The Judicial Committee (Appellate Jurisdiction) Rules Order 2009

PART 3 Commencement and preparation of appeal

Form and filing of notice where permission granted by Judicial Committee

17.—(1) Where the Judicial Committee grants permission to appeal, rule 18 shall not apply and

(a) the application for permission to appeal shall stand as the notice of appeal,

(b) the grounds of appeal shall be limited to those on which permission has been granted;

(c) the appellant must, within 14 days of the grant by the Judicial Committee of permission to appeal, file notice under this rule of an intention to proceed with the appeal.

(2) When notice is filed under rule 17(1)(c), the application for permission to appeal will be re-sealed and the appellant must then

(a) serve a copy on each respondent; and

(b) file the requisite number of copies.

(3) In any other case an appellant must file a notice of appeal under rule 18.

Form and filing of notice where permission not required

18.—(1) Every notice of appeal shall be made in the appropriate form.

(2) The notice of appeal together with the requisite number of copies must be filed within 56 days of the date of the order or decision of the court below or of the date of the order or decision of that court granting permission to appeal (if later).

(3) The grounds of appeal may not (without the permission of the Registrar or the Judicial Committee) differ materially from those for which permission to appeal has been granted.

(4) The appellant must—

(a) serve a copy of the notice of appeal on each respondent before it is filed; and

(b) at the same time as the notice of appeal is filed, file a certificate of service.

(5) The appellant must also file

(a) a copy of the order appealed from and

(b) (if separate) a copy of the order granting permission to appeal and

if the order appealed from is not immediately available, the notice of appeal should be filed without delay and the order filed as soon as it is available.

Acknowledgement by respondent

19.—(1) Each respondent who intends to participate in the appeal must, within 21 days after service under rule 17(2)(a) or rule 18(4)(a), give notice in the appropriate form to the Registrar and file a certificate of service.

(2) Before the notice is filed, a copy must be served on the appellant and any other respondent.

(3) A respondent who does not give notice under this rule will not be permitted to participate in the appeal and will not be given notice of its progress.

The record

20.—(1) As soon as permission to appeal has been granted or a notice of appeal has been filed, the appellant must without delay arrange for the record to be –

(a) certified by the proper officer of the court below;

(b) transmitted to the Registrar and

(c) reproduced.

(2) The form and contents of the reproduced record must comply with the relevant practice direction.

(3) The parties must endeavour to agree the contents of the reproduced record and in the event of a disagreement the Registrar may give whatever directions appear appropriate.

(4) In this rule, “the record” means all such documents (including originating process, pleadings, transcripts of evidence, exhibits, judgments and orders) relating to the proceedings in the court below as are necessary for the hearing of the appeal by the Judicial Committee.

The statement of facts and issues

21.—(1) Within 42 days after the filing of the notice under rule 17(1)(c) or of the filing of the notice of appeal the appellant must prepare and file a statement of the relevant facts and issues.

(2) The form and contents of the statement of facts and issues must comply with the relevant practice direction.

(3) The parties must endeavour to agree the contents of the statement of facts and issues and in the event of a disagreement the Registrar may give whatever directions appear appropriate.

Hearing date

22.—(1) Within 14 days after the filing of the statement of facts and issues, and in order to enable the Registrar to fix the date for the hearing of the appeal, the parties must in compliance with the relevant practice direction notify the Registrar that the appeal is ready to list, specify the number of hours that their respective counsel estimate to be necessary for their oral submissions and file the other required listing particulars.

(2) The Registrar will inform the parties of the date fixed for the hearing.

Filing of case

23.—(1) At least 5 weeks before the hearing date the appellant must file a written case and serve it on the respondent.

(2) At least 3 weeks before the hearing date the respondent must file a written case and serve it on the other parties.

(3) The form and contents of a case and the number of copies to be filed and served must comply with the relevant practice direction.

Authorities

24.  At least 14 days before the hearing date each party must file (if possible in a single agreed volume or series of volumes) the requisite number of copies of any authorities to be cited at the hearing.

Cross-appeals

25.—(1) A respondent who wishes to argue that the order appealed from should be upheld on grounds different from those relied on by the court below, must state that clearly in the respondent’s written case (but need not cross-appeal).

(2) A respondent who wishes to argue that the order appealed from should be varied must obtain permission to cross-appeal either from the court below or from the Judicial Committee.

(3) Part 2 of these Rules will apply (with appropriate modifications) to an application to the Judicial Committee for permission to cross-appeal and (if practicable) applications for permission to appeal and cross-appeal shall be considered together.

(4) Where there is a cross-appeal, this Part of these Rules shall apply (with appropriate modifications) and in particular—

(a) either the application to the Judicial Committee for permission to cross-appeal shall stand as a notice of cross-appeal or such a notice (in the appropriate form) shall be filed and served within 42 days of the grant by the Judicial Committee of permission to appeal or of the filing of the notice of appeal;

(b) there will be only one record and statement of facts and issues and a single case on each side;

(c) the appellant is primarily responsible for the preparation of all the papers for the appeal and for notifying the Registrar under rule 22(1).

Multiple respondents

26.  Where there is more than one respondent any respondent claiming to have a separate interest may (at that respondent’s own risk as to costs) file and serve a separate case.

Intervention

27.—(1) After permission to appeal has been granted by the Judicial Committee or a notice of appeal has been filed, a person claiming to have an interest in an appeal may apply in the appropriate form for permission to intervene in the appeal.

(2) The Judicial Committee will consider the application on paper without a hearing and may refuse permission to intervene or may permit intervention —

(a) by written submissions only; or

(b) by written submissions and oral submissions.

Oral submissions may be limited to a specified duration.