When must a respondent seek permission to cross-appeal?

Under rule 23(3), the respondent normally applies for cross-appeal permission within 14 days after filing its rule 22 acknowledgment. A respondent seeking variation must first establish whether permission is required under 23(1)–(2).

Responsible actor. The respondent seeking to vary the appealed order.

A cross-appeal seeks variation. A respondent supporting the same result on different grounds states those grounds in its participation notice.

No. Rule 22(3) addresses upholding the order for different reasons; rule 23 concerns variation.

Establish that the original appellant has permission before filing a required cross-permission application under PD 4.36. The respondent must seek variation, rather than merely supporting the same order on different grounds. Check the Court of Session and appeal-as-of-right exceptions.

1. Under rule 23(3), the respondent normally applies for cross-appeal permission within 14 days after filing its rule 22 acknowledgment. A respondent seeking variation must first establish whether permission is required under 23(1)–(2).
2. Rule 23(3) identifies filing of the respondent’s acknowledgment under 22(1).
3. File the permission application with the appropriate fee and follow Part 3 as modified for cross-appeals. Coordinate the original and cross-permission applications where practicable.

The event specified by Supreme Court Rules 2024, rule 23(1)–(4) controls this period. Establish that event before applying its fixed-after calendar count. The Court of Appeal clear-days model is not a substitute for the Supreme Court provision.

For Supreme Court Rules 2024, rule 23(1)–(4), rule 6(4)(a) extends Registry acts to the next Registry-open day. PD 2.3 includes weekends, England/Wales bank holidays and the Christmas vacation. A separate service act requires method-specific treatment; verify exceptional directions and portal downtime.

Establish that the original appellant has permission before filing a required cross-permission application under PD 4.36. The respondent must seek variation, rather than merely supporting the same order on different grounds. Check the Court of Session and appeal-as-of-right exceptions. File the permission application with the appropriate fee and follow Part 3 as modified for cross-appeals. Coordinate the original and cross-permission applications where practicable.

Original appeal permission exists before the respondent files its acknowledgment on October 8,2026. The respondent seeks variation and requires cross-permission. Under rule 23(3), the respondent normally applies for cross-appeal permission within 14 days after filing its rule 22 acknowledgment. A respondent seeking variation must first establish whether permission is required under 23(1)–(2). File the permission application with the appropriate fee and follow Part 3 as modified for cross-appeals. Coordinate the original and cross-permission applications where practicable.

The ordinary 14-day endpoint associated with Supreme Court Rules 2024, rule 23(1)–(4) falls during a weekend or the Registry Christmas closure, and no contrary direction is yet established. For Supreme Court Rules 2024, rule 23(1)–(4), rule 6(4)(a) extends Registry acts to the next Registry-open day. PD 2.3 includes weekends, England/Wales bank holidays and the Christmas vacation. A separate service act requires method-specific treatment; verify exceptional directions and portal downtime. Establish the actual filing and service branch before relying on one deadline for this procedure.

The respondent wishes to vary the order but has not established whether a permission exception applies. No. Rule 22(3) addresses upholding the order for different reasons; rule 23 concerns variation. A cross-appeal seeks variation. A respondent supporting the same result on different grounds states those grounds in its participation notice.

Established procedural branch

Establish that the original appellant has permission before filing a required cross-permission application under PD 4.36. The respondent must seek variation, rather than merely supporting the same order on different grounds. Check the Court of Session and appeal-as-of-right exceptions.

Required completion

File the permission application with the appropriate fee and follow Part 3 as modified for cross-appeals. Coordinate the original and cross-permission applications where practicable.

Related procedure distinction

A cross-appeal seeks variation. A respondent supporting the same result on different grounds states those grounds in its participation notice.

• Establish that the original appellant has permission before filing a required cross-permission application under PD 4.36. The respondent must seek variation, rather than merely supporting the same order on different grounds. Check the Court of Session and appeal-as-of-right exceptions.
• A cross-appeal seeks variation. A respondent supporting the same result on different grounds states those grounds in its participation notice.

• File the permission application with the appropriate fee and follow Part 3 as modified for cross-appeals. Coordinate the original and cross-permission applications where practicable.
• Rule 23(2) identifies the Court of Session leave case and an appeal as of right.
• Part 3 applies with appropriate modifications under 23(4).
• File the permission application with the appropriate fee and follow Part 3 as modified for cross-appeals. Coordinate the original and cross-permission applications where practicable.