leave to appeal meaning

REMEMBER: The 42-day appeal deadline finishes at 4pm on the 42nd day. It is YOUR duty to ensure ALL required papers are submitted within that period. DO NOT LEAVE IT UNTIL THE LAST MINUTE. If your appeal is missing documents or pages, it is classed as ‘not properly instituted’, meaning it has not been correctly lodged. The Checklist Read sections 1 to 3 of the EAT Practice Direction 2024 and the T440 Guidance. Notice of Appeal: have you completed every section of the Notice of Appeal from decision of Employment Tribunal (Form T444)?...

This Checklist summarises selected procedural requirements set out in the Rules of the Court of Session 1994 (RCS) concerning reclaiming motions in the Inner House of the Court of Session, Scotland. For key interlocutors, it considers whether a reclaiming motion is competent, whether leave to reclaim is required, and the relevant time limits. For guidance on: other aspects of the Inner House, Court of Session, see Practice Notes: Appeals to the Inner House of the Court of Session in Scotland and Reclaiming motions in the Inner House of the Court of Session in Scotland appeals from decisions of the Inner House, see Practice Note: Appeals to the UK Supreme Court in Scottish civil cases the equivalent in England and Wales, see Practice Notes: Civil appeals: general and preliminary considerations—overview, Civil appeals to the County Court and the High Court—overview, Civil appeals to the Court of Appeal—overview and Appeals to the Supreme Court—overview which, as well as offering an overview, provide links to more detailed...

This flowchart sets out applications for permission (leave) to appeal in family proceedings. In family proceedings, this chart sets out applications for permission (leave) to appeal...

STOP PRESS: This document is being revised to take account of the Data (Use and Access) Act 2025 (DUAA 2025), which modifies the UK GDPR and the Data Protection Act 2018. For further guidance on the compliance impact of DUAA 2025, see Practice Note: Data (Use and Access) Act 2025—compliance implications. The UK General Data Protection Regulation (UK GDPR) grants a range of rights to data subjects, including the right to access their personal data. A data subject may submit a request to an organisation to exercise this access right (a data subject access request or DSAR) at any time, and there are strict deadlines for responding to such requests. See Practice Notes: Rights of data subjects How to handle data subject requests This Flowchart sets out a process for assessing DSARs under the UK GDPR. It reflects the obligations in the UK GDPR and the Data Protection Act 2018 (DPA 2018), alongside guidance issued by the Information Commissioner’s Office...

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Poste Hotels Ltd v Cousins [2020] EWHC 582 (Ch) The central question was whether the defendant enjoyed a parking easement giving her the liberty to leave a vehicle in Church Court, Stamford. The County Court judge found that she had acquired such a parking right by prescription, and the claimant challenged that conclusion on appeal. What are the practical implications of this case? The ruling restates key principles on prescriptive easements that advisers should note: Where there are two plausible lawful bases for the use, and the pattern of enjoyment fits either explanation equally, use as of right is not made out A prior grant of a right of way across the car park did not prevent the car park owner from being capable of granting a (hypothetical) right to park, which would operate subject to the earlier right of way; however, the prior grant could not be disturbed Parking may still be ‘as of right’ even if it is exercised subject to the...

Original news Makhlouf v Secretary of State for the Home Department (Northern Ireland) [2016] UKSC 59, [2016] All ER (D) 93 (Nov) The Supreme Court rejected an appeal against a deportation order made against a foreign offender, notwithstanding that his children are British citizens living in the UK. While the appellant argued that removal would violate his and his children’s rights under article 8 of the European Convention on Human Rights, the court decided that, on the evidence, he had no relationship with either child and their lives had been completely unaffected by his being their father. The court also determined that the Secretary of State was not required to undertake further enquiries concerning the appellant and his children beyond those already conducted. What was the background to the case? The appellant, a Tunisian national, married a British citizen in Tunisia in 1996. In 1997, his wife returned to Northern Ireland for the birth of their daughter, and he subsequently joined her. He was granted indefinite leave...

This Practice Note centres on appeals against conviction, sentence, and related orders pursued in the Court of Appeal Criminal Division (CACD) under the Criminal Appeal Act 1968 (CAA 1968), and in accordance with the Criminal Procedure Rules 2025 (CrimPR 2025), SI 2025/909, Parts 36 and 39. It also considers applications advanced by the Attorney General under section 36 of the Criminal Justice Act 1972 (CJA 1972) or section 36 of the Criminal Justice Act 1988 (CJA 1988). It outlines how an appeal is commenced, namely by lodging an application for leave to appeal directly with the Court of Appeal. For further information on obtaining certificates declaring a case fit for appeal from the Crown Court, see Practice Note: Criminal appeals—certificates of fitness to appeal from the Crown Court. For detailed guidance on progressing an appeal in the CACD, see Practice Note: Conducting an appeal in the Court of Appeal Criminal Division (CACD). When can an appeal be made to the Court of Appeal? An appeal to the CACD...

This Practice Note examines challenges and appeals concerning international and domestic arbitral awards in Australia. The relevant legislative framework The International Arbitration Act 1974 (Cth) (IA Act) regulates foreign awards and the forms of recourse available against them within Australia. The IA Act gives effect to the 1958 New York Convention on the Recognition and Enforcement of Arbitration Awards (the New York Convention) and the United Nations Commission on International Trade Law (UNCITRAL) Model Law on International Commercial Arbitration (the Model Law). Domestic awards are governed by harmonised state-based statutes operating in every state and territory, ensuring a coherent regime throughout the country. For the purposes of this Practice Note, all citations to State-based legislation refer to the Commercial Arbitration Act 2010 (NSW) (the CA Act), which applies in New South Wales, unless otherwise indicated. Because the CA Act is largely modelled on the Model Law, and, like the other Australian States and Territories, has been adopted and enacted to establish a uniform framework for domestic arbitration, Australian...

Practice Note This Practice Note sets out the factors an employer should assess when shaping a redundancy policy or procedure, such as the benefits and drawbacks of adopting a written process, whether it belongs in a collective agreement or a policy document, whether it is contractual or non-contractual, the provisions to include and the degree of detail required... Employers generally manage redundancies in one of three ways: On an ad hoc basis, with no written procedure By implementing a written procedure in a policy (which may be contractual, but more commonly is not) By adopting a written procedure within a collective agreement A summary of the key considerations is outlined below: Type of approach Ad hoc What it involves: No written procedure; the employer’s approach may shift according to the circumstances of each redundancy round When it may be appropriate: Smaller employers; where numbers are unlikely to trigger collective consultation obligations; where the employer...

[ To be printed on the employer's headed paper ] [ Date ] Dear [ insert name of employee ], Re: [ insert name of employer ] (the Company) I am writing to [ inform you of OR confirm ] the Company’s decision reached following the capability meeting on [ insert date ] [ , where you were accompanied by [ insert name ], ]. Our letter dated [ insert date of final written warning ] advised that you had received a final written warning in line with the Company's [ Performance and capability procedure ]. That correspondence cautioned that you may face dismissal if the expected improvement in attendance was not achieved, namely: [ set out required improvement and timescale as set out in final written warning ] [ In light of information you provided at the capability meeting, we have disregarded the absence [ s ] on [ insert date(s) ] which were due to [...