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The Civil Procedure (Amendment No.2) Rules 2012

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Amendments to the Civil Procedure Rules 1998

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8.  In Part 52—

(a)In rule 52.2, in both the heading and the rule itself, for “Practice Direction 52” substitute “Practice Directions 52A to 52E”;

(b)in rule 52.3, for paragraph (4A) substitute—

“(4A) (a) Where a judge of the Court of Appeal or of the High Court, a Designated Civil Judge or a Specialist Circuit Judge refuses permission to appeal without a hearing and considers that the application is totally without merit, the judge may make an order that the person seeking permission may not request the decision to be reconsidered at a hearing.

(b)For the purposes of subparagraph (a) “Specialist Circuit Judge” means a Patents County Court judge and any circuit judge in any county court nominated to hear cases in the Mercantile, Chancery or Technology and Construction Court lists.”; and

(c)in rule 52.15—

(i)after paragraph (1), insert—

“(1A) Where permission to apply for judicial review of a decision of the Upper Tribunal has been refused by the High Court—

(a)the applicant may apply to the Court of Appeal for permission to appeal;

(b)the application will be determined on paper without an oral hearing.”; and

(ii)in paragraph (2), for “paragraph (1)”, insert “paragraphs (1) or (1A)”.

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