England and Wales · Court of Appeal and Supreme Court
When must permission be sought after Upper Tribunal JR refusals?
CPR 52.9 gives 7 days after the Upper Tribunal refusal of permission to appeal at a hearing, or after service of its refusal order on the papers. First establish both the JR-permission refusal and appeal-permission refusal conditions.
- Period
- 7 calendar days after the established operative event
- Trigger
- Upper Tribunal's refusal of permission to appeal (if made at a hearing) or service of its order refusing permission (if made on the papers)
- Rule
- CPR 52.9
CPR 52.9 and its official supporting provisions were retained on October 8, 2026. This review concerns when must permission be sought after upper tribunal jr refusals, not an earlier rule edition or a different appeal route.
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When must permission be sought after Upper Tribunal JR refusals?
CPR 52.9 gives 7 days after the Upper Tribunal refusal of permission to appeal at a hearing, or after service of its refusal order on the papers. First establish both the JR-permission refusal and appeal-permission refusal conditions.
Responsible actor. UT JR appellant.
This is a Court of Appeal application after two Upper Tribunal refusals. It is not the earlier Upper Tribunal application for permission to appeal.
Rule 52.9 requires the specified refusal of permission to bring JR proceedings and refusal of permission to appeal.
The Upper Tribunal must have refused JR permission in the specified hearing or totally-without-merit paper branch and refused permission to appeal to the Court of Appeal.
CPR 52.9How does this provision count time?
- CPR 52.9 gives 7 days after the Upper Tribunal refusal of permission to appeal at a hearing, or after service of its refusal order on the papers. First establish both the JR-permission refusal and appeal-permission refusal conditions.
- Rule 52.9(3)(a) uses the Upper Tribunal decision refusing permission to appeal.
- Choose the hearing-decision or paper-order-service event that actually occurred. Then apply to the Court of Appeal within the corresponding fixed seven-day period.
For CPR 52.9, exclude the established starting day and count the next 7 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 52.9 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 52.9What do independently checked examples show?
Fictitious example
The Upper Tribunal refuses permission to appeal at a hearing on October 08 after refusing JR permission. The rule 52.9 route is established. The Upper Tribunal must have refused JR permission in the specified hearing or totally-without-merit paper branch and refused permission to appeal to the Court of Appeal.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | The Upper Tribunal refuses permission to appeal at a hearing on October 08 after refusing JR permission. The rule 52.9 route is established. The Upper Tribunal must have refused JR permission in the specified hearing or totally-without-merit paper branch and refused permission to appeal to the Court of Appeal. Exactly 7 counted calendar dates follow the established event; the starting date is excluded. | Thursday, October 15, 2026 |
| Example 2. Closed-day boundary | The Upper Tribunal refuses permission to appeal at a hearing on October 17 after refusing JR permission. The rule 52.9 route is established. For this calendar counterexample the case and event branch are otherwise established. The Upper Tribunal must have refused JR permission in the specified hearing or totally-without-merit paper branch and refused permission to appeal to the Court of Appeal. Ordinary England/Wales weekend or August 31 bank holiday. No exceptional court-office closure or contrary direction. Exactly 7 counted calendar dates follow the established event; the starting date is excluded. | Monday, October 26, 2026 |
| Example 3. Material procedural branch | The Upper Tribunal has refused JR permission in the qualifying paper branch and later refuses appeal permission on papers. That appeal-permission refusal order is effectively served on Monday, August 24, 2026. The Upper Tribunal must have refused JR permission in the specified hearing or totally-without-merit paper branch and refused permission to appeal to the Court of Appeal. This example establishes the stated operative branch independently of the calendar arithmetic. Exactly 7 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
- The Upper Tribunal must have refused JR permission in the specified hearing or totally-without-merit paper branch and refused permission to appeal to the Court of Appeal.
- Required completion
- Choose the hearing-decision or paper-order-service event that actually occurred. Then apply to the Court of Appeal within the corresponding fixed seven-day period.
- Related procedure distinction
- This is a Court of Appeal application after two Upper Tribunal refusals. It is not the earlier Upper Tribunal application for permission to appeal.
- The Upper Tribunal must have refused JR permission in the specified hearing or totally-without-merit paper branch and refused permission to appeal to the Court of Appeal.
- This is a Court of Appeal application after two Upper Tribunal refusals. It is not the earlier Upper Tribunal application for permission to appeal.
What must the responsible actor complete?
Questions about this procedure
When must permission be sought after Upper Tribunal JR refusals?
Which Upper Tribunal refusals are necessary?
Rule 52.9 requires the specified refusal of permission to bring JR proceedings and refusal of permission to appeal.
CPR 52.9What starts time when appeal permission was refused at a hearing?
Rule 52.9(3)(a) uses the Upper Tribunal decision refusing permission to appeal.
CPR 52.9What starts time when appeal permission was refused on the papers?
Rule 52.9(3)(b) uses service of the order refusing permission to appeal.
CPR 52.9Does the paper JR refusal need a particular finding?
Rule 52.9(2) requires the JR application determined on papers to be recorded totally without merit.
CPR 52.9Is this the ordinary three-month JR claim period?
No. This later Court of Appeal permission application has its own seven-day event.
CPR 52.9Can the earlier JR refusal date always be entered?
No. The operative event concerns the later refusal of permission to appeal, under the correct hearing or paper branch.
CPR 52.9Official sources and review
Provisions used (3)
| Provision | Purpose |
|---|---|
| CPR 52.9 | 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 |