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63 provisions
Title and introductory text
2024 No. 949 (L. 13)
SUPREME COURT OF THE UNITED KINGDOM
The Supreme Court Rules 2024
Made
9th September 2024
Laid before Parliament
11th September 2024
Coming into force
2nd December 2024
The President of the Supreme Court makes these Rules in exercise of the powers conferred by section 45 of the Constitutional Reform Act 2005.
In accordance with section 45(4) and (5) of that Act the President of the Supreme Court has consulted the Lord Chancellor, the General Council of the Bar of England and Wales, the Law Society of England and Wales, the Faculty of Advocates of Scotland, the Law Society of Scotland, the General Council of the Bar of Northern Ireland, the Law Society of Northern Ireland and such other bodies representing persons likely to be affected by the Rules as the President of the Supreme Court considered appropriate.
(1) These Rules apply to—
(a) civil and criminal appeals to the Court;
(b) appeals and references under statutory provisions conferring powers on courts, tribunals and law officers to bring appeals or make references to the Court.
(2) The overriding objective of these Rules is to secure that the Court is accessible, fair and efficient.
(3) The Court must interpret and apply these Rules with a view to securing that the Court is accessible, fair and efficient and that unnecessary disputes over procedural matters are discouraged.
(1) In these Rules—
“the Act” means the Constitutional Reform Act 2005;
“the Court” means the Supreme Court of the United Kingdom;
“Justice” means a judge of the Court and includes its President and Deputy President;
“the Registrar” means the Registrar of the Court;
“the Registry” means the Registry of the Court.
(2) In these Rules, except where the context otherwise requires—
“appellant” means a person who files an application for permission to appeal or who files a notice of appeal;
“business day” means any day other than a Saturday, Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971, in England and Wales;
“certificate of service” means a certificate as described in rule 8(5);
“counsel” includes any person with the right to be heard as an advocate at a full hearing before the Court;
“court below” means the court from which an appeal (or application for permission to appeal) is made to the Court;
“court officer” means the Registrar or a member of the court staff;
“devolution jurisdiction” means the jurisdiction transferred to the Court by section 40 of, and Schedule 9 to, the Act and conferred on the Court under the provisions referred to in rule 44;
“electronic means” means email or other means of electronic communication of the contents of documents;
“filing” means filing in the Registry in accordance with rule 7 and related expressions have corresponding meanings;
“form” and the “appropriate form” have the meanings given by rule 5;
“key documents bundle” has the meaning given by rule 28;
“law officer” means, as appropriate to the proceedings—
the Attorney General for England and Wales;
the Counsel General for Wales;
the Advocate General for Scotland and the Lord Advocate; and
the Advocate General for Northern Ireland and the Attorney General for Northern Ireland;
“panel of Justices” means a panel of at least three Justices;
“party” means an appellant, a respondent, a person participating in a reference and a person who has been given permission to intervene under rule 24 or rule 25;
“portal”, “portal party” and “non-portal party” have the meanings given by rule 4;
“respondent” includes a respondent to an application for permission to appeal;
“service” and related expressions have the meanings given by rule 8;
“solicitor” includes any person authorised to provide legal services other than as counsel in connection with proceedings before the Court;
“statement of facts and issues” has the meaning given by rule 27(1).
(3) References in these Rules to a practice direction mean a practice direction issued by the President of the Court.
(4) References in these Rules or in any form to a party’s signing, filing or serving any document or taking any other procedural step include the signature, filing or service of that document or the taking of such other procedural step by the party’s solicitor.
(5) Where any of these Rules or any practice direction requires a document to be signed, that requirement is satisfied if the signature is printed by computer or other mechanical means.
(6) Where these Rules require or permit the Court to perform an act of a formal or administrative character, that act may be performed by a court officer.
(1) In these Rules—
(a) the “portal” means the portal for filing and managing cases at the Court electronically;
(b) a “portal party” is a party who (or whose representative) has been granted access to the relevant case file on the portal for the purpose of taking part in the appeal;
(c) a “non-portal party” is a party who (or whose representative) has not been granted access to the relevant case file on the portal.
(2) A person who wishes to participate in an appeal as a party and who is legally represented by a solicitor or counsel must be a portal party in respect of that appeal.
(3) A party who is not legally represented may be a portal party or a non-portal party.
(4) A party who is or becomes a portal party at any stage of an appeal must remain a portal party until that appeal is finally disposed of, unless permitted to become a non-portal party by the Registrar.
(5) A party who is a non-portal party at the start of an appeal but who becomes a portal party during the course of the appeal must notify the other parties to the appeal of that fact via the portal.
(6) Orders issued in the portal are sealed with an electronic seal.
(1) In these Rules, a form means a form set out in a practice direction and a reference to the “appropriate form” means the form provided by the relevant practice direction for any particular case.
(2) The forms must be used in the cases to which they apply, and in the circumstances for which they are provided by the relevant practice direction, but a form may be varied by the Court or a party if the variation is required by the circumstances of a particular case.
(1) Unless to do so would be contrary to any enactment, the Court may extend or shorten any time limit set by these Rules or any relevant practice direction—
(a) of its own motion; or
(b) on the application of one or more parties,
and may do so after the time limit has expired.
(2) Where appropriate, the Registrar shall notify the parties when a time limit is varied under this rule.
(3) Where a party to a proposed appeal has applied for public funding and the Registrar is informed of the application, the Registrar may extend the time limits provided for in these rules until after the final determination of the application for public funding, having regard in particular to the promptness with which the party has made and the manner in which the party has pursued that application.
(4) Where a period for the doing of any act is specified by these Rules, by a practice direction or by a judgment or order—
(a) an act done at the Registry shall be in time if done on the next day on which the Registry is open, if the period ends on a day on which the Registry is closed; and
(b) that period expires at midnight on the last day according to the local time of the place where the person does the act.
(1) Documents shall be filed in the Registry by portal and non-portal parties in accordance with this rule.
(2) Save where otherwise expressly provided for by these rules, a portal party must file all documents via the portal in accordance with the relevant practice direction.
(3) A non-portal party may file a document by any of the following methods—
(a) personal delivery;
(b) a service which provides for tracked delivery and which notifies the sender of the date on which the document is delivered to the addressee;
(c) electronic means.
(4) A document filed by personal delivery or by electronic means is treated as filed on the day it is delivered or sent electronically. A document filed by a tracked delivery service is treated as filed on the day on which it is delivered to the addressee, according to the notification provided by the service to the sender.
(1) “Portal service” means the service of a document which has been filed by a portal party by—
(a) a notification appearing in the portal containing a statement to the effect that that document has been filed; and
(b) the sending of an email alert from the portal to—
(i) the email address for service of the party to be served; and
(ii) the email address for service of the party who would, apart from this rule, be required to serve the document.
(2) If an email alert relating to a document is sent to a party in accordance with paragraph (1)(b)(i), the document is taken to be served on the party—
(a) on the day the email alert was sent if the email alert was sent during the office hours of the Registry; or
(b) on the next business day after the email alert was sent if the email alert was sent outside those hours.
(3) “Non-portal service” means service by any of the following methods—
(a) personal service;
(b) a service which provides for tracked delivery and which notifies the sender of the date on which the document is delivered to the addressee;
(c) (with the consent of the party to be served or at the direction of the Registrar) by electronic means in accordance with the relevant practice direction.
(4) Where the postal address of a non-portal party on whom a document is to be served is unknown, the Registrar may direct that service is effected by an alternative method of service.
(5) A certificate of service by a non-portal party is a certificate giving details of the persons served, and the method of service used, and must state the date on which the document was served personally, delivered to the addressee by the tracked delivery service or sent electronically, as the case may be.
(6) In these Rules, unless expressly otherwise provided, where a party is required to serve a document on another party—
(a) a portal party must serve other portal parties by way of portal service and must serve non-portal parties by way of non-portal service;
(b) a non-portal party must serve all parties by way of non-portal service.
(7) A document served by personal delivery or by electronic means is treated as served on the day it is delivered or sent electronically. A document served by a tracked delivery service is treated as served on the day on which it is delivered to the addressee, according to the notification provided by the service to the sender.
(8) Non-portal service must take place within 7 days of filing the document or of the document being issued by the Court, whichever is the later, subject to any direction to the contrary by the Registrar.
(1) This rule applies to a person who is a portal party and—
(a) who has filed—
(i) an application for permission to appeal under rule 13;
(ii) a notice of objection under rule 15;
(iii) written submissions under rule 16;
(iv) a notice of appeal under rule 20;
(v) a notice of intention to participate under rule 22;
(vi) an application for permission to intervene under rule 24,
(vii) a notice of intention to join the appeal under rule 25; or
(b) who is a party to a reference or appeal under rule 44, 46 or 48.
(2) Save as provided for in paragraph (3), after the person has taken the step referred to in paragraph (1), all communications between that party and the Court must be made via the portal using the public channel which enables all other portal parties participating in the application or appeal to view the communication via the portal.
(3) Communications from persons who have taken the step referred to in paragraph (1)—
(a) relating to confidential matters including payment of fees, anonymisation of the party, or proposed withholding of or redactions from material placed on the Court’s website under rule 42;
(b) relating to matters which are purely routine, uncontentious and administrative;
(c) which are authorised by a rule or practice direction to be sent to the Court without at the same time being provided to the other party or parties or their representatives,
must be made via the portal either using the public channel or by using the confidential channel to which the other portal parties do not have access.
(4) Any communication made via the portal using the confidential channel must state clearly why it is being sent via that channel.
(5) Where a non-portal party is a party to the proceedings, all parties must communicate with the Court and with the other parties in accordance with the relevant practice direction.
(1) Any failure by a party to comply with these Rules or any relevant practice direction does not have the effect of making the proceedings invalid.
(2) Where any provision in these Rules or any relevant practice direction is not complied with, the Court may give whatever directions appear appropriate, having regard to the seriousness of the nom-compliance and generally to the circumstances of the case.
(3) In particular, the Registrar may refuse to accept any document which does not comply with any provision in these Rules or any relevant practice direction and may give whatever directions appear appropriate.
(4) Directions given under this rule may include the summary dismissal of an appeal or debarring a respondent from resisting an appeal.
(1) Subject to paragraph (2), the powers under the following rules may be exercised by a single Justice or the Registrar without an oral hearing—
(a) rule 6 (time limits);
(b) rule 10 (non-compliance with Rules);
(c) rule 36 (change of interest);
(d) rule 37 (withdrawal of appeal);
(e) rule 38 (advocate to the Court and assessors);
(f) rule 39 (security for costs);
(g) rule 40 (stay of execution);
(h) rule 42(4) (redaction of material from published documents); and
(i) rule 44 (devolution jurisdiction and compatibility issues and questions).
(2) Any contested application—
(a) alleging contempt of the Court;
(b) in respect of a direction made under rule 10 dismissing an appeal or debarring a respondent from resisting an appeal; or
(c) for security for costs,
shall be referred to a panel of Justices who shall, in a case of alleged contempt, and may, in any other case, hold an oral hearing.
(3) Where under these Rules any matter falls to be decided by a single Justice, that Justice may, where it appears appropriate, direct an oral hearing or may refer the matter to a panel of Justices to be decided with or without an oral hearing.
(4) Where under these Rules any matter falls to be decided by the Registrar, the Registrar may—
(a) direct an oral hearing;
(b) refer the matter to a single Justice (and paragraphs (1) and (3) shall then apply in relation to the Justice);
(c) refer the matter to a panel of Justices to be decided with or without an oral hearing.
(5) A party may apply for any decision of the Registrar under these Rules to be reviewed by a single Justice (in which case paragraphs (1) and (3) apply in relation to the Justice) and any application under this rule must be filed within 14 days of the Registrar’s decision.
(6) Subject to rule 30, oral hearings on procedural matters must be heard in open court or in a place to which the public are admitted.
(7) If any procedural question arises which is not dealt with by these Rules, the Court or the Registrar may adopt any procedure that is consistent with the overriding objective, the Act and these Rules.
(1) An application for permission to appeal must be made first to the court below, and an application may be made to the Court only after the court below has refused to grant permission to appeal.
(2) Every application to the Court for permission to appeal must be made—
(a) by a portal party by completing the relevant pages in the portal;
(b) by a non-portal party in the appropriate form.
(1) Subject to any enactment which makes special provision with regard to any particular category of appeal, an application for permission to appeal must be filed within 28 days from the date of the order of the court below refusing permission to appeal.
(2) Where an application for permission to appeal is filed by a portal party in accordance with rule 7(2), that party must upload to the portal the documents listed in paragraph (4).
(3) Where an application for permission to appeal is filed by a non-portal party in accordance with rule 7(3), it must be accompanied by the documents listed in paragraph (4).
(4) The documents listed in this paragraph are—
(a) the order of the court below against which the appellant seeks permission to appeal;
(b) the judgment of the court below to which the order gives effect;
(c) the order of the court below refusing permission to appeal to the Court;
(d) the grounds of appeal for which the appellant seeks permission to appeal;
(e) a precis of the factual background of the case and a chronology of proceedings;
(f) the order of the first instance court (if different) which was challenged in the court below;
(g) the judgment of the first instance court (if different).
(5) The Registrar may refuse to issue any application on the ground that—
(a) the Court does not have jurisdiction under section 40 of the Act to issue it;
(b) it contains no reasonable grounds; or
(c) it is an abuse of process,
and may give whatever directions appear appropriate.
(6) Before refusing to issue an application—
(a) where the proposed ground for such a refusal is that the application contains no reasonable grounds or is an abuse of process, the Registrar must request submissions from the appellant, and may request submissions from any other proposed party;
(b) where the proposed ground is that the Court does not have jurisdiction, the Registrar may request submissions from a proposed party.
(7) The Registrar must notify the appellant of any request made for submissions to another proposed party and must provide the appellant with a copy of any submissions received.
(8) Subject to paragraph (5), the Court shall issue the application for permission and shall direct the appellant to serve the application.
(1) Once an application for permission to appeal has been issued by the Court and the Registrar has directed the appellant to serve the application, it must be served in accordance with this rule.
(2) All portal and non-portal parties must serve the application (but not the documents listed in rule 13(4)) by way of non-portal service (regardless of whether the person to be served is a portal party or a non-portal party) in accordance with rule 8(3) and (4).
(3) The persons to be served are—
(a) every respondent; and
(b) any person who was an intervener in the court below.
(4) After the application for permission has been served—
(a) a portal party must give a declaration of service via the portal giving the details required by the portal;
(b) a non-portal party must file a certificate of service in accordance with rule 8(5).
(1) Each respondent who wishes to object to the application for permission to appeal must, within 14 days after being served with the application, file notice of objection setting out any submissions the respondent wishes to make including any submissions as to the jurisdiction of the Court to grant permission.
(2) The notice of objection shall be issued by the Court either in the portal or by being approved by the Court as the case may be.
(3) Within 7 days of notice of objection being issued or approved under paragraph (2), each respondent who has filed such a notice must serve that notice on—
(a) the appellant;
(b) any other respondent; and
(c) any person who was an intervener in the court below.
(4) A respondent who does not file and serve a notice of objection under this rule will not be permitted to participate in the application and will not be given notice of its progress.
(1) Any person and in particular—
(a) any official body or non-governmental organization seeking to make submissions in the public interest; or
(b) any person with an interest in proceedings by way of judicial review,
may file submissions asking the Court to grant or dismiss an application for permission to appeal which has been issued by the Court (including for lack of jurisdiction) and request that the Court takes them into account.
(2) Once the submissions are filed, they must be served by the person on—
(a) the appellant;
(b) every respondent; and
(c) any person who was an intervener in the court below.
(3) Any submissions which are filed and served shall be referred to the panel of Justices which considers the application for permission to appeal.
(1) Every issued application for permission to appeal (together with any submissions made under rule 16 and any respondent’s notice of objection) shall be considered without a hearing by a panel of Justices.
(2) The panel of Justices may—
(a) refuse permission on the ground that the Court lacks jurisdiction to hear the appeal;
(b) grant or refuse permission to advance all or any of the grounds of appeal;
(c) invite the parties to file written submissions within 14 days as to the grant of permission on terms (whether as to costs or otherwise); or
(d) direct an oral hearing.
(3) Where the panel of Justices has invited the parties’ submissions as to terms, it shall reconsider the application without a hearing and may refuse permission or grant permission (either unconditionally or on terms) to advance all or any of the grounds of appeal.
(4) Where the panel of Justices grants permission to advance limited grounds of appeal it shall (unless it directs otherwise) be taken to have refused permission to advance the other grounds.
(5) An order of the Court shall be prepared and sealed by the Registrar to record any decision made under this rule.
(6) The order must be notified—
(a) by the Registrar—
(i) to portal parties via the portal;
(ii) to non-portal parties by appropriate means;
(iii) to any person who made submissions under rule 16 by appropriate means;
(b) by the appellant to any person who was an intervener in the court below, if that person did not make submissions under rule 16.
(7) Any person who is notified under paragraph (6)(a)(iii) or (b) or under rule 18(2) of an order granting permission and who wishes to intervene in the appeal must make an application under rule 24.
(1) Where the panel of Justices has directed an oral hearing, the appellant and every respondent who has given notice under rule 15 shall be informed of the date of the oral hearing.
(2) An order of the Court shall be prepared by the Registrar to record any decision made under this rule. The order must be notified in accordance with rule 17(6).
19 Notice of intention to proceed where permission granted by the Court
(1) Where the Court grants permission to appeal, rules 20 and 21 do 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 for which permission has been granted;
(c) the appellant must, within 14 days of the grant by the Court of permission to appeal, file notice under this rule of an intention to proceed with the appeal.
(2) An appellant who files a notice to proceed under paragraph (1)(c) must serve that notice on each respondent and on any person who was an intervener in the court below.
(3) An appellant who is a non-portal party must file a certificate of service in accordance with rule 8(5).
20 Filing and issue of notice where permission not required
(1) This rule and rule 21 apply to appeals where permission to appeal has been granted by the court below or where there is an appeal as of right to the Court.
(2) The notice of appeal must be filed by the appellant within 42 days of the later of—
(a) the order or decision of the court below against which the appellant appeals; or
(b) the order or decision of the court below granting permission to appeal, where such an order or decision has been made.
(3) At the same time as filing the notice of appeal—
(a) a portal party must upload the documents listed in paragraph (4);
(b) a non-portal party must send the Registrar by email (and not by sending hard copies) the documents listed in paragraph (4).
(4) The documents to be uploaded or sent by email to the Registry in accordance with paragraph (3) are—
(a) the order of the court below against which the appellant is appealing;
(b) the judgment of the court below to which the order gives effect;
(c) (where applicable) the order of the court below granting permission to appeal to the Court;
(d) the grounds of appeal;
(e) a precis of the factual background of the case and a chronology of proceedings;
(f) the order of the first instance court (if different) which was challenged in the court below;
(g) the judgment of the first instance court (if different).
(5) The Court shall issue the notice of appeal and direct the appellant to serve the notice.
(1) Once a notice of appeal has been issued by the Court and the Registry has directed the appellant to serve the notice, the notice of appeal must be served by the appellant in accordance with this rule.
(2) All portal and non-portal parties must serve the notice (but not the documents listed in rule 20(4)) by way of non-portal service, regardless of whether the person to be served is a portal party or a non-portal party, in accordance with rule 8(3) and (4).
(3) The persons to be served are—
(a) every respondent; and
(b) any person who was an intervener in the court below.
(4) After the notice of appeal has been served—
(a) a portal party must give a declaration of service via the portal giving the details required by the portal;
(b) a non-portal party must file a certificate of service in accordance with rule 8(5).
(1) Each respondent who intends to participate in the appeal must file notice of intention to participate.
(2) The notice of intention to participate in the appeal must be filed within 14 days after—
(a) service of the notice of intention to proceed under rule 19(2); or
(b) service of the notice of appeal under rule 21(2).
(3) 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 notice of acknowledgment (but need not cross-appeal).
(4) Each respondent must within 7 days of filing the notice under paragraph (1) serve that notice on the appellant and any other respondent.
(5) A respondent who does not file and serve notice under this rule will not be permitted to participate in the appeal and will not be given notice of its progress.
(1) Subject to paragraph (2) below, a respondent who wishes to argue that the order appealed from should be varied must obtain permission to cross-appeal from the Court and must pay the appropriate fee.
(2) Paragraph (1) does not apply where—
(a) leave is required from the Court of Session for an appeal from that court, or
(b) an appeal lies to the Court as of right.
(3) An application to the Court for permission to cross appeal must be filed by the respondent within 14 days of the respondent filing a notice of acknowledgment under rule 22(1).
(4) Part 3 of these Rules applies (with appropriate modifications) to an application to the Court for permission to cross-appeal and (if practicable) applications for permission to appeal and to cross-appeal shall be considered together by the same panel of Justices.
(5) Where there is a cross-appeal, this Part of these Rules applies with appropriate modifications and in particular—
(a) either the application for permission to cross-appeal to the Court shall stand as a notice of cross-appeal, or such a notice (in the appropriate form) must be filed and served within 42 days of the grant by the Court of permission to appeal or of the filing of the notice of appeal;
(b) there must be a single statement of facts and issues and a single key documents bundle (divided if necessary into parts) in respect of the appeal and the cross-appeal; and
(c) the appellant must remain primarily responsible for the preparation of all the documents for the appeal and for providing information to the Registrar under rule 26.
(1) After permission to appeal has been granted by the Court or a notice of appeal has been issued, any person and in particular—
(a) any official body or non-governmental organization seeking to make submissions in the public interest;
(b) any person with an interest in proceedings by way of judicial review;
(c) any person who was an intervener in the court below or who made submissions under rule 16,
may apply to the Court for permission to intervene in the appeal.
(2) An application under this rule must be filed via the portal.
(3) An application to intervene shall be considered without a hearing by a panel of Justices who may refuse permission to intervene or may permit intervention—
(a) by written case only; or
(b) by written case and oral submissions,
and any written case may be limited to a specified number of pages and oral submissions may be limited to a specified duration.
(4) No permission is required—
(a) for an intervention by the Crown under section 5 of the Human Rights Act 1998 (as to which see rule 43), or
(b) for an intervention by a person who has a right to intervene conferred by the legislation referred to in rule 44 (devolution jurisdiction and compatibility issues and questions).
(5) Every person who is granted permission to intervene under paragraph (3) or who wishes to intervene under paragraph (4) must seek directions from the Registrar as soon as reasonably practicable to enable that person to participate in the appeal.
25 Intervention on assimilated case law by law officers
(1) This rule applies where the Court is considering proceedings in which a party is arguing that the Court should depart from assimilated case law.
(2) In proceedings to which this rule applies, the Registry must—
(a) give notice of the proceedings to each of the law officers listed in section 6C(2) of the European Union (Withdrawal) Act 2018;
(b) serve that notice on all other parties; and
(c) ensure that the hearing of the proceedings does not take place until at least 21 days have elapsed following the service of the notice.
(3) The notice in paragraph (2) must—
(a) state that the Court is considering an argument made by a party to the proceedings that the Court should depart from assimilated case law;
(b) summarise the proceedings and the issue to which the assimilated case law relates;
(c) identify the assimilated case law from which the Court is being invited to depart.
(4) The following persons shall be joined as a party to the proceedings on giving notice to the Court that they wish to be joined—
(a) each of the UK law officers;
(b) the Lord Advocate if the argument relates to the meaning or effect of relevant Scotland legislation;
(c) the Counsel General for Wales if the argument relates to the meaning or effect of relevant Wales legislation;
(d) the Attorney General for Northern Ireland if the argument relates to the meaning or effect of relevant Northern Ireland legislation.
(5) Notice under paragraph (4) may be given at any time during the proceedings.
(6) Where the Court receives notice under paragraph (4), the Registrar shall serve that notice on the parties and give directions as to the intervention.
(7) Expressions used in this rule have the same meaning as in section 6C of the European Union (Withdrawal) Act 2018, and references to “assimilated case law” include references to “retained case law” so far as necessary.
(1) Within 28 days of either the filing of the notice of intention to proceed under rule 19(1)(c) or the issue of the notice of appeal under rule 20(5), the Registry will contact the parties seeking the information listed in paragraph (2) and such further information as the Registrar considers appropriate.
(2) The information listed in this paragraph is—
(a) an estimate of the number of hours that the parties’ respective counsel consider will be necessary for their oral submissions;
(b) whether anyone attending the hearing for the parties requires reasonable adjustments to be made.
(3) Following receipt of the information in paragraph (2), the Registrar shall inform the parties of the period within which the hearing will take place and the number of Justices who will be sitting on the panel to hear the case. The parties must then provide the Registrar with an agreed list of dates which are convenient for the parties.
(1) Within 112 days after the filing of the notice of intention to proceed under rule 19(1)(c) or the issue of the notice of appeal under rule 20(5), the appellant must file a statement of the relevant facts and issues, the contents of which have been agreed with every respondent.
(2) The statement of facts and issues must be served by the appellant on every intervener after being filed.
(3) The appellant and every respondent (and any intervener and advocate to the Court) must then file their respective written cases and serve them on the other parties, in accordance with the practice direction.
(4) 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.
(5) An intervener may not include in its written case any submissions on an issue which is not an issue raised in the notice of appeal or cross-appeal for which permission has been granted, or in the respondent’s notice of acknowledgement.
(1) As soon as the parties’ cases have been exchanged the appellant must prepare, in accordance with the practice direction, a key documents bundle, including an index for use at the hearing, taking into account any grouping of appeals pursuant to rule 35.
(2) The key documents bundle must contain at least the following documents—
(a) the agreed statement of facts and issues;
(b) the parties’ written cases;
(c) the orders of the court below and the first instance court; and
(d) the judgments of the court below and the first instance court.
(3) Not later than 28 days before the date of the hearing—
(a) the appellant must send enough hard copies of the key documents bundle to the Registry to provide one to each Justice sitting and an additional copy for the Registry;
(b) an appellant who is a portal party must upload to the portal a single electronic file containing the key documents bundle; and
(c) an appellant who is a non-portal party must file and serve a single electronic file containing the key documents bundle on every other party to the appeal.
(1) The appellant must prepare, in accordance with the relevant practice direction, a single electronic file (known as the “main hearing bundle”) containing—
(a) the documents included in the key documents bundle;
(b) all other documents which any party participating in the appeal wishes to place before the panel of Justices hearing the appeal;
(c) the authorities that may be referred to during the hearing including an index of those authorities;
(d) an index.
(2) Not later than 28 days before the date of the hearing—
(a) an appellant who is a portal party must upload the main hearing bundle to the portal;
(b) an appellant who is a non-portal party must file and serve the main hearing bundle on every other party to the appeal.
(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 all or 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.
(1) In relation to an appeal or a reference, the 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 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 must be prepared and sealed by the Registrar and must state the date on which it is made and comes into effect. The Registrar may invite written submissions as to the form of the order.
(1) Every procedural application must be filed via the portal by a portal party or in the appropriate form for general procedural applications by a non-portal party unless a particular form is provided for a specific application.
(2) An application must—
(a) set out the reasons for making the application, and
(b) where necessary, be supported by written evidence.
(3) Once an application has been filed, it must be served on every other party.
(4) A party who wishes to oppose an application must, within 7 days after service, file a notice of objection and must serve a copy of that notice on the applicant and any other parties.
(5) An application for permission to appeal, a notice of appeal or any other document filed under these Rules may be amended on application under this rule or with the permission of the Registrar on such terms as appear appropriate, and the Registrar may invite the parties’ written submissions on any application to amend.
(1) Any request for urgent consideration of an application for permission to appeal or for an expedited hearing must be made to the Registrar.
(2) Wherever possible the views of all parties should be obtained before such a request is made.
The Registrar may direct that appeals raising the same or similar issues will be heard either together or consecutively by the Court constituted by the same Justices and may give any consequential directions that appear appropriate.
(1) The Court must be informed promptly of—
(a) the death or bankruptcy of any individual party;
(b) the winding up or dissolution of any corporate party;
(c) any compromise of the subject matter of an appeal;
(d) any event which does or may deprive an appeal of practical significance to the parties,
and the Court may give any consequential directions that appear appropriate.
(2) Where, following a notification from a party under paragraph (1), the Court considers that there is no longer any ground of appeal that should be determined, the Court may invite submissions from the parties as to—
(a) whether an oral hearing should be held;
(b) whether a judgment should be delivered or promulgated and, if so, which issues should be determined by a judgment.
(3) The Court will consider any submissions received from the parties and may—
(a) dispense with an oral hearing;
(b) make a final order without delivering or promulgating a judgment.
37 Withdrawal etc of application for permission to appeal or of appeal
(1) An application for permission to appeal or a notice of appeal may be withdrawn with the written consent of all parties or with the permission of the Court on such terms as appear appropriate.
(2) The Court may set aside or vary the order appealed from by consent and without an oral hearing if satisfied that it is appropriate so to do.
(3) In this rule an “application for permission to appeal” includes an application to cross-appeal under rule 23 and a “notice of appeal” includes a notice of cross-appeal.
(1) The Court may request a law officer to appoint, or may itself appoint, an advocate to the Court to assist the Court with legal submissions.
(2) In accordance with section 44 of the Act the Court may, at the request of the parties or of its own initiative, appoint one or more independent specially qualified advisers to assist the Court as assessors on any technical matter.
(3) The fees and expenses of any advocate to the Court or assessor will be costs in the appeal.
(1) The Court may on the application of a respondent order an appellant to give security for the costs of the appeal and any order for security must determine—
(a) the amount of that security, and
(b) the manner in which, and the time within which, security must be given.
(2) An order made under this rule may require payment of the judgment debt (and costs) in the court below instead of, or in addition to, the amount ordered by way of security for costs.