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England and Wales · Court of Appeal and Supreme Court

When may a respondent file reasons to refuse permission?

PD52C 19 encourages a respondent to file and serve a brief permission-opposition statement within 14 days after service of the appellant notice or skeleton argument, whichever is later.

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Period
14 calendar days after the established operative event
Trigger
Service of the appellant's notice, or of the skeleton argument if later
Rule
PD52C 19
PD52C 19

PD52C 19 and its official supporting provisions were retained on October 8, 2026. This review concerns when may a respondent file reasons to refuse permission, not an earlier rule edition or a different appeal route.

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When may a respondent file reasons to refuse permission?

PD52C 19 encourages a respondent to file and serve a brief permission-opposition statement within 14 days after service of the appellant notice or skeleton argument, whichever is later.

Responsible actor. Respondent opposing permission.

This optional permission-stage statement differs from the respondent notice needed to challenge the order or support it on other grounds.

Use the later of service of the appellant notice and the appellant skeleton argument under paragraph 19(1)(a).

The appellant must be seeking permission. Establish both effective service dates and use the later one; a single early notice date can give the wrong starting event.

PD52C 19

How does this provision count time?

  1. PD52C 19 encourages a respondent to file and serve a brief permission-opposition statement within 14 days after service of the appellant notice or skeleton argument, whichever is later.
  2. The provision permits and encourages it. It does not make every respondent file one.
  3. File and serve the statement on the appellant and any other respondent. Keep it focused on the permission threshold and normally within three pages.

For PD52C 19, 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 PD52C 19 step combines court filing with interparty service or notification. An ordinary open endpoint can be shared. A closed endpoint requires separate act-specific dates, so the qualified calculator refuses one automatic answer.

PD52C 19

What do independently checked examples show?

Fictitious example

Both the appellant notice and permission skeleton have been effectively served by October 08, with the later service on that date. The respondent elects to file and serve a permission opposition statement. The appellant must be seeking permission. Establish both effective service dates and use the later one; a single early notice date can give the wrong starting event.

Example counting steps
StepWhat is countedDate
Example 1. Ordinary established factsBoth the appellant notice and permission skeleton have been effectively served by October 08, with the later service on that date. The respondent elects to file and serve a permission opposition statement. The appellant must be seeking permission. Establish both effective service dates and use the later one; a single early notice date can give the wrong starting event. Exactly 14 counted calendar dates follow the established event; the starting date is excluded.Thursday, October 22, 2026
Example 2. Closed-day boundaryBoth the appellant notice and permission skeleton have been effectively served by October 10, with the later service on that date. The respondent elects to file and serve a permission opposition statement. For this calendar counterexample the case and event branch are otherwise established. The appellant must be seeking permission. Establish both effective service dates and use the later one; a single early notice date can give the wrong starting event. Exactly 14 counted calendar dates follow the established event; the starting date is excluded.The closed-day filing extension does not establish the accompanying service deadline. Establish the separate filing and service dates.
Example 3. Material procedural branchThe appellant notice is served earlier. The permission skeleton is effectively served on Monday, August 17, 2026. This later service starts the optional respondent-statement period. The appellant must be seeking permission. Establish both effective service dates and use the later one; a single early notice date can give the wrong starting event. 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.The closed-day filing extension does not establish the accompanying service deadline. Establish the separate filing and service dates.
Example resultThursday, October 22, 2026

Fictitious established facts. These examples do not establish eligibility, effective service, relief or a direction.

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Which conditions and exceptions apply?

Established procedural branch
The appellant must be seeking permission. Establish both effective service dates and use the later one; a single early notice date can give the wrong starting event.
Required completion
File and serve the statement on the appellant and any other respondent. Keep it focused on the permission threshold and normally within three pages.
Related procedure distinction
This optional permission-stage statement differs from the respondent notice needed to challenge the order or support it on other grounds.
PD52C 19
  • The appellant must be seeking permission. Establish both effective service dates and use the later one; a single early notice date can give the wrong starting event.
  • This optional permission-stage statement differs from the respondent notice needed to challenge the order or support it on other grounds.

What must the responsible actor complete?

Questions about this procedure

When may a respondent file reasons to refuse permission?

Which service date starts the fourteen-day statement period?

Use the later of service of the appellant notice and the appellant skeleton argument under paragraph 19(1)(a).

PD52C 19

Is the respondent obliged to submit a permission opposition statement?

The provision permits and encourages it. It does not make every respondent file one.

PD52C 19

How long should the permission statement be?

Paragraph 19(1)(b) says not more than three pages, directed to the relevant permission threshold test.

PD52C 19

Can the statement address a stay or extension application too?

Paragraph 19(2) provides for reasons to refuse such additional applications or grant them only on terms.

PD52C 19

Can a single automatically extended date cover closed-day filing and service?

No. Filing and service require separate closure analysis when the ordinary endpoint is closed.

CPR 2.8, calculation of time

Must a respondent take further steps before permission is granted?

Paragraph 19(3) says ordinarily no further steps are needed unless the court directs otherwise.

PD52C 19

Official sources and review

Provisions used (3)
Provisions used in this guide
ProvisionPurpose
PD52C 19Check the identified procedure, event, counting rule or qualification
CPR 2.8, calculation of timeCheck the identified procedure, event, counting rule or qualification
CPR 52.15, variation of timeCheck the identified procedure, event, counting rule or qualification
Read the official controlling provision

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