England and Wales · Court of Appeal and Supreme Court
When can a High Court JR hearing refusal be taken to the Court of Appeal?
For an available CPR 52.8(1) route, apply for permission to appeal within 7 days after the High Court decision refusing JR permission at a hearing. The decision starts this branch, not later service of its order.
- Period
- 7 calendar days after the established operative event
- Trigger
- Decision of the High Court to refuse permission to apply for judicial review
- Rule
- CPR 52.8(1),(3)
CPR 52.8(1),(3) and its official supporting provisions were retained on October 8, 2026. This review concerns when can a high court jr hearing refusal be taken to the court of appeal, not an earlier rule edition or a different appeal route.
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When can a High Court JR hearing refusal be taken to the Court of Appeal?
For an available CPR 52.8(1) route, apply for permission to appeal within 7 days after the High Court decision refusing JR permission at a hearing. The decision starts this branch, not later service of its order.
Responsible actor. JR appellant.
A hearing refusal uses the decision event. The separately limited High Court paper-refusal branch uses service of the refusal order.
No. Rule 52.8(3) uses the High Court decision when permission was refused at a hearing.
The refusal must have occurred at a High Court hearing. Section 18(1) of the Senior Courts Act 1981 can preclude the route.
CPR 52.8(1),(3)How does this provision count time?
- For an available CPR 52.8(1) route, apply for permission to appeal within 7 days after the High Court decision refusing JR permission at a hearing. The decision starts this branch, not later service of its order.
- No. Rule 52.12 makes its ordinary period subject to the special seven-day provisions in 52.8–52.11.
- Make the permission application to the Court of Appeal. Confirm the hearing refusal and legal availability before applying the seven-day filing period.
For CPR 52.8(1),(3), 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 52.8(1),(3) 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 52.8(1),(3)What do independently checked examples show?
Fictitious example
The High Court refuses JR permission at a hearing on October 08. The Court of Appeal route is legally available. The refusal must have occurred at a High Court hearing. Section 18(1) of the Senior Courts Act 1981 can preclude the route.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | The High Court refuses JR permission at a hearing on October 08. The Court of Appeal route is legally available. The refusal must have occurred at a High Court hearing. Section 18(1) of the Senior Courts Act 1981 can preclude the route. Exactly 7 counted calendar dates follow the established event; the starting date is excluded. | Thursday, October 15, 2026 |
| Example 2. Closed-day boundary | The High Court refuses JR permission at a hearing on October 17. The Court of Appeal route is legally available. For this calendar counterexample the case and event branch are otherwise established. The refusal must have occurred at a High Court hearing. Section 18(1) of the Senior Courts Act 1981 can preclude the route. 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 High Court hearing refusal occurs on Monday, August 24, 2026. Service of the later order does not restart this hearing-decision period. The refusal must have occurred at a High Court hearing. Section 18(1) of the Senior Courts Act 1981 can preclude the route. 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 refusal must have occurred at a High Court hearing. Section 18(1) of the Senior Courts Act 1981 can preclude the route.
- Required completion
- Make the permission application to the Court of Appeal. Confirm the hearing refusal and legal availability before applying the seven-day filing period.
- Related procedure distinction
- A hearing refusal uses the decision event. The separately limited High Court paper-refusal branch uses service of the refusal order.
- The refusal must have occurred at a High Court hearing. Section 18(1) of the Senior Courts Act 1981 can preclude the route.
- A hearing refusal uses the decision event. The separately limited High Court paper-refusal branch uses service of the refusal order.
What must the responsible actor complete?
Questions about this procedure
When can a High Court JR hearing refusal be taken to the Court of Appeal?
Does service of the hearing refusal order start this period?
No. Rule 52.8(3) uses the High Court decision when permission was refused at a hearing.
CPR 52.8(1),(3)Is the ordinary 21-day appellant notice period available instead?
No. Rule 52.12 makes its ordinary period subject to the special seven-day provisions in 52.8–52.11.
CPR 52.8(1),(3)Can every High Court JR hearing refusal be appealed?
Rule 52.8(1) excludes cases precluded by section 18(1) of the Senior Courts Act 1981.
CPR 52.8(1),(3)Can the Court of Appeal grant JR permission itself?
Rule 52.8(5) permits that alternative instead of granting permission to appeal.
CPR 52.8(1),(3)Where does the case proceed after JR permission is granted?
Under 52.8(6), it proceeds in the High Court unless the Court of Appeal orders otherwise.
CPR 52.8(1),(3)Does this page cover a paper refusal automatically?
No. The paper route has its own qualifying conditions and service event under 52.8(2),(4).
CPR 52.8(1),(3)Official sources and review
Provisions used (3)
| Provision | Purpose |
|---|---|
| CPR 52.8(1),(3) | 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 |