Practice Directions and Standing Orders Applicable to Civil Appeals Contents


2.1  Save for applications under direction 2.4, a petition for leave to appeal to the House of Lords should be lodged at the Judicial Office within one month from the date of the order appealed from[21]. However, petitions for leave to appeal out of time are admissible.

Petitions out of time

2.2  A petition for leave to appeal lodged outside the one month period is accepted by the Judicial Office for presentation to the House provided that:

(a) it has been drafted in the style required for such petitions and seeks leave to appeal out of time[22]; and

(b) it sets out in the first paragraph the reason(s) why it was not lodged within the time limit; and

(c) it is in order in all other respects.

The reason(s) should not normally exceed one paragraph in length.

2.3  In considering a petition for leave to appeal out of time, the Appeal Committee may reject it solely on the ground that it is out of time; but the Appeal Committee may grant an extension of time and decide the application for leave on the merits.

Contempt of court

2.4  A petition for leave to appeal in a case involving civil contempt of court must be lodged in the Judicial Office within 14 days (not one month), beginning with the date of the refusal of leave by the court below (not the following day)[23].

21   The one month period runs from the date of the substantive order appealed from, not the date of any subsequent procedural order e.g, an order refusing leave to appeal (Standing Order II). For admissibility of petitions for leave, see direction 1.14. If a petitioner has applied for public funding, the period is extended to one month after the decision whether funding should be granted, including any appeals. The Judicial Office must be informed in writing within the one month period that public funding has been applied for (direction 41). Back

22   For style see Appendix A, Form 3. Back

23   Administration of Justice Act 1960 s 13 (as amended). Back

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