The Supreme Court Rules 2009

PART 4 Hearing and decision of appeal

Hearing in open court

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.

Judgment

28.  A judgment may be—

(a) delivered in open court; or

(b) if the Court so directs, promulgated by the Registrar.

Orders

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.