CA Proceedings II

Expedited Appeal

The following are expedited types of appeal:

• Appeals against an order for habeas corpus, i.e., application to release a person in custody;
• Appeal against the making or refusal of any interlocutory order;
• Appeal against the making or refusal of an order granting summary judgment;
• Appeal against the making or refusal of a winding-up order, appointment of a provisional liquidator, appointment of a receiver, order in the course of examinership proceedings;
• An appeal against bankruptcy or certain orders in insolvency proceedings;
• An appeal in relation to child custody, abduction, and enforcement matters;
• An appeal regarding a person’s incapacity;
• An appeal against the making or refusing of a European arrest warrant;
• An appeal against the making or refusal of an order of prohibition in criminal circumstances;
• An appeal against an order granted ex parte;
• Any other appeal designated in statutory practice direction.

There is a special procedure for notice of an expedited appeal. The notice shall set out particulars of the decision sought to be appealed, categories of expedited appeal applicable, grounds of the appeal, orders sought, list of documents to be relied on, and particulars of the parties.

A notice of expedited appeal shall be lodged with an attested copy of the court within ten days of the perfection of the order. Where a written judgment was given, the appellant shall lodge with the Registrar an attested copy of the written judgment approved by the court when the notice of expedited appeal is lodged or otherwise promptly when it becomes available.

Judgement Below

Where a written judgment was not given, the appellant shall, at his own expense, lodge with the Registrar a transcript of the oral judgment of the court below, certified as accurate by the person responsible for preparing the transcript and authenticated by the Judge below, and where, and to the extent necessary for the proper determination of the appeal, a transcript of any relevant ruling or direction of the Judge in the court below, certified as accurate by the transcript writer and authenticated by the Judge and court below.

Procedure

A return date for a directions hearing shall be assigned to every notice of expedited appeal.

A copy of the notice of expedited appeal must generally be served within four days on all parties directly affected. Every respondent served with a notice of expedited appeal shall, within seven days of service of the notice of expedited appeal, lodge in the Office and serve on the appellant and every other respondent a respondent’s notice in the prescribed form. It shall state if the respondent opposes the appeal, in whole or in part, and set out concisely the grounds on which the appeal is opposed.

If the respondent intends, on the hearing of the appeal, to contend that the judgment or order appealed should be affirmed on grounds other than those set out in the judgment or order, it shall set out a concise statement of the additional grounds on which it is alleged the judgment or order appealed from should be affirmed.

If the respondent intends, on the hearing, to contend that the judgment or order appealed should be varied, it shall include a separate section called “notice of cross-appeal”, which sets out a concise statement of the grounds on which it is alleged that the judgment or order appealed from should be varied. It shall set out the order sought from the Court of Appeal. It shall include a list of additional documents not identified in the notice of appeal on which that respondent intends to rely on the hearing of the appeal.

Ordinary Appeals

An appeal to the Court of Appeal shall be brought by lodging in the Office of an issue of a notice of appeal in the prescribed form. It shall set out particulars of the decision that is sought to be appealed, grounds of the appeal, orders sought from the court, list of the documents intended to be relied on, and particulars of the appellant and of the respondent.

Subject to any legislation otherwise providing, a notice of appeal shall be lodged for issue and an attested copy of the order shall be lodged within 28 days from perfecting the order appealed against.

Where a written judgment was given, the appellant shall lodge with the Registrar an attested copy of the written judgment approved by the court below when the notice of appeal is lodged or otherwise promptly after it becomes available.

A notice of appeal shall include a list of all of the documents on which the appellant intends to rely at the hearing of the appeal. A return date for a directions hearing shall be assigned to every notice of appeal issued.

A copy of the notice of appeal shall be served within seven days after issue on all parties directly affected. It is not necessary to serve parties who are not directly affected, but the Court of Appeal may direct them to be served. An affidavit of service is to be lodged.

Respondent’s Notice

Each respondent served with a notice of appeal shall, within 21 days of service of the notice of appeal, lodge in the Office and serve on the appellant and every respondent a “respondent’s notice” in a prescribed form. It shall state if the respondent opposes the appeal, in whole or in part, and if so, set out concisely the grounds on which the appeal is opposed. If he intends, on hearing of the appeal, to contend that the judgment should be affirmed on other grounds, he should set out a concise statement of the additional grounds on which he alleges the judgment or order should be affirmed;

• If he intends to contend that the judgment or order should be varied, he shall include a separate section entitled “notice of cross-appeal”, setting out a concise statement of the grounds on which it is alleged the judgment or order should be varied;
• Set out the orders sought from the Court of Appeal;
• Include a list of any additional documents not identified in the Court of Appeal on which he intends to rely at the hearing.