England and Wales · Civil Procedure Rules
When must I request oral reconsideration of appeal permission refusal?
CPR 52.4(6) requires an eligible oral reconsideration request to be filed within seven days after service of the paper-refusal notice. The rule concerns an appeal court other than the Court of Appeal. A totally-without-merit order or another applicable rule can remove the opportunity.
- Period
- Seven calendar days after the established service event
- Trigger
- Actual ordinary effective service of the eligible paper-refusal notice
- Rule
- CPR 52.4(1)–(6)
The source comparison uses CPR 52.4(1)–(6). The eligible request under rule 52.4 differs from Court of Appeal permission procedures and High Court judicial review renewal under rule 54.12.
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When must I request oral reconsideration of appeal permission refusal?
CPR 52.4(6) requires an eligible oral reconsideration request to be filed within seven days after service of the paper-refusal notice. The rule concerns an appeal court other than the Court of Appeal. A totally-without-merit order or another applicable rule can remove the opportunity.
Responsible actor. The person seeking available oral reconsideration of appeal permission.
Actual ordinary effective service of the eligible paper-refusal notice
The appeal court must fall within rule 52.4, outside the Court of Appeal.
Confirm the appeal court, available renewal opportunity and actual effective notice service. A generic decision date is insufficient. The qualified model covers ordinary 2026–2027 service and court-office filing without a different period or exceptional closure.
CPR 52.4(1)–(6)How does this provision count time?
- Exclude the effective service day and count seven calendar days. Because seven exceeds five, intervening weekends and bank holidays count. Apply the court-office rule to the filing boundary.
- Check the specified totally-without-merit order and any rule or practice direction removing oral reconsideration.
Exclude the effective service day and count seven calendar days. Because seven exceeds five, intervening weekends and bank holidays count. Apply the court-office rule to the filing boundary.
CPR 2.8(5) permits the court-office act on the next open day where its ordinary final day is closed. PD 2A’s further Christmas office closure is distinct from a bank holiday.
CPR 52.4(1)–(6)What do independently checked examples show?
Fictitious example
Actual effective service of the eligible paper-refusal notice. All helper-specific ordinary conditions are expressly assumed for this arithmetic fixture. This list is not proof those facts apply in a real case.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | Actual effective service of the eligible paper-refusal notice. All helper-specific ordinary conditions are expressly assumed for this arithmetic fixture. This list is not proof those facts apply in a real case. Exclude the effective service day and count seven calendar days. Because seven exceeds five, intervening weekends and bank holidays count. Apply the court-office rule to the filing boundary. | Friday, October 16, 2026 |
| Example 2. Closed-day boundary | The seventh day is the PD 2A further Christmas office closure. All helper-specific ordinary conditions are expressly assumed for this arithmetic fixture. This list is not proof those facts apply in a real case. Exclude the effective service day and count seven calendar days. Because seven exceeds five, intervening weekends and bank holidays count. Apply the court-office rule to the filing boundary. | Tuesday, December 29, 2026 |
| Example 3. Material procedural branch | Refusal decision was October9 but the notice was effectively served October12. Service controls. All helper-specific ordinary conditions are expressly assumed for this arithmetic fixture. This list is not proof those facts apply in a real case. Exclude the effective service day and count seven calendar days. Because seven exceeds five, intervening weekends and bank holidays count. Apply the court-office rule to the filing boundary. | Monday, October 19, 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?
- Applicable procedure
- The appeal court must fall within rule 52.4, outside the Court of Appeal.
- Material qualification
- Check the specified totally-without-merit order and any rule or practice direction removing oral reconsideration.
- Completion and variation
- An exceptional closure, alternative service order or different court period falls outside this ordinary model.
- Confirm the appeal court, available renewal opportunity and actual effective notice service. A generic decision date is insufficient. The qualified model covers ordinary 2026–2027 service and court-office filing without a different period or exceptional closure.
- The eligible request under rule 52.4 differs from Court of Appeal permission procedures and High Court judicial review renewal under rule 54.12.
What must the responsible actor complete?
Questions about this procedure
When must I request oral reconsideration of appeal permission refusal?
Does time run from the date the judge refused permission?
Rule 52.4(6) uses service of the notice that permission was refused. The decision date alone is insufficient.
CPR 52.4(1)–(6)Does this request apply in the Court of Appeal?
No. Rule 52.4 concerns an appeal court other than the Court of Appeal. Its permission procedure is separate.
CPR 52.4(1)–(6)Can a totally-without-merit finding bar oral reconsideration?
The identified judge can make the order described in rule 52.4(3). Read the actual refusal and order wording.
CPR 52.4(1)–(6)Are weekends excluded inside the seven days?
No. The short-period exclusion in CPR 2.8(4) applies to five days or fewer.
CPR 52.4(1)–(6)What if the final filing day is the further Christmas office closure?
The ordinary court-office model applies CPR 2.8(5) and PD 2A to move filing to the next open day.
CPR 52.4(1)–(6)Why does the calculator ask for effective service?
Ordinary CPR 6.26 service can occur after sending or after the decision. Enter the legally established service date, not an assumed substitute.
CPR 52.4(1)–(6)Official sources and review
Provisions used (5)
| Provision | Purpose |
|---|---|
| CPR 52.4(1)–(6) | Check the identified procedure, event, counting rule or qualification |
| CPR 2.8 and 2.9 | Check the identified procedure, event, counting rule or qualification |
| CPR 6.26, ordinary non-claim-form effective service | Check the identified procedure, event, counting rule or qualification |
| CPR 6.26 | Check the identified procedure, event, counting rule or qualification |
| PD 2A, paragraphs 2.1, 3.2 and Christmas annex | Check the identified procedure, event, counting rule or qualification |