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18.34Unless the court directs otherwise, or unless they, too, wish to appeal, a respondent need not take any action when served with an appellant’s notice until they are notified that permission to appeal has been granted (see para 18.21 above in relation to the role of respondents pre-permission).
1PD 20A para 32.18.35Where the respondent has been notified that the permission has been granted (or that the application for permission to appeal has been listed to be heard together with the appeal itself), what they should then do will depend upon what they wish to request of the appeal judge:
•if the respondent wishes to request that the decision of the first instance judge be upheld for the reasons given by that judge, they do not need to file a respondent’s notice;
•if the respondent wishes to request that the decision of the first instance judge be upheld for reasons different to or additional to those given by the first instance judge, they need to file a respondent’s notice (on a COP36 form), otherwise they will not be able to rely upon such reasons except with the permission of the court.
2COPR rr176(1)(b) and 179(5) and PD 20A paras 33–34. 18.36If a respondent also wishes to seek permission to appeal, the respondent should file a respondent’s notice.
3COPR r176(1)(a); PD 20A para 31. Permission, where necessary, must be sought in the respondent’s notice: COPR r176(2). Logically, because permission to appeal has already been granted to the appellant, either by the first instance judge or the appeal judge, and the case is therefore destined to be heard on appeal, permission to the respondent to cross-appeal must be sought from an appeal judge, rather than from the first instance judge.
4COPR r176(1)(a) only speaks of seeking permission to appeal from a judge other than the first instance judge.18.37Where a respondent’s notice is necessary, then (unless the first instance judge makes an order to different effect) it must be filed within 21 days of whichever is the soonest of:
•the date on which the respondent was served with the appellant’s notice (ie where permission to appeal was given by the first instance judge or permission was not required);
•the date on which the respondent was served with notification that an appeal judge has given the appellant permission to appeal; or
•the date on which the respondent was served with notification that the application for permission to appeal and the appeal itself are to be heard together.
5COPR r176(4). 18.38There is no express equivalent to the provisions set out in in PD 20B providing for applying for extensions of time in relation to the filing of the respondent’s notice. However, it is suggested that the same procedure as set out at para 18.20 above would be likely to apply. Especially where an application is made after the expiry of the period for filing of the notice, it is suggested that it would be prudent to ensure that the respondent’s notice details the reason(s) for the delay and the steps taken prior to the application being made.
18.39The same requirements as to service of the respondent’s notice and the filing of a certificate of service apply to respondent’s notices as to appellant’s notices.
6COPR r176(5)–(6).18.40Unsurprisingly, what a respondent must provide in and with a respondent’s notice
7Set out in PD 20A para 40. A respondent can also apply for incidental relief: PD 20A para 41. is very similar to what an appellant must provide in and with an appellant’s notice, save that the respondent is not under the same obligation as the appellant to provide such documents as a suitable record of the judgment.
18.41In any case where the respondent wishes to address arguments to the court (ie whether or not they have filed a respondent’s notice), they must file and serve a skeleton argument.
8PD 20A para 44. If the respondent files a respondent’s notice, then the skeleton argument must either accompany that notice or be filed and served within 21 days of filing that notice.
9PD 20A paras 45–46. A certificate of service is required: PD 20A para 49. If the respondent does not file a respondent’s notice, then any skeleton argument must be filed and served at least seven days before the appeal hearing.
10PD 20A para 47.18.42The same requirements apply to the contents of the respondent’s skeleton argument as to those of an appellant, with the added – unsurprising – requirement that it should, where appropriate, answer the arguments set out in the appellant’s skeleton argument.
11PD 20A para 48.