Appeals - general provisions

Version 9 of the Handbook was published on 1 April 2014. For more information, please click "History" above.

Rule 32: Appeals - general provisions

32.1

Appeals under the SRA's own appeals procedure in respect of a decision made under these rules must be made within 28 days of:

(a)

notification of the SRA's decision and reasons;

(b)

deemed refusal under Rule 30.5 above; or

(c)

expiry of the decision period or extension notice under Rule 5;

as applicable.

32.2

Unless otherwise provided in rules of the High Court or the Legal Services Board or in the relevant decision, an appeal to the High Court or appellate body in respect of a decision made under these rules must be made:

(a)

within the period of 28 days from the date on which the notice of the decision that is subject to appeal is given to the appellant;

(b)

within the period of 28 days from the date on which the notice of the refusal of an appeal under the SRA's own appeals procedure is given; or

(c)

within the period of 28 days from the date on which the notice of the decision to impose a condition under the SRA's own appeals procedure is given;

as appropriate.

32.3

An appeal under the SRA's own appeals procedure under Rules 30.2(a), 30.4(a) or 31.2(a), or against the SRA's decision to refuse an approval under Rule 31.3(c), shall be treated as an application for the purpose of these rules.

32.4

If an appeal is made under:

(a)

Rules 30.2(c), 30.4(b), 31.2(c) or 31.3(c), against the SRA's decision to withdraw an approval; or

(b)

Rules 30.3 or 31.1(a)(iii), against the SRA's decision to revoke or suspend an authorisation under Rule 22;

before the decision takes effect, the decision shall not take effect pending the determination or discontinuance of the appeal, unless in the opinion of the SRA the proceedings on that appeal have been unduly protracted by the appellant or are unlikely to be successful.

32.5

Any decision referred to in Rule 30.6 and 31.4 which is made by the SRA may include a direction that the condition, modification, withdrawal, revocation or suspension shall not take effect until the determination or discontinuance of any appeal.