The Rules of the Supreme Court (Amendment) 1979

3.  Order 59 shall be amended as follows:—

(1) The following new paragraph shall be added to rule 3:—

“(6) No notice of appeal shall be given by a respondent in a case to which rule 6(1) relates.”.

(2) The following words shall be added to rule 5(4):—

“and any extension of time allowed under paragraph (1).”.

(3) The following rule shall be substituted for rule 6:—

“Respondent's notice

6.— (1) A respondent who, having been served with a notice of appeal, desires—

(a) to contend on the appeal that the decision of the court below should be varied, either in any event or in the event of the appeal being allowed in whole or in part, or

(b) to contend that the decision of the court below should be affirmed on grounds other than those relied upon by that court, or

(c) to contend by way of cross-appeal that the decision of the court below was wrong in whole or in part,

must give notice to that effect, specifying the grounds of his contention and, in a case to which paragraph (a) or (c) relates, the precise form of the order which he proposes to ask the Court to make.

(2) Except with the leave of the Court of Appeal, a respondent shall not be entitled on the hearing of the appeal to apply for any relief not specified in a notice under paragraph (1) or to rely, in support of any contention, upon any ground which has not been specified in such a notice or relied upon by the court below.

(3) Any notice given by a respondent under this rule (in this Order referred to as a “respondent's notice”) must be served on the appellant, and on all parties to the proceedings in the court below who are directly affected by the contentions of the respondent, and must be served—

(a) where the notice of appeal related to an interlocutory order, within seven days, and

(b) in any other case, within 21 days,

after the service of the notice of appeal on the respondent.

(4) A party by whom a respondent's notice is given must, within two days after service of the notice, furnish two copies of the notice to the proper officer as defined by rule 5(5).”.

(4) Rule 8 shall be amended as follows:—

(a) For the words “the notice of appeal” in paragraph (1) there shall be substituted the words “a notice of appeal or respondent's notice”.

(b) Paragraph (2) shall be omitted and paragraph (3) shall be renumbered as paragraph (2).