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England and Wales · Court of Appeal and Supreme Court

When must an ordinary UKSC permission application be filed?

Subject to a special enactment, Supreme Court rule 13(1) requires filing within 28 days after the order refusing permission below. First apply below. The ordinary Registry calendar includes its Christmas closure.

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Period
28 calendar days after the established operative event
Trigger
Date of the order of the court below refusing permission to appeal
Rule
Supreme Court Rules 2024, rules 12–13
Supreme Court Rules 2024, rules 12–13

Supreme Court Rules 2024, rules 12–13 and its official supporting provisions were retained on October 8, 2026. This review concerns when must an ordinary uksc permission application be filed, not an earlier rule edition or a different appeal route.

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When must an ordinary UKSC permission application be filed?

Subject to a special enactment, Supreme Court rule 13(1) requires filing within 28 days after the order refusing permission below. First apply below. The ordinary Registry calendar includes its Christmas closure.

Responsible actor. The proposed Supreme Court appellant.

The earlier Court of Appeal application runs after its substantive decision. This Supreme Court application follows the order refusing permission below.

Rule 12(1) requires seeking permission below first and permits this application only after the court below refuses.

This is the ordinary civil second-leg application after refusal below, excluding leapfrog and civil-contempt timing. Establish the actual refusal order, not the underlying appeal judgment.

Supreme Court Rules 2024, rules 12–13

How does this provision count time?

  1. Subject to a special enactment, Supreme Court rule 13(1) requires filing within 28 days after the order refusing permission below. First apply below. The ordinary Registry calendar includes its Christmas closure.
  2. Rule 13(1) identifies the order refusing permission below, not the underlying substantive judgment.
  3. File the permission application with the required documents and fee or remission. The application itself is served by non-portal service under the separate issue and service procedure.

The event specified by Supreme Court Rules 2024, rules 12–13 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, rules 12–13, 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.

Supreme Court Rules 2024, rules 12–13

What do independently checked examples show?

Fictitious example

This is the ordinary civil second-leg application after refusal below, excluding leapfrog and civil-contempt timing. Establish the actual refusal order, not the underlying appeal judgment. This is the ordinary civil second-leg application after refusal below, excluding leapfrog and civil-contempt timing. Establish the actual refusal order, not the underlying appeal judgment.

Example counting steps
StepWhat is countedDate
Example 1. Ordinary established factsThis is the ordinary civil second-leg application after refusal below, excluding leapfrog and civil-contempt timing. Establish the actual refusal order, not the underlying appeal judgment. This is the ordinary civil second-leg application after refusal below, excluding leapfrog and civil-contempt timing. Establish the actual refusal order, not the underlying appeal judgment. Preserve the provision-specific trigger inclusion and period. Count intermediate dates, then extend only the Registry filing act to the next ordinary Registry-open day. Christmas closure does not suspend the entire count.Thursday, November 5, 2026
Example 2. Closed-day boundaryThis is the ordinary civil second-leg application after refusal below, excluding leapfrog and civil-contempt timing. Establish the actual refusal order, not the underlying appeal judgment. This is the ordinary civil second-leg application after refusal below, excluding leapfrog and civil-contempt timing. Establish the actual refusal order, not the underlying appeal judgment. Preserve the provision-specific trigger inclusion and period. Count intermediate dates, then extend only the Registry filing act to the next ordinary Registry-open day. Christmas closure does not suspend the entire count.Monday, January 4, 2027
Example 3. Material procedural branchThe substantive decision below precedes the order refusing permission. The operative refusal order is dated Saturday, September 26, 2026. No special enactment or leapfrog branch displaces the ordinary application period. This is the ordinary civil second-leg application after refusal below, excluding leapfrog and civil-contempt timing. Establish the actual refusal order, not the underlying appeal judgment. This example establishes the stated operative branch independently of the calendar arithmetic. Preserve the provision-specific trigger inclusion and period. Count intermediate dates, then extend only the Registry filing act to the next ordinary Registry-open day. Christmas closure does not suspend the entire count.Monday, October 26, 2026
Example resultThursday, November 5, 2026

Fictitious established facts. These examples do not establish eligibility, effective service, relief or a direction.

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Which conditions and exceptions apply?

Established procedural branch
This is the ordinary civil second-leg application after refusal below, excluding leapfrog and civil-contempt timing. Establish the actual refusal order, not the underlying appeal judgment.
Required completion
File the permission application with the required documents and fee or remission. The application itself is served by non-portal service under the separate issue and service procedure.
Related procedure distinction
The earlier Court of Appeal application runs after its substantive decision. This Supreme Court application follows the order refusing permission below.
Supreme Court Rules 2024, rules 12–13
  • This is the ordinary civil second-leg application after refusal below, excluding leapfrog and civil-contempt timing. Establish the actual refusal order, not the underlying appeal judgment.
  • The earlier Court of Appeal application runs after its substantive decision. This Supreme Court application follows the order refusing permission below.

What must the responsible actor complete?

Questions about this procedure

When must an ordinary UKSC permission application be filed?

Can an applicant ordinarily apply directly to the Supreme Court first?

Rule 12(1) requires seeking permission below first and permits this application only after the court below refuses.

Supreme Court Rules 2024, rules 12–13

Does the substantive judgment start the ordinary UKSC 28 days?

Rule 13(1) identifies the order refusing permission below, not the underlying substantive judgment.

Supreme Court Rules 2024, rules 12–13

Does this ordinary period apply to leapfrog applications?

No. Specific enactments and the separate leapfrog certificate procedure can prescribe a different period.

Supreme Court Rules 2024, rules 12–13

What happens if the final filing day falls in the Christmas closure?

Rule 6(4)(a) and PD 2.3–2.5 carry the Registry act to the next Registry-open day, subject actual directions.

Supreme Court Rules 2024, rules 6–8

Does a public-funding application automatically suspend filing time?

No. The Registrar must be told within the original period; any extension depends on the rule 6(3) process.

Supreme Court Rules 2024, rules 6–8

Can the permission application be served solely through the portal?

PD 2.18 requires non-portal service of the permission application, even where portal parties participate.

Supreme Court Rules 2024, rules 6–8

Official sources and review

Provisions used (3)
Provisions used in this guide
ProvisionPurpose
Supreme Court Rules 2024, rules 12–13Check the identified procedure, event, counting rule or qualification
Supreme Court Rules 2024, rules 6–8Check the identified procedure, event, counting rule or qualification
UKSC PD2.3–2.5 and filing and service guidanceCheck the identified procedure, event, counting rule or qualification
Read the official controlling provision

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