court) after 27th March 2000 and before 2nd May 2000, or
b) in the case of an appeal from a decision of a Judge of the High Court, to obtain any requisite permission to appeal to the Court of Appeal which relates to an order sealed in the same period,

the time for filing an appeal notice is extended to 16th May 2000 and application for any such permission should be made in the appeal notice.