England and Wales · Court of Appeal and Supreme Court
When must the Court of Appeal be asked for UKSC permission?
For the non-contempt branch in CPR 52.3(1)(c)(iv), apply to the Court of Appeal within 28 days after its decision. This first application precedes any ordinary permission application to the Supreme Court.
- Period
- 28 calendar days after the established operative event
- Trigger
- Date of the decision of the Court of Appeal which the appellant wishes to appeal
- Rule
- CPR 52.3B
CPR 52.3B and its official supporting provisions were retained on October 8, 2026. This review concerns when must the court of appeal be asked for uksc permission, not an earlier rule edition or a different appeal route.
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When must the Court of Appeal be asked for UKSC permission?
For the non-contempt branch in CPR 52.3(1)(c)(iv), apply to the Court of Appeal within 28 days after its decision. This first application precedes any ordinary permission application to the Supreme Court.
Responsible actor. Proposed Supreme Court appellant.
The first-leg trigger is the Court of Appeal decision. The ordinary second-leg UKSC trigger is the order refusing permission below.
Supreme Court rule 12 requires applying below first and ordinarily permits an application to the Supreme Court only after refusal.
This branch concerns an appeal from the Court of Appeal in proceedings other than contempt. Check that the proposed Supreme Court route exists.
CPR 52.3BHow does this provision count time?
- For the non-contempt branch in CPR 52.3(1)(c)(iv), apply to the Court of Appeal within 28 days after its decision. This first application precedes any ordinary permission application to the Supreme Court.
- No. Rule 52.3B starts this court-below application after the substantive decision being appealed.
- Apply to the Court of Appeal under rule 52.3B. A later refusal starts the separate ordinary UKSC application clock under Supreme Court rule 13.
For CPR 52.3B, exclude the established starting day and count the next 28 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 52.3B 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 52.3BWhat do independently checked examples show?
Fictitious example
The Court of Appeal gives the decision on October 08 in a non-contempt rule 52.3(1)(c)(iv) appeal. This application is to that court below. This branch concerns an appeal from the Court of Appeal in proceedings other than contempt. Check that the proposed Supreme Court route exists.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | The Court of Appeal gives the decision on October 08 in a non-contempt rule 52.3(1)(c)(iv) appeal. This application is to that court below. This branch concerns an appeal from the Court of Appeal in proceedings other than contempt. Check that the proposed Supreme Court route exists. Exactly 28 counted calendar dates follow the established event; the starting date is excluded. | Thursday, November 5, 2026 |
| Example 2. Closed-day boundary | The Court of Appeal gives the decision on September 26 in a non-contempt rule 52.3(1)(c)(iv) appeal. This application is to that court below. For this calendar counterexample the case and event branch are otherwise established. This branch concerns an appeal from the Court of Appeal in proceedings other than contempt. Check that the proposed Supreme Court route exists. Ordinary England/Wales weekend or August 31 bank holiday. No exceptional court-office closure or contrary direction. Exactly 28 counted calendar dates follow the established event; the starting date is excluded. | Monday, October 26, 2026 |
| Example 3. Material procedural branch | The Court of Appeal decides the non-contempt case on Monday, August 3, 2026. A later refusal of permission is the different second-leg Supreme Court event, not this court-below starting date. This branch concerns an appeal from the Court of Appeal in proceedings other than contempt. Check that the proposed Supreme Court route exists. This example establishes the stated operative branch independently of the calendar arithmetic. Exactly 28 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 branch concerns an appeal from the Court of Appeal in proceedings other than contempt. Check that the proposed Supreme Court route exists.
- Required completion
- Apply to the Court of Appeal under rule 52.3B. A later refusal starts the separate ordinary UKSC application clock under Supreme Court rule 13.
- Related procedure distinction
- The first-leg trigger is the Court of Appeal decision. The ordinary second-leg UKSC trigger is the order refusing permission below.
- This branch concerns an appeal from the Court of Appeal in proceedings other than contempt. Check that the proposed Supreme Court route exists.
- The first-leg trigger is the Court of Appeal decision. The ordinary second-leg UKSC trigger is the order refusing permission below.
What must the responsible actor complete?
Questions about this procedure
When must the Court of Appeal be asked for UKSC permission?
Can the applicant skip asking the Court of Appeal first?
Supreme Court rule 12 requires applying below first and ordinarily permits an application to the Supreme Court only after refusal.
Supreme Court Rules 2024, rule 12Does this 28-day period start when the Court of Appeal refuses permission?
No. Rule 52.3B starts this court-below application after the substantive decision being appealed.
CPR 52.3BDoes rule 52.3B govern contempt permission applications?
No. Contempt appeals listed in 52.3(1)(c)(i)–(iii) use rule 52.3A and its reasons event.
CPR 52.3BIs the decision day included in this fixed-after count?
The decision day is excluded under CPR 2.8(3). There is no extra excluded fixed compliance day.
CPR 2.8, calculation of timeCan the parties agree to enlarge these 28 days?
Rule 52.15(2) prevents party agreement from varying a Part 52 time limit.
CPR 52.3BDoes this calculation establish Supreme Court jurisdiction?
No. The available appeal route and permission conditions must be established independently of the calendar count.
CPR 52.3BOfficial sources and review
Provisions used (4)
| Provision | Purpose |
|---|---|
| CPR 52.3B | 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 |
| Supreme Court Rules 2024, rule 12 | Check the identified procedure, event, counting rule or qualification |