SC Commencement

Application for leave to appeal

All applications for leave to appeal to the Supreme Court shall be brought by the lodgment for issue of a notice in the form for the time being prescribed or directed.

Subject to any provision to the contrary in any enactment which applies to the particular category of appeal,  the notice of application for leave and an attested copy of the order of the court below shall be lodged not later than 21 days from the perfecting of the order in respect of which leave to appeal is sought.  The date of perfecting shall be indorsed on the order by the proper officer of the court in which the order was made.

Where a written judgment has been given in the court below, the applicant shall lodge with the Registrar an attested copy of the written judgment approved by the court below when notice of application for leave is lodged or otherwise promptly after it becomes available.

Where a written judgment has not been given in the court below, in any application for leave to appeal in civil proceedings, the applicant 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 court below, and
• where, and then to the extent, necessary for the proper determination of the application for leave to appeal, a transcript of any ruling or direction of the Judge in the court below.

In any application for leave in civil proceedings, the applicant shall, at his own expense, lodge with the Registrar a transcript of any oral evidence or such extracts of the transcript as are provided for by statutory practice direction received in the court below certified as accurate by the person responsible for preparing the transcript and authenticated by the court below.

Service of application

A copy of the notice of application for leave shall, save in the case of a notice of application for leave to appeal from a decision made otherwise than inter partes, be served on the same day on which the notice of application for leave has been lodged, on all parties directly affected by the application for leave or appeal.

It is not necessary to serve parties to the proceedings in the court below who are not directly affected by the application for leave or appeal, but the Supreme Court may direct notice of the appeal to be served on all or any of the parties to the proceedings in the court below, or on any other person.

Where the Supreme Court has directed further service of notice of an appeal it may:

• adjourn the determination of the application for leave or appeal on such terms as it considers just, and
• give such judgment and make such order as might have been given or made if the persons served with such notice had been originally parties to the proceedings in the court below or to the appeal.

The applicant shall produce to the Supreme Court or to the Registrar on request, proof of service of the application for leave on each respondent served.

Lodgment and service of notice by respondent

Each respondent served with a notice of application for leave shall, within six weeks from the perfecting of the order appealed against, lodge in the Office and serve on the applicant and every other respondent a notice in the form for the time being prescribed or directed for completion by a respondent.

The respondents notice may be lodged after the time permitted with the written consent of the applicant, where permitted by a statutory practice direction or by direction of the Supreme Court.

A respondent who seeks to vary (i.e. put forward additional grounds on which the decision appealed should be affirmed) or who seeks to cross-appeal may do so in his or her respondent’s notice.

When considering an application to vary the judgment appealed or a cross-appeal the Court may direct that a separate application for leave to appeal be completed or alternatively give such directions as are appropriate including that the applicant lodge a response in writing by letter addressed to the Registrar.

Unless the Supreme Court otherwise directs, a respondent who does not lodge notice under this rule will not receive any further communication from the Office concerning the proceedings.

Lodgment of application for leave booklet

The applicant shall, within seven weeks from the perfecting of the order in respect of which leave to appeal is sought (or such extended time as may have been granted in accordance with rule 4), lodge in the Office four copies of a booklet containing the following:

• the notice of application for leave;
• the respondent’s notice if lodged and served;
• the order in respect of which leave to appeal is sought;
• the approved judgment on foot of which that order was made;
• any final order or orders of all other courts at lower instance in the proceedings;
• any approved judgment or judgments of all other courts at lower instance in the proceedings;
• a certificate of service, in the form prescribed by statutory practice direction, of the application for leave on all respondents served;

Where the order from which leave to appeal is sought was made in criminal proceedings, the booklet shall additionally contain each of the following materials where the item is relevant to any issue raised in the application for leave to appeal:

• a copy of the indictment;
• the transcript of the opening speech of counsel for the prosecution;
• where an appeal concerns a particular issue raised in the trial, the transcript of the evidence, submissions and ruling relevant to that issue;
• a copy of any relevant exhibit;
• the transcript of the closing speeches of counsel for the prosecution and defence; and
• the transcript of the judge’s charge to the jury insofar as it relates to the issue or, where the duration of the trial was three days or less, the entire transcript.

The applicant shall serve a copy of the application for leave booklet filed on the respondent within seven weeks from the perfecting of the order in respect of which leave to appeal is sought (or such extended time as may have been granted)

Determination of application

Where the Supreme Court requires the delivery of written submissions by the parties participating in an application for leave (or any other application for leave arising from the same proceedings), the Registrar shall notify the parties of that requirement and the times at which such submissions shall be lodged and served by each participating party.

A determination granting leave to appeal:

• shall specify the grounds on which leave is given, and
• may be accompanied by directions on delivery of the appeal books in accordance with rule 26 and any applicable statutory practice direction.

When the Supreme Court has determined an application for leave, the Registrar shall notify the parties, and any other person he considers it necessary to notify, of the determination.

Notice of intention to proceed with appeal

Where leave to appeal is granted, on all or any of the grounds raised:

• the grounds of appeal are limited to those on which leave has been granted;
• the form of notice of appeal appended to the notice of application for leave, excluding any grounds of appeal on which leave to appeal was refused, stands as the notice of appeal;

The applicant shall, within seven days of the grant by the Supreme Court of leave to appeal:

• lodge in the Office and serve on all respondents notice under this rule in the form for the time being prescribed or directed of intention to proceed with the appeal, or
• lodge in the Office and serve on all respondents written notice of intention to withdraw or abandon the appeal.

Determination of appeals by settlement, abandonment, etc

When an appeal has been settled or compromised, every party who has joined in the settlement or compromise shall notify the Registrar in writing.

Where a party notifies the Registrar in writing that no issue as to the costs of the appeal remains outstanding and no requirement arises for an order to be made by the Supreme Court, and produces to the Registrar a letter from each other party concerned confirming this, the appeal shall be deemed to be determined without further order.

Where notice of intention to withdraw or abandon an appeal is lodged, an appeal is deemed to have been abandoned, or a party notifies each other party concerned and the Registrar in writing of his intention to concede the appeal:

• the proceedings may, on the application of a party or at the direction of the Registrar, be listed before the Supreme Court on notice to the other parties or to the parties, to enable the making of any necessary consequential order, and
• the Registrar may notify the proper officer of the court below and any other person he considers necessary of the determination of the appeal.