England and Wales · Court of Appeal and Supreme Court
When is the deadline after a qualifying High Court paper JR refusal?
Under CPR 52.8(4), a qualifying paper-refusal permission application must be made within 7 days after service of the High Court refusal order. Establish the limited paper route before counting.
- Period
- 7 calendar days after the established operative event
- Trigger
- Service of the order of the High Court refusing permission to apply for judicial review
- Rule
- CPR 52.8(2),(4)
CPR 52.8(2),(4) and its official supporting provisions were retained on October 8, 2026. This review concerns when is the deadline after a qualifying high court paper jr refusal, not an earlier rule edition or a different appeal route.
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When is the deadline after a qualifying High Court paper JR refusal?
Under CPR 52.8(4), a qualifying paper-refusal permission application must be made within 7 days after service of the High Court refusal order. Establish the limited paper route before counting.
Responsible actor. JR appellant.
This paper-refusal clock follows service of the order. Its hearing counterpart follows the decision at the hearing.
Rule 52.8(4) specifies service of the High Court order refusing JR permission.
Rule 52.8(2) identifies paper refusal concerning an Upper Tribunal decision or a refusal recorded totally without merit. Statutory jurisdiction restrictions still require separate review.
CPR 52.8(2),(4)How does this provision count time?
- Under CPR 52.8(4), a qualifying paper-refusal permission application must be made within 7 days after service of the High Court refusal order. Establish the limited paper route before counting.
- No. The cases described by 52.8(2), and any statutory restrictions, must be established.
- Use effective service of the actual refusal order and file the application at the Court of Appeal. A mere judgment date does not establish this event.
For CPR 52.8(2),(4), 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(2),(4) 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(2),(4)What do independently checked examples show?
Fictitious example
The High Court paper refusal order is effectively served on October 08 in a legally available rule 52.8(2) route. Rule 52.8(2) identifies paper refusal concerning an Upper Tribunal decision or a refusal recorded totally without merit. Statutory jurisdiction restrictions still require separate review.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | The High Court paper refusal order is effectively served on October 08 in a legally available rule 52.8(2) route. Rule 52.8(2) identifies paper refusal concerning an Upper Tribunal decision or a refusal recorded totally without merit. Statutory jurisdiction restrictions still require separate review. 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 paper refusal order is effectively served on October 17 in a legally available rule 52.8(2) route. For this calendar counterexample the case and event branch are otherwise established. Rule 52.8(2) identifies paper refusal concerning an Upper Tribunal decision or a refusal recorded totally without merit. Statutory jurisdiction restrictions still require separate review. 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 qualifying High Court paper refusal was made earlier, but its order is effectively served on Monday, August 24, 2026. The paper branch uses service, not the bare decision. Rule 52.8(2) identifies paper refusal concerning an Upper Tribunal decision or a refusal recorded totally without merit. Statutory jurisdiction restrictions still require separate review. 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
- Rule 52.8(2) identifies paper refusal concerning an Upper Tribunal decision or a refusal recorded totally without merit. Statutory jurisdiction restrictions still require separate review.
- Required completion
- Use effective service of the actual refusal order and file the application at the Court of Appeal. A mere judgment date does not establish this event.
- Related procedure distinction
- This paper-refusal clock follows service of the order. Its hearing counterpart follows the decision at the hearing.
- Rule 52.8(2) identifies paper refusal concerning an Upper Tribunal decision or a refusal recorded totally without merit. Statutory jurisdiction restrictions still require separate review.
- This paper-refusal clock follows service of the order. Its hearing counterpart follows the decision at the hearing.
What must the responsible actor complete?
Questions about this procedure
When is the deadline after a qualifying High Court paper JR refusal?
What starts the paper-refusal seven days?
Rule 52.8(4) specifies service of the High Court order refusing JR permission.
CPR 52.8(2),(4)Does every paper JR refusal enter this Court of Appeal branch?
No. The cases described by 52.8(2), and any statutory restrictions, must be established.
CPR 52.8(2),(4)Does a totally-without-merit label affect the available paper route?
Rule 52.8(2) expressly identifies paper refusals recorded totally without merit in accordance with 23.12.
CPR 52.8(2),(4)Can informal knowledge of the refusal replace service?
This provision uses service of the order. Establish service under the applicable rules rather than informal knowledge.
CPR 52.8(2),(4)Can the Court of Appeal grant JR permission instead of appeal permission?
Yes. Rule 52.8(5) expressly provides that alternative.
CPR 52.8(2),(4)How does this differ from refusal at a hearing?
The hearing branch uses the refusal decision date, not service of the subsequent order.
CPR 52.8(2),(4)Official sources and review
Provisions used (3)
| Provision | Purpose |
|---|---|
| CPR 52.8(2),(4) | 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 |