England and Wales · Court of Appeal and Supreme Court
When must a respondent object to extra appeal-notice time?
Under PD52C 4(3), an eligible respondent must inform the court in writing of objections within 7 days after service of the appellant notice. This branch requires permission already granted or no permission requirement.
- Period
- 7 calendar days after the established operative event
- Trigger
- Service on the respondent of an appellant's notice containing an extension application, but only where permission to appeal has already been given or is not required (PD52C para 4(3) opening words)
- Rule
- PD52C 4(3)
PD52C 4(3) and its official supporting provisions were retained on October 8, 2026. This review concerns when must a respondent object to extra appeal-notice time, not an earlier rule edition or a different appeal route.
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When must a respondent object to extra appeal-notice time?
Under PD52C 4(3), an eligible respondent must inform the court in writing of objections within 7 days after service of the appellant notice. This branch requires permission already granted or no permission requirement.
Responsible actor. Respondent.
This objection answers an existing late-notice application. It is distinct from opposing permission to appeal under paragraph 19.
Paragraph 4(3) requires an extension application and permission already granted or unnecessary.
The appellant notice must contain an extension application. The respondent right described by paragraph 4(3) assumes permission has been given or is unnecessary.
PD52C 4(3)How does this provision count time?
- Under PD52C 4(3), an eligible respondent must inform the court in writing of objections within 7 days after service of the appellant notice. This branch requires permission already granted or no permission requirement.
- Effective service of the appellant notice containing the application starts it, not the date the respondent learns of the appeal informally.
- Send written objections to the court within the established period. Keep the served notice and supporting evidence; the application is normally decided without a hearing.
For PD52C 4(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 PD52C 4(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.
PD52C 4(3)What do independently checked examples show?
Fictitious example
The respondent is effectively served on October 08 with the notice containing an extension application. Permission already exists or is unnecessary. The appellant notice must contain an extension application. The respondent right described by paragraph 4(3) assumes permission has been given or is unnecessary.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | The respondent is effectively served on October 08 with the notice containing an extension application. Permission already exists or is unnecessary. The appellant notice must contain an extension application. The respondent right described by paragraph 4(3) assumes permission has been given or is unnecessary. Exactly 7 counted calendar dates follow the established event; the starting date is excluded. | Thursday, October 15, 2026 |
| Example 2. Closed-day boundary | The respondent is effectively served on October 17 with the notice containing an extension application. Permission already exists or is unnecessary. For this calendar counterexample the case and event branch are otherwise established. The appellant notice must contain an extension application. The respondent right described by paragraph 4(3) assumes permission has been given or is unnecessary. 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 respondent learns of the proposed extension earlier, but the appellant notice containing it is effectively served on Monday, August 24, 2026. Permission already exists or is unnecessary. The appellant notice must contain an extension application. The respondent right described by paragraph 4(3) assumes permission has been given or is unnecessary. 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 appellant notice must contain an extension application. The respondent right described by paragraph 4(3) assumes permission has been given or is unnecessary.
- Required completion
- Send written objections to the court within the established period. Keep the served notice and supporting evidence; the application is normally decided without a hearing.
- Related procedure distinction
- This objection answers an existing late-notice application. It is distinct from opposing permission to appeal under paragraph 19.
- The appellant notice must contain an extension application. The respondent right described by paragraph 4(3) assumes permission has been given or is unnecessary.
- This objection answers an existing late-notice application. It is distinct from opposing permission to appeal under paragraph 19.
What must the responsible actor complete?
Questions about this procedure
When must a respondent object to extra appeal-notice time?
Does every late appellant notice trigger this objection branch?
Paragraph 4(3) requires an extension application and permission already granted or unnecessary.
PD52C 4(3)What event starts the seven-day objection period?
Effective service of the appellant notice containing the application starts it, not the date the respondent learns of the appeal informally.
PD52C 4(3)Must the respondent receive supporting extension evidence?
PD52C 4(3)(a)(i) requires service of any evidence filed in support of the extension application.
PD52C 4(3)Will the court normally hold an extension hearing?
Paragraph 4(3)(c) says determination is normally without a hearing unless the court directs otherwise.
PD52C 4(3)Can unreasonable opposition cause a costs order?
Yes. Paragraph 4(3)(b) expressly permits an order against a respondent who unreasonably opposes the extension.
PD52C 4(3)Is this the fourteen-day permission opposition statement?
No. Paragraph 19 addresses reasons to refuse permission; paragraph 4 addresses extending notice-filing time.
PD52C 4(3)Official sources and review
Provisions used (3)
| Provision | Purpose |
|---|---|
| PD52C 4(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 |