Law

The Supreme Court Rules 2024

United Kingdom · regulation

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In force since 2024-12-02, as the publisher states.

Copy read on 2026-11-10. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 63 provisions

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63 provisions

40 Stay of execution

Any appellant who wishes to obtain a stay of execution of the order appealed from must seek it from the court below and only in wholly exceptional circumstances will the Court grant a stay.

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41 Change of solicitor

(1) If a party for whom a solicitor is acting wishes to change solicitors, that party or the new solicitor must notify the Registrar and the former solicitor of the change. (2) Until such notices are given the former solicitor shall continue to be treated as the party’s solicitor.

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42 Publication and disposal of documents

(1) All documents filed become the property of the Court and may be inspected by the media or members of the public on application to the Registrar but the Registrar may refuse an application for reasons of commercial confidentiality or national security or in the public interest. (2) In each appeal or reference to the Court, the published documents will be made available to the public via the Court’s website. (3) A party who objects to the publication on the website of all or part of any published document must apply to the Registrar as soon as possible and, in any event, not later than 42 days before the hearing for a direction that the document should not be published or that it should be published subject to redactions proposed in a copy of the relevant document attached to the application. (4) The Registrar will decide whether the proposed withholding or redactions are necessary for reasons of commercial confidentiality, national security or otherwise in the public interest. (5) Subject to the determination of any application made under paragraph (3) the published documents will be placed on the Court’s website not later than 7 days before the hearing. (6) In this rule, “the published documents” are— (a) in relation to an appeal, the statement of facts and issues and the parties’ written cases exchanged under rule 27(3); (b) in relation to a reference under rules 44, 46 and 48, the documents corresponding to those in paragraph (a). (7) Any hard copy documents provided to the Court may be destroyed following the disposal of the appeal unless the Registrar (on a written application made within 21 days of the end of the proceedings) directs otherwise.

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43 Human Rights Act issues

(1) Where an appeal raises a question of incompatibility under section 4 of the Human Rights Act 1998 and the Crown is not already a party to the appeal, the Registrar must give 21 days’ notice of the question to the Crown. (2) If notice is given that the Crown wishes to be joined, the appropriate Minister or other person shall be joined accordingly.

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44 Devolution jurisdiction and compatibility issues and questions

(1) Appeals or references under the Court’s devolution jurisdiction and its jurisdiction to determine compatibility issues and questions shall in general be dealt with in accordance with these Rules but the Court shall give special directions as and when necessary (including as to any intimations required by any enactment), and in particular as to— (a) any question referred under sections 32A or 33 of the Scotland Act 1998, section 11 of the Northern Ireland Act 1998 or sections 111B or 112 of the Government of Wales Act 2006; (b) any reference of— (i) a devolution issue, within the meaning of the Scotland Act 1998, the Northern Ireland Act 1998 and the Government of Wales Act 2006; (ii) a compatibility issue within the meaning of section 288ZA(2) of the Criminal Procedure (Scotland) Act 1995 (as to compatibility with the Human Rights Act 1998); (iii) a UNCRC compatibility issue within the meaning of section 288AB(1) of the Criminal Procedure (Scotland) Act 1995 (as to compatibility with the UNCRC Incorporation Act); (iv) a compatibility question within the meaning of section 31 of the UNCRC Incorporation Act; (c) any direct references under paragraph 33 or 34 of Schedule 6 to the Scotland Act 1998, paragraph 33 or 34 of Schedule 10 to the Northern Ireland Act 1998 or paragraph 29 or 30 of Schedule 9 to the Government of Wales Act 2006. (2) A reference made by the law officer in accordance with the provisions referred to in paragraph (1) is made by sending the reference and by serving— (a) any other law officer who is not already a party and who has a potential interest in the proceedings; and (b) any other party who is required to be served according to the enactment under which the reference is made. (3) A reference must state the question or issue to be decided by the Court. (4) The Registrar must give notice of the question or issue— (a) to any appropriate law officer; (b) where the proceedings relate to a compatibility question within the meaning of section 31 of the UNCRC Incorporation Act, to the Commissioner for Children and Young People in Scotland and the Scottish Commission for Human Rights, where that person is not already a party to any proceedings. (5) In this rule, the “UNCRC Incorporation Act” means the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024.

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45 Court of Justice of the European Union

(1) Where it is contended on an application for permission to appeal that it raises a question of European Union law which should be the subject of a reference to the Court of Justice of the European Union under— (a) articles 158 or 160 of the Agreement on the Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community; or (b) article 12 of the Protocol on Ireland/Northern Ireland, and permission to appeal is refused, the panel of Justices shall give brief reasons for its decision. (2) Where on an application for permission to appeal, a panel of Justices decides to make a reference to the Court of Justice of the European Union before determining the application, it shall give consequential directions as to the form of the reference and the staying of the application (but it may if it thinks fit dispose of other parts of the application at once). (3) Where at or before the hearing of an appeal the Court decides to make a reference to the Court of Justice of the European Union it shall give consequential directions as to the form of the reference and the staying of the appeal (but it may if it thinks fit dispose of other parts of the appeal at once). (4) An order of the Court must be prepared and sealed by the Registrar to record any decision made under this rule.

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46 References on assimilated case law by courts and tribunals

(1) A reference under section 6A of the European Union (Withdrawal) Act 2018 is made when a court or tribunal (other than a higher court) sends the reference to the Court. (2) A reference sent under paragraph (1) must— (a) state the question to be determined on one or more points of law which arise on the assimilated case law of the Court; (b) set out the referring court’s or tribunal’s reasons for considering the points of law to be of general public importance; and (c) describe the relevance of the points of law to the proceedings before the referring court or tribunal. (3) Once the reference is sent to the Court, a court or tribunal making a reference under paragraph (1) must send the reference to— (a) all parties to the proceedings before the referring court or tribunal; and (b) each of the persons listed in section 6C(2) of the European Union (Withdrawal) Act 2018. (4) Any person referred to in paragraph (3) may make written submissions to the Court as to whether the Court should accept the reference. (5) Any submissions made under paragraph (4) must be— (a) filed with the Court within 21 days of receipt of the reference under paragraph (3); and (b) served on every person referred to in paragraph (3). (6) Every reference made under paragraph (1), together with any submissions made under paragraph (4) or under rule 47, shall be considered without a hearing by a panel of Justices. (7) The panel of Justices may— (a) where the reference is of a single point of law, accept or refuse the reference; (b) where two or more points of law are referred, accept or refuse the whole reference or accept the reference in respect of one or more points of law and refuse the remainder; (c) invite the referring court or tribunal or any of the persons referred to in paragraph (3) to make further written submissions (including as to costs); or (d) direct an oral hearing. (8) The Registrar must prepare and seal an order of the Court to record any decision accepting or refusing a reference made under this rule. (9) Expressions used in this rule have the same meaning as in the European Union (Withdrawal) Act 2018 and references to “assimilated case law” include references to “retained case law” so far as necessary.

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47 Interventions concerning the acceptance or rejection of a reference under Rule 46

(1) Any person, and in particular any official body or non-governmental organisation seeking to make submissions in the public interest, may make written submissions to the Court as to whether the Court should accept a reference under section 6A of the European Union (Withdrawal) Act 2018 and request that the Court takes them into account. (2) Any submissions made under paragraph (1) must be filed with the Court and served on the referring court or tribunal and each of the persons referred to in rule 46(3). (3) Any submissions made under this rule shall be referred to the panel of Justices which considers the reference. (4) If the Court accepts the reference, the Registrar must notify— (a) each of the persons who made submissions under this rule; and (b) any person intervening in the proceedings before the referring court or tribunal.

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48 References on assimilated case law by law officers

(1) A reference under section 6B of the European Union (Withdrawal) Act 2018 is made when a law officer files the reference with the Court. (2) A reference filed under paragraph (1) must— (a) state the question to be determined on the point of law which arose on assimilated case law in proceedings before a court or tribunal (other than a higher court) which have concluded; (b) confirm that— (i) the conditions in section 6B(1) of the European Union (Withdrawal) Act 2018 are met; and (ii) the reference is made within the period specified in section 6B(3) of that Act; (c) describe the relevance of the point of law to the concluded proceedings; and (d) if the reference is made by the Lord Advocate, the Counsel General for Wales or the Attorney General for Northern Ireland, confirm that the point of law relates to the meaning or effect of relevant Scotland legislation, relevant Wales legislation or relevant Northern Ireland legislation, as the case may be. (3) Once the law officer has filed the reference with the Court, he or she must serve the reference on each of the other law officers. (4) In this rule— (a) “law officer” means a person listed in section 6B(2) of the European Union (Withdrawal) Act 2018; and (b) expressions otherwise have the same meaning as in the European Union (Withdrawal) Act 2018 and references to “assimilated case law” include references to “retained case law” so far as necessary.

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49 Hearing of references made under Rules 46 and 48

A reference accepted by the Court under rule 46(7) or made to the Court under rule 48 shall in general be dealt with in accordance with these Rules but the Registrar or the Court shall give special directions as and when necessary, and in particular as to— (a) arrangements for any person, and in particular any official body or non-governmental organisation seeking to make submissions in the public interest, to make such submissions, whether or not that person made submissions under rule 47; (b) who will be parties to the reference; (c) the preparation, filing and service of documents including (where appropriate) a precis of the factual background of the case, a chronology of proceedings and written cases; (d) the preparation, filing and service of bundles for the hearing; (e) the conduct of the hearing.

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50 Revocation of patents

(1) On any appeal under sections 12 and 13 of the Administration of Justice Act 1969 from an order for revocation of a patent, the appellant must serve notice of the appeal on the Comptroller-General, Intellectual Property Office (“the Comptroller”) as well as on every respondent. (2) A respondent who decides not to oppose the appeal must serve notice of that decision on the Comptroller together with the relevant statements of case. (3) The Comptroller must within 14 days serve on the appellant and file a notice stating whether or not the Comptroller intends to appear on the appeal. (4) Where notice is given under paragraph (3), the Comptroller may appear on the appeal.

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51 Criminal appeals

The Court must apply in accordance with the relevant practice direction the code of practice for victims issued under section 32 of the Domestic Violence, Crime and Victims Act 2004.

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52 Fees

Where a fee is prescribed by any order made under section 52 of the Act, the Registrar may refuse to treat a document as filed or refuse to allow a party to take any step unless the relevant fee is paid.

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53 Order for costs

(1) The Court may make such orders as it considers just in respect of the costs of any appeal, application for permission to appeal, or other application to or proceeding before the Court. (2) The Court’s powers to make orders for costs may be exercised either at the final determination of an appeal or application for permission to appeal or in the course of the proceedings. (3) Orders for costs will not normally be made either in favour of or against interveners but such orders may be made if the Court considers it just to do so (in particular if an intervener has in substance acted as the sole or principal appellant or respondent).

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54 Submissions as to costs

(1) A party who wishes to make submissions as to costs should notify the Court of this either before or after judgment. (2) Following such a notification, the Court shall give such directions as appear appropriate and it may, in particular, give directions— (a) for the simultaneous or sequential filing of written submissions as to costs within a specified period after judgment; (b) for the hearing of oral submissions as to costs after judgment; (c) for the hearing of oral submissions after the filing of written submissions.

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55 Claim for costs

(1) Where the Court has made an order for costs, the claim for costs must be submitted to the Registrar within three months beginning with the date on which the costs order was made. (2) The claim for costs must comply with the relevant practice direction and the receiving party must supply such further particulars, information and documents as the Registrar may direct. (3) The receiving party must serve the claim for costs on the paying party. (4) Within 21 days beginning with the day on which a claim for costs is served, the paying party may (or, in the circumstances specified in the relevant practice direction, must) file points of dispute and, if so, must serve them on the receiving party. (5) Within 14 days beginning with the day on which points of dispute are served, the receiving party may file a response and, if so, must serve it on the paying party.

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56 Assessment of costs

(1) Every detailed assessment of costs shall be carried out by one or more costs assessors. (2) The receiving party and the paying party will, where appropriate, be notified by the costs assessor of the date of the assessment. (3) Where one of the parties so requests or in the circumstances specified in the relevant practice direction, the costs assessor may make a provisional assessment of costs without the attendance of the parties. (4) The costs assessor must notify the parties of the outcome of a provisional assessment and, if a party is dissatisfied with the outcome and points of disagreement cannot be resolved in correspondence, the costs officer must appoint a date for an oral hearing. (5) Any request for an oral hearing following a provisional assessment of costs must be made within 14 days of the receipt of the decision on the assessment. (6) In this rule a “costs assessor” means a costs officer, a Costs Judge (a Taxing Master of the Senior Courts) who has been appointed as a costs officer and the Registrar.

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57 Basis of assessment

(1) Where the Court assesses the amount of costs, it shall assess those costs— (a) on the standard basis, or (b) on the indemnity basis, in the manner specified by rule 58 or (where appropriate) on the relevant bases that apply in Scotland or Northern Ireland. (2) Where the Court makes an order about costs without indicating the basis on which the costs are to be assessed, the costs shall be assessed on the standard basis. (3) This rule applies subject to any order or direction to the contrary.

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58 The standard basis and the indemnity basis

(1) Costs assessed on the standard basis are allowed only if they are proportionate to the matters in issue and are reasonably incurred and reasonable in amount. (2) Any doubt as to whether costs assessed on the standard basis are reasonably incurred and are reasonable and proportionate in amount shall be resolved in favour of the paying party. (3) Costs assessed on the indemnity basis are allowed only if they are reasonably incurred and reasonable in amount. (4) Any doubt as to whether costs assessed on the indemnity basis are reasonably incurred and are reasonable in amount shall be resolved in favour of the receiving party.

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59 Amount of assessed costs to be specified

The amount of any assessed costs must be inserted in the order made under rule 32 but, if that order is drawn up before the assessment has been completed, the amount assessed will be certified by the Registrar.

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60 Appeal from assessment

(1) A party who is dissatisfied with the assessment of costs made at an oral hearing may apply for that decision to be reviewed by a single Justice and any application under this rule must be made in the appropriate form and be filed within 14 days of the decision. (2) The single Justice may (without an oral hearing) affirm the decision made on the assessment or may, where it appears appropriate, refer the matter to a panel of Justices to be decided with or without an oral hearing. (3) An application may be made under this rule only on a question of principle and not in respect of the amount allowed on any item in the claim for costs.

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61 Payment out of security for costs

Any security for costs lodged by an appellant shall be dealt with by the Registrar in accordance with the directions of the Court.

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62 Transitional and revocation provision

(1) Unless the Court or the Registrar directs otherwise, the Supreme Court Rules 2009 (the “2009 Rules”) shall continue to apply to— (a) appeals which were proceeding before the Court before these Rules came into effect; (b) applications for permission to appeal and notices of appeal filed under rules 11 and 19 of the 2009 Rules before these Rules came into effect. (2) Subject to paragraph (1), the 2009 Rules are revoked.

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