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England and Wales · Civil Procedure Rules

Which deadline applies to a statutory civil appeal under PD 52D?

The enabling statute and actual appeal route control. PD 52D contains different periods and events. Its twenty-eight-day Upper Tribunal provision is not a universal deadline for every statutory appeal.

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Period
The specific statutory or practice-direction period
Trigger
The decision, sealed order, sent permission notice or other event specified by the actual appeal provision
Rule
PD 52D paragraphs 3.3, 3.3A, 3.5, 4.2 and 11.1
PD 52D paragraphs 3.3, 3.3A, 3.5, 4.2 and 11.1

The source comparison uses PD 52D paragraphs 3.3, 3.3A, 3.5, 4.2 and 11.1. PD 52D’s general framework does not make the UT, EAT, housing, planning and other statutory appeals one procedure.

Source guide · No automated date

Check the applicable procedure

Identify the tribunal or decision-maker, appellate court, permission route and enabling enactment. A generic decision date cannot settle all PD 52D appeals. Paragraph 11.1(2) uses twenty-one days from the sealed EAT order where EAT permission was refused or not sought.

PD 52D paragraphs 3.3, 3.3A, 3.5, 4.2 and 11.1

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Which deadline applies to a statutory civil appeal under PD 52D?

The enabling statute and actual appeal route control. PD 52D contains different periods and events. Its twenty-eight-day Upper Tribunal provision is not a universal deadline for every statutory appeal.

Responsible actor. The appellant using the established statutory appeal route.

The decision, sealed order, sent permission notice or other event specified by the actual appeal provision

Paragraph 3.3 concerns notice of the UT permission decision sent to the appellant, subject to rule 52.9.

Identify the tribunal or decision-maker, appellate court, permission route and enabling enactment. A generic decision date cannot settle all PD 52D appeals.

PD 52D paragraphs 3.3, 3.3A, 3.5, 4.2 and 11.1

How does this provision count time?

  1. Count the period specified for the actual route from its own event. The sent date in paragraph 3.3 differs from an EAT sealed order under paragraph 11.1.
  2. Paragraph 11.1(2) uses twenty-one days from the sealed EAT order where EAT permission was refused or not sought.

Count the period specified for the actual route from its own event. The sent date in paragraph 3.3 differs from an EAT sealed order under paragraph 11.1.

Assess the actual filing act, applicable counting provisions and statutory extension restrictions. Do not apply a generic twenty-eight-day rollover to every appeal.

PD 52D paragraphs 3.3, 3.3A, 3.5, 4.2 and 11.1

Which facts prevent one automatic date?

Identify the tribunal or decision-maker, appellate court, permission route and enabling enactment. A generic decision date cannot settle all PD 52D appeals. Paragraph 11.1(2) uses twenty-one days from the sealed EAT order where EAT permission was refused or not sought.

ResultRead the operative provision and establish the applicable branch.

The EAT sealed order is dated October 9, 2026 and EAT permission was refused. Paragraph 11.1(2) supplies its specific twenty-one-day branch, rather than a generic twenty-eight days. Use the established EAT route and sealed-order event.

A statutory appeal’s nominal endpoint meets an office closure. The actual statute, counting rule and extension restrictions must be checked. Review that route before assuming a carried filing date.

The UT sends its permission decision and sends reasons later. Paragraphs 3.3 and 3.3A distinguish their operative events. Use the actual sent event required by the applicable paragraph.

Which conditions and exceptions apply?

Applicable procedure
Paragraph 3.3 concerns notice of the UT permission decision sent to the appellant, subject to rule 52.9.
Material qualification
Paragraph 11.1(2) uses twenty-one days from the sealed EAT order where EAT permission was refused or not sought.
Completion and variation
Paragraph 3.5 restricts extensions of statutory filing periods unless the statute provides otherwise.
PD 52D paragraphs 3.3, 3.3A, 3.5, 4.2 and 11.1
  • Identify the tribunal or decision-maker, appellate court, permission route and enabling enactment. A generic decision date cannot settle all PD 52D appeals.
  • PD 52D’s general framework does not make the UT, EAT, housing, planning and other statutory appeals one procedure.

What must the responsible actor complete?

Questions about this procedure

Which deadline applies to a statutory civil appeal under PD 52D?

Is twenty-eight days the default for every statutory appeal?

No. Paragraph 3.3 is a specific Upper Tribunal branch. Other statutes and paragraphs prescribe different periods and events.

PD 52D paragraphs 3.3, 3.3A, 3.5, 4.2 and 11.1

Which UT event does PD 52D paragraph 3.3 use?

It uses the date notice of the UT decision on permission to appeal to the Court of Appeal is sent, subject to rule 52.9.

PD 52D paragraphs 3.3, 3.3A, 3.5, 4.2 and 11.1

What if the UT statement of reasons is sent later?

Paragraph 3.3A addresses later reasons and calculates the filing period from the date the statement is sent.

PD 52D paragraphs 3.3, 3.3A, 3.5, 4.2 and 11.1

What period applies to the identified EAT permission branch?

Paragraph 11.1(2) uses twenty-one days from the sealed EAT order when permission was refused by the EAT or not sought.

PD 52D paragraphs 3.3, 3.3A, 3.5, 4.2 and 11.1

Can the court always extend a statutory appeal period?

No. Paragraph 3.5 says it may not extend a statutory period unless the statute otherwise provides.

PD 52D paragraphs 3.3, 3.3A, 3.5, 4.2 and 11.1

Does the practice direction itself create a right of appeal?

No. Paragraph 4.1 says the listed special provisions do not create, amend or remove appeal rights. Establish the enabling enactment.

PD 52D paragraphs 3.3, 3.3A, 3.5, 4.2 and 11.1

Official sources and review

Provisions used (3)
Provisions used in this guide
ProvisionPurpose
PD 52D paragraphs 3.3, 3.3A, 3.5, 4.2 and 11.1Check the identified procedure, event, counting rule or qualification
CPR 2.8 and 2.9Check the identified procedure, event, counting rule or qualification
CPR 52.1(2)Check the identified procedure, event, counting rule or qualification
Read the official controlling provision

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