- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made).
27.—(1) Every contested appeal shall be heard in open court except where it is necessary in the interests of justice or in the public interest to sit in private for part of an appeal hearing.
(2) Where the Court considers it necessary for a party and that party’s representative to be excluded from a hearing or part of a hearing in order to secure that information is not disclosed contrary to the public interest, the Court must conduct the hearing, or that part of it from which the party and the representative are excluded, in private but the Court may exclude a party and any representative only if a person who has been appointed as a special advocate to represent the interests of that party is present when the party and the representative are excluded.
(3) Where the Court decides it is necessary for the Court to sit in private, it shall announce its reasons for so doing publicly before the hearing begins.
(4) Hearings shall be conducted in accordance with—
(a)the relevant practice direction, and
(b)any directions given by the Court
and directions given by the Court may limit oral submissions to a specified duration.
28. A judgment may be—
(a)delivered in open court; or
(b)if the Court so directs, promulgated by the Registrar.
29.—(1) In relation to an appeal or a reference, the Supreme Court has all the powers of the court below and may—
(a)affirm, set aside or vary any order or judgment made or given by that court;
(b)remit any issue for determination by that court;
(c)order a new trial or hearing;
(d)make orders for the payment of interest;
(e)make a costs order.
(2) An order of the Supreme Court may be enforced in the same manner as an order of the court below or of the appropriate superior court.
(3) For the purposes of paragraph (2) “the appropriate superior court” means—
(a)in the case of an appeal or reference from a court in England and Wales, the High Court;
(b)in the case of an appeal or reference from a court in Scotland—
(i)where the appeal or reference is in civil proceedings, the Court of Session; and
(ii)where the appeal or reference is in criminal proceedings, the High Court of Justiciary;
(c)in the case of an appeal or reference from a court in Northern Ireland, the High Court in Northern Ireland.
(4) In the case of references other than those mentioned in paragraph (3) “the appropriate superior court” in paragraph (2) means—
(a)where the reference is under the Scotland Act 1998, the Court of Session;
(b)where the reference is under the Northern Ireland Act 1998, the High Court in Northern Ireland; and
(c)where the reference is under the Government of Wales Act 2006, the High Court.
(5) Every order of the Court shall be prepared and sealed by the Registrar who may invite written submissions as to the form of the order.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: