England and Wales · Court of Appeal and Supreme Court
When is a separate Supreme Court cross-appeal notice needed?
Rule 23(5)(a) allows the cross-permission application to stand as the cross-appeal notice, or requires the appropriate notice filed and served within 42 days of the applicable permission or appeal-notice event. Establish which procedural branch applies.
- Period
- 42 calendar days after the established operative event
- Trigger
- The permission or appeal-notice event applicable to the established rule 23(5)(a) cross-appeal branch
- Rule
- Supreme Court Rules 2024, rule 23(5)
Supreme Court Rules 2024, rule 23(5) and its official supporting provisions were retained on October 8, 2026. This review concerns when is a separate supreme court cross-appeal notice needed, not an earlier rule edition or a different appeal route.
Source guide · No automated date
Check the applicable procedure
Where the Court grants cross-permission, PD 4.37 makes the application stand as the notice and requires an intention-to-proceed notice under rule 19. Where cross-permission is unnecessary, PD 4.38 describes the separate 42-day notice. Establish this route before selecting the event. Identify whether the application already stands as the notice. If a separate notice is required, file and serve the proper form and follow the modified appeal requirements.
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When is a separate Supreme Court cross-appeal notice needed?
Rule 23(5)(a) allows the cross-permission application to stand as the cross-appeal notice, or requires the appropriate notice filed and served within 42 days of the applicable permission or appeal-notice event. Establish which procedural branch applies.
Responsible actor. The cross-appellant using the established notice branch.
Applying for cross-permission and giving a separate cross-appeal notice are different steps. Do not add a second notice when the application already stands as one.
No. Rule 23(5)(a) permits the permission application to stand as that notice.
Where the Court grants cross-permission, PD 4.37 makes the application stand as the notice and requires an intention-to-proceed notice under rule 19. Where cross-permission is unnecessary, PD 4.38 describes the separate 42-day notice. Establish this route before selecting the event.
Supreme Court Rules 2024, rule 23(5)How does this provision count time?
- Rule 23(5)(a) allows the cross-permission application to stand as the cross-appeal notice, or requires the appropriate notice filed and served within 42 days of the applicable permission or appeal-notice event. Establish which procedural branch applies.
- The provision states 42 days from the applicable grant of permission or filing of the appeal notice.
- Identify whether the application already stands as the notice. If a separate notice is required, file and serve the proper form and follow the modified appeal requirements.
The event specified by Supreme Court Rules 2024, rule 23(5) 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, rule 23(5), 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, rule 23(5)Which facts prevent one automatic date?
Where the Court grants cross-permission, PD 4.37 makes the application stand as the notice and requires an intention-to-proceed notice under rule 19. Where cross-permission is unnecessary, PD 4.38 describes the separate 42-day notice. Establish this route before selecting the event. Identify whether the application already stands as the notice. If a separate notice is required, file and serve the proper form and follow the modified appeal requirements.
Cross-permission is unnecessary and the original appeal notice is filed on October 8,2026. The respondent must establish the separate notice branch under PD 4.38. Rule 23(5)(a) allows the cross-permission application to stand as the cross-appeal notice, or requires the appropriate notice filed and served within 42 days of the applicable permission or appeal-notice event. Establish which procedural branch applies. Identify whether the application already stands as the notice. If a separate notice is required, file and serve the proper form and follow the modified appeal requirements.
The ordinary 42-day endpoint associated with Supreme Court Rules 2024, rule 23(5) falls during a weekend or the Registry Christmas closure, and no contrary direction is yet established. For Supreme Court Rules 2024, rule 23(5), 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. Establish the actual filing and service branch before relying on one deadline for this procedure.
The permission application already stands as the cross-appeal notice, but the respondent assumes a second notice is always required. No. Rule 23(5)(a) permits the permission application to stand as that notice. Applying for cross-permission and giving a separate cross-appeal notice are different steps. Do not add a second notice when the application already stands as one.
Which conditions and exceptions apply?
- Established procedural branch
- Where the Court grants cross-permission, PD 4.37 makes the application stand as the notice and requires an intention-to-proceed notice under rule 19. Where cross-permission is unnecessary, PD 4.38 describes the separate 42-day notice. Establish this route before selecting the event.
- Required completion
- Identify whether the application already stands as the notice. If a separate notice is required, file and serve the proper form and follow the modified appeal requirements.
- Related procedure distinction
- Applying for cross-permission and giving a separate cross-appeal notice are different steps. Do not add a second notice when the application already stands as one.
- Where the Court grants cross-permission, PD 4.37 makes the application stand as the notice and requires an intention-to-proceed notice under rule 19. Where cross-permission is unnecessary, PD 4.38 describes the separate 42-day notice. Establish this route before selecting the event.
- Applying for cross-permission and giving a separate cross-appeal notice are different steps. Do not add a second notice when the application already stands as one.
What must the responsible actor complete?
Questions about this procedure
When is a separate Supreme Court cross-appeal notice needed?
Does every cross-appellant file a new cross-appeal notice?
No. Rule 23(5)(a) permits the permission application to stand as that notice.
Supreme Court Rules 2024, rule 23(5)What period applies where a separate notice is required?
The provision states 42 days from the applicable grant of permission or filing of the appeal notice.
Supreme Court Rules 2024, rule 23(5)Is filing alone enough for the separate notice?
Rule 23(5)(a) requires filing and service.
Supreme Court Rules 2024, rule 23(5)Can one date input choose which cross-appeal branch applies?
No. PD 4.37 uses the Court-granted-permission continuation route; PD 4.38 addresses the separate notice where cross-permission is unnecessary.
UKSC PD 4.37–4.38Do the ordinary appeal rules disappear for cross-appeals?
Rule 23 applies Part 4 with appropriate modifications.
Supreme Court Rules 2024, rule 23(5)Can a closed Registry date automatically extend all cross-notice service?
No. The filing extension and service completion require separate examination.
Supreme Court Rules 2024, rule 23(5)Official sources and review
Provisions used (5)
| Provision | Purpose |
|---|---|
| Supreme Court Rules 2024, rule 23(5) | Check the identified procedure, event, counting rule or qualification |
| Supreme Court Rules 2024, rules 6–8 | Check the identified procedure, event, counting rule or qualification |
| UKSC PD2.3–2.5 and filing and service guidance | Check the identified procedure, event, counting rule or qualification |
| UKSC PD4.37–4.38, cross-appeal commencement | Check the identified procedure, event, counting rule or qualification |
| UKSC PD 4.37–4.38 | Check the identified procedure, event, counting rule or qualification |