Understanding the Procedure for Making Permission to Appeal Applications in the High Court

When navigating the legal system, understanding the procedure for making permission to appeal applications in the High Court can be crucial, especially in family law cases. This article aims to demystify the process, making it accessible to those who may not have a legal background.

In the context of family law, the procedure for seeking permission to appeal a decision is governed by specific rules. A recent case, Re F (A minor) (Permission to appeal), provides valuable guidance on this process. The case involved a father, a litigant in person, who sought permission to appeal a decision out of time after a judgment was circulated by email.

The Family Procedure Rules (FPR) 30.3(3) outline the framework for making such applications. Importantly, there is no distinction between the Civil Procedure Rules (CPR) and the FPR regarding the 21-day deadline for making permission to appeal applications. This means that the date of the decision to be appealed is considered the hearing date when the decision is given, including the formal hand-down of a reserved judgment.

If a party wishes to appeal, they must act promptly. If they do not seek permission to appeal at the decision hearing, they must request that the hearing be formally adjourned. Failure to do so means the lower court cannot consider any retrospective application for permission to appeal. Additionally, an adjournment does not automatically extend the 21-day deadline for applying for permission to appeal, so an extension must be requested.

In cases where a reserved judgment is circulated in draft, the judge typically sets a deadline for parties’ responses. Once the draft is perfected, the judge informs the parties of the formal hand-down date, usually electronically. This ensures that parties have sufficient time to decide whether to seek permission to appeal and to prepare their arguments.

When making a permission to appeal application, the judge has several options. They may require that the hand-down hearing be attended so the application can be made, set a separate date for the application to be heard, or permit the application to be made in writing. This flexibility allows for the accommodation of different circumstances and ensures that the process is fair and efficient.

Understanding these procedures is essential for anyone involved in family law proceedings who may wish to appeal a decision. By following the guidelines set out in the FPR and the insights from recent case law, parties can navigate the appeals process with greater confidence and clarity.

Re F (A minor) (Permission to appeal) [2025] EWHC 638 (Fam) 

Jamie Beland & Minoli Vehella