England and Wales · Court of Appeal and Supreme Court
When must a respondent file its Court of Appeal notice?
Absent a different lower-court direction, CPR 52.13 gives 14 days after the applicable service notification. The trigger depends on whether permission was granted below, granted later by the appeal court, or listed with the appeal.
- Period
- 14 calendar days after the established operative event
- Trigger
- Service on the respondent of the appellant's notice (where the lower court gave permission or none is required), or of notification that the appeal court has granted permission, or of notification that the permission application and the appeal will be heard together
- Rule
- CPR 52.13(2)–(5)
CPR 52.13(2)–(5) and its official supporting provisions were retained on October 8, 2026. This review concerns when must a respondent file its court of appeal notice, not an earlier rule edition or a different appeal route.
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When must a respondent file its Court of Appeal notice?
Absent a different lower-court direction, CPR 52.13 gives 14 days after the applicable service notification. The trigger depends on whether permission was granted below, granted later by the appeal court, or listed with the appeal.
Responsible actor. Respondent.
Respondent-notice filing has three alternative service triggers. Its later seven-day service period starts after the respondent notice is filed.
No. If permission remains pending in the appeal court, the later permission notification or combined-hearing notification can be the operative event.
Use the established permission branch. Service of the appellant notice starts time only when permission was given below or is unnecessary; pending permission can use a later notification.
CPR 52.13(2)–(5)How does this provision count time?
- Absent a different lower-court direction, CPR 52.13 gives 14 days after the applicable service notification. The trigger depends on whether permission was granted below, granted later by the appeal court, or listed with the appeal.
- Rule 52.13(2) covers seeking permission or asking the appeal court to uphold the order for different or additional reasons.
- File the respondent notice when seeking appeal permission or asking to uphold the order for different or additional reasons. Request needed permission within it.
For CPR 52.13(2)–(5), exclude the established starting day and count the next 14 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 52.13(2)–(5) 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 52.13(2)–(5)What do independently checked examples show?
Fictitious example
Permission was given below or is not needed, and the appellant notice is effectively served on October 08. No different lower-court direction applies. Use the established permission branch. Service of the appellant notice starts time only when permission was given below or is unnecessary; pending permission can use a later notification.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | Permission was given below or is not needed, and the appellant notice is effectively served on October 08. No different lower-court direction applies. Use the established permission branch. Service of the appellant notice starts time only when permission was given below or is unnecessary; pending permission can use a later notification. Exactly 14 counted calendar dates follow the established event; the starting date is excluded. | Thursday, October 22, 2026 |
| Example 2. Closed-day boundary | Permission was given below or is not needed, and the appellant notice is effectively served on October 10. No different lower-court direction applies. For this calendar counterexample the case and event branch are otherwise established. Use the established permission branch. Service of the appellant notice starts time only when permission was given below or is unnecessary; pending permission can use a later notification. Ordinary England/Wales weekend or August 31 bank holiday. No exceptional court-office closure or contrary direction. Exactly 14 counted calendar dates follow the established event; the starting date is excluded. | Monday, October 26, 2026 |
| Example 3. Material procedural branch | The appellant notice was served while permission remained pending. The respondent is effectively served with notification of permission being granted on Monday, August 17, 2026. That later notification starts this branch. Use the established permission branch. Service of the appellant notice starts time only when permission was given below or is unnecessary; pending permission can use a later notification. This example establishes the stated operative branch independently of the calendar arithmetic. Exactly 14 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
- Use the established permission branch. Service of the appellant notice starts time only when permission was given below or is unnecessary; pending permission can use a later notification.
- Required completion
- File the respondent notice when seeking appeal permission or asking to uphold the order for different or additional reasons. Request needed permission within it.
- Related procedure distinction
- Respondent-notice filing has three alternative service triggers. Its later seven-day service period starts after the respondent notice is filed.
- Use the established permission branch. Service of the appellant notice starts time only when permission was given below or is unnecessary; pending permission can use a later notification.
- Respondent-notice filing has three alternative service triggers. Its later seven-day service period starts after the respondent notice is filed.
What must the responsible actor complete?
Questions about this procedure
When must a respondent file its Court of Appeal notice?
Does every appellant notice immediately start respondent filing time?
No. If permission remains pending in the appeal court, the later permission notification or combined-hearing notification can be the operative event.
CPR 52.13(2)–(5)When is a respondent notice mandatory?
Rule 52.13(2) covers seeking permission or asking the appeal court to uphold the order for different or additional reasons.
CPR 52.13(2)–(5)Can a lower-court direction change the ordinary fourteen days?
Yes. Rule 52.13(4)(a) gives priority to the directed period.
CPR 52.13(2)–(5)Where should a respondent request needed permission?
Rule 52.13(3) requires the request in the respondent notice.
CPR 52.13(2)–(5)Does filing the respondent notice also complete service?
No. Rule 52.13(6) imposes a separate prompt-service obligation and seven-day outer limit.
CPR 52.13(2)–(5)How should a late respondent seek an extension?
PD52C 12 says to apply in the respondent notice and explain the delay.
PD52C 12, respondent extension applicationOfficial sources and review
Provisions used (4)
| Provision | Purpose |
|---|---|
| CPR 52.13(2)–(5) | 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 |
| PD52C 12, respondent extension application | Check the identified procedure, event, counting rule or qualification |