England and Wales · Court of Appeal and Supreme Court
When must an appellant file a Court of Appeal notice?
The ordinary appellant notice is filed within 21 days after the lower-court decision. A different lower-court direction or a special appeal provision displaces that period. Do not wait for a sealed order or transcript.
- Period
- 21 calendar days after the established operative event
- Trigger
- Date of the decision of the lower court which the appellant wishes to appeal
- Rule
- CPR 52.12(2)
CPR 52.12(2) and its official supporting provisions were retained on October 8, 2026. This review concerns when must an appellant file a court of appeal notice, not an earlier rule edition or a different appeal route.
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When must an appellant file a Court of Appeal notice?
The ordinary appellant notice is filed within 21 days after the lower-court decision. A different lower-court direction or a special appeal provision displaces that period. Do not wait for a sealed order or transcript.
Responsible actor. Appellant.
The ordinary notice clock starts at the lower-court decision. The distinct service clock starts when the appeal notice is sealed.
No. CPR 52.12(2)(b) uses the lower-court decision, even when sealing or a transcript arrives later.
This ordinary model assumes a legally available Court of Appeal route, no different directed period and no special rule 52.8–52.11, PD 52D or rule 62.10A deadline.
CPR 52.12(2)How does this provision count time?
- The ordinary appellant notice is filed within 21 days after the lower-court decision. A different lower-court direction or a special appeal provision displaces that period. Do not wait for a sealed order or transcript.
- Yes. A period directed at the decision hearing or an adjournment displaces the ordinary 21 days under rule 52.12(2)(a).
- File the notice at the appeal court. Request permission in the notice when required. An expired period requires an extension application, not a private agreement.
For CPR 52.12(2), exclude the established starting day and count the next 21 calendar days. CPR 2.8(3)(b) does not exclude an additional fixed compliance day. This is the ordinary fixed-after branch, not a minimum interval between two specified events.
The CPR 52.12(2) court-office filing act can use CPR 2.8(5) when its fixed endpoint is closed. Check the actual office, any exceptional closure and the order. This does not extend a separate service act.
CPR 52.12(2)What do independently checked examples show?
Fictitious example
The lower court gives its decision on October 08. No different directed period, special appeal class, or rule 62.10A applies. This ordinary model assumes a legally available Court of Appeal route, no different directed period and no special rule 52.8–52.11, PD 52D or rule 62.10A deadline.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | The lower court gives its decision on October 08. No different directed period, special appeal class, or rule 62.10A applies. This ordinary model assumes a legally available Court of Appeal route, no different directed period and no special rule 52.8–52.11, PD 52D or rule 62.10A deadline. Exactly 21 counted calendar dates follow the established event; the starting date is excluded. | Thursday, October 29, 2026 |
| Example 2. Closed-day boundary | The lower court gives its decision on October 03. No different directed period, special appeal class, or rule 62.10A applies. For this calendar counterexample the case and event branch are otherwise established. This ordinary model assumes a legally available Court of Appeal route, no different directed period and no special rule 52.8–52.11, PD 52D or rule 62.10A deadline. Ordinary England/Wales weekend or August 31 bank holiday. No exceptional court-office closure or contrary direction. Exactly 21 counted calendar dates follow the established event; the starting date is excluded. | Monday, October 26, 2026 |
| Example 3. Material procedural branch | The lower court decides the case on Monday, August 10, 2026, and its order is sealed seven days later. No different appeal period or special appeal class applies. The decision starts this ordinary filing branch. This ordinary model assumes a legally available Court of Appeal route, no different directed period and no special rule 52.8–52.11, PD 52D or rule 62.10A deadline. This example establishes the stated operative branch independently of the calendar arithmetic. Exactly 21 counted calendar dates follow the established event; the starting date is excluded. | Tuesday, September 1, 2026 |
Fictitious established facts. These examples do not establish eligibility, effective service, relief or a direction.
Try these dates in the calculatorWhich conditions and exceptions apply?
- Established procedural branch
- This ordinary model assumes a legally available Court of Appeal route, no different directed period and no special rule 52.8–52.11, PD 52D or rule 62.10A deadline.
- Required completion
- File the notice at the appeal court. Request permission in the notice when required. An expired period requires an extension application, not a private agreement.
- Related procedure distinction
- The ordinary notice clock starts at the lower-court decision. The distinct service clock starts when the appeal notice is sealed.
- This ordinary model assumes a legally available Court of Appeal route, no different directed period and no special rule 52.8–52.11, PD 52D or rule 62.10A deadline.
- The ordinary notice clock starts at the lower-court decision. The distinct service clock starts when the appeal notice is sealed.
What must the responsible actor complete?
Questions about this procedure
When must an appellant file a Court of Appeal notice?
Does the sealed lower-court order start the 21 days?
No. CPR 52.12(2)(b) uses the lower-court decision, even when sealing or a transcript arrives later.
CPR 52.12(2)Can the lower court direct a different appeal period?
Yes. A period directed at the decision hearing or an adjournment displaces the ordinary 21 days under rule 52.12(2)(a).
CPR 52.12(2)Do all Court of Appeal cases receive 21 days?
No. Rules 52.8–52.11, PD 52D and rule 62.10A contain particular routes or limits that must be checked first.
CPR 52.12(2)Does the decision day count as day one?
No. For this fixed-after period, CPR 2.8(3) excludes the decision day without adding another final day.
CPR 2.8, calculation of timeCan the parties agree to extend appellant filing time?
No. CPR 52.15(2) prohibits varying Part 52 time limits by party agreement.
CPR 52.12(2)What must a late appellant file?
PD52C 4 requires the appellant notice and an extension application within it, explaining the delay and earlier steps.
PD52C 4, extension applicationOfficial sources and review
Provisions used (4)
| Provision | Purpose |
|---|---|
| CPR 52.12(2) | Check the identified procedure, event, counting rule or qualification |
| CPR 2.8, calculation of time | Check the identified procedure, event, counting rule or qualification |
| CPR 52.15, variation of time | Check the identified procedure, event, counting rule or qualification |
| PD52C 4, extension application | Check the identified procedure, event, counting rule or qualification |