Appeals applications practice directions

04/11/2011 15:15

Practice direction 30a 2010


deal with appeals. The Practice Direction comes into effect on the 6th April, the same day as the Rules generally. They set out the routes of appeal: namely that appeals from District Judges in either the family proceedings court or the county court are to a Circuit Judge. However an appeal from a District Judge of the Principal Registry is to a High Court Judge. The general time limit for serving notice of appeal is 21 days. However if the appeal is from the decision of the family proceedings court to make an interim care order under section 38 (1) of the Children Act, then the limit is 7 days (Part 30.4 (3)). In keeping with the effort to use plain language, a party seeks permission, rather than leave, to appeal. It is essential that practitioners who seek to appeal a decision comply with both the Rules set out in Part 30 but more importantly the procedures set out in Practice Direction 30A.