Q: What appeals are affected by the new rules?A: For the time being, only civil appeals are affected by the rule changes.

Family proceedings are excluded.Q: So nothing is happening to appeals in family cases?A: Wrong.

There is a consultation paper out at the moment called Reform of the Family Appeals System, CP 7/00.

It invites responses by 25 April 2000.

Copies of the paper are available from the Lord Chancellor's Department on 020 7210 0657.Q: When do the changes to civil appeals come into effect?A: On 2 May 2000.Q: But what if my appeal was lodged before 2 May?A: No problem: the new rules do not apply if the notice of appeal was filed, or permission to appeal was sought, before 2 May.Q: Why go to the bother of changing the rules anyway?A: Lord Woolf in his 'Access to Justice' report of July 1996 identified certain hallmarks of a properly functioning civil justice system.

Such a system, he said, needed to be fair in the way it treated individuals involved in its processes, needed to be just in the results it delivered and should keep the costs down proportionately to the amounts involved.

Against the background of those principles it was felt that our present appeal rule s could create uncertainty, were too time-consuming and expensive, gave too much grace to unmeritorious appeals and resulted in too much delay.Q: What lies behind the reforms?A: Sir Jeffrey Bowman published a report in September 1997 called 'Review of the Court of Appeal (Civil Division)'.

That review (to quote from CP 7/00) set out certain principles that are applicable to the appeal process, namely:-- An appeal should not be seen as an automatic next stage in a case.-- An individual who is unhappy with the outcome of his case should always be able to have his case considered by a higher court to see if there are sufficient grounds for appeal.-- Appeals should be handled in ways proportionate to the grounds of complaint and the subject matter of the dispute.-- More than one level of appeal cannot normally be justified except in exceptional cases.-- Certain appeals could be heard at a level lower than the Court of Appeal whilst nevertheless at a level of judge superior to the judge of first instance.Q: Where do I find all the information I need?A: (1) the Civil Procedure (Amendment) Rules 2000 introduce a new Part 52 into the CPR.(2) the Access to Justice Act 1999 (Destination of Appeals) Order 2000 sets out the appeal routes.(3) the March 2000 update to the CPR published by The Stationery Office contains a new Practice Direction 52.

At a mere 37 pages it is compulsory reading for anyone involved with an appeal.

There is not space in this article to deal with all of its contents: it covers not just straightforward appeals, but statutory appeals, appeals by way of case stated and so on as well.Q: Will I still be able to appeal as of right?A: No.

From 2 May an appellant or respondent will always require permission to appeal (see CPR rule 52.3).

There are only three exceptions, namely where the appeal relates to a committal order, or a refusal to grant habeas corpus (some Latin still survives in this new age!) or involves a secure accommodation order under section 25 of the Children Act 1989.Q: To whom do I apply for permission to appeal?A: Rule 52.3(2) contains the answer.

Either orally to the lower court (i.e.

the court you believe got it wrong) at the actual hearing at which the decision was made or to the appeal court (i.e.

the court you hope will put it all right) in an appeal notice.

This can make it tricky: if the advocate forgets, exhausted from the battle lost, to ask for permission to appeal, one cannot go back to the first instance judge; an appeal notice will have to be lodged and the appeal court asked to give the required permission.

But remember that if the lower court refuses permission, then a further application for permission to appeal can be made to the appeal court; if the appeal court refuses permission at an oral hearing, then the appeal is lost.Q: What criteria decide whether permission will be granted?A: As rule 52.3(6) says, permission to appeal will only be granted if the court considers that the appeal would have 'a real prospect of success' (echoing words to be found in Parts 13 and 24), or there is 'some other compelling reason why the appeal should be heard'Q: How long have I got to appeal?A: 14 days from the date of the decision of the lower court.

If the appeal court is to be asked to grant the necessary permission, it must be requested in the appeal notice, and the 14-day period again applies.

But in a difficult case there is scope for either the lower or the appeal court to vary the 14-day time limit.Q: What are the appeal routes?A: -- High Court Master or Distr ict Judge of the High Court to a High Court judge-- Circuit Judge to a High Court Judge-- District Judge in the county court to a Circuit Judge-- Final decision in the multi track (irrespective of the rank of judge) to the Court of Appeal-- Final decision of one of the specialist jurisdictions listed in rule 49(2) to the Court of Appeal.Q: What form does the appeal take?A: Every appeal will be limited to a review of the lower court's decision unless either a PD or the court considers that there should be a rehearing.

Oral evidence will usually not be allowed.

So gone are the days of a first try before the district judge with a more polished re-run before the circuit judge! And there is a steer in PD52 para 4.4 and 4.5 suggesting that case management decisions are not to be routinely reviewed by an appeal court.Q: What do I have to show?A: Rule 52.11(3) states quite simply that an appeal will be allowed if the decision of the lower court was either wrong or unjust because of a serious procedural or other irregularity.

It will be up to the appellant to show that the lower court's decision falls into one of these two categories.Q: Can I have a second appeal?A: An application for permission to appeal the decision of an appeal court must itself be made to the Court of Appeal.

The PD is silent as to the criteria on which the Court of Appeal might grant permission, but bearing in mind the Bowman recommendations set out above the struggle to obtain permission will be all uphill.Q: What else do I need to know?A: The answer is 'a great deal'.

This article is but a brief overview of the main provisions of the new procedures.

There is no substitute for reading the rules and the all-important Practice Direction that sets out all the detailed procedure to be followed.