Leave to Appeal
Subject to any provision of statute, an application may be made to a lower court i.e. High Court or Court of Appeal. It shall be made in the first instance to the court below. No interlocutory order or ruling made by a court below from which there has been no appeal operates to bar or prejudice the Supreme Court from giving a decision on the application for leave to appeal or appeal as the Court thinks fit.
An application for leave to appeal or an appeal to the Supreme Court does not operate as a stay of execution of the proceedings under the decision appealed, except insofar as the Court of Appeal or the High Court as the case may be, order.
The Supreme Court may under special circumstances direct that a deposit or other security in the amount fixed by the Supreme Court shall be made or given for costs to be occasioned by an application for leave to appeal or an appeal.
Notice of Appeal
The Registrar may refuse to issue any notice of appeal or other document which does not comply with the requirements of the Rules or any statutory practice direction which applies to the application or appeal.
A party aggrieved by a refusal to issue a notice of appeal or other document may apply within 14 days of the refusal by motion to the Court to authorise the issue of the notice of appeal.
Applications for leave to appeal to the Supreme Court are brought by the lodgment for issue of a notice in a prescribed form (the notice of appeal). It shall specify the grounds on which leave to appeal is sought and shall specify the grounds of appeal which will be relied on in the event that the leave to appeal is granted.
To be Lodged
Subject to any statutory provisions to the contrary, a notice of appeal and an attested copy of the order of the court below is to be lodged within 28 days from perfecting of the order appealed against. Where a written judgment was given in the court below, the appellant shall lodge with a Registrar an attested copy of it approved by the court with the notice of appeal.
Where a written judgment has not been given in the court below, in an appeal in civil proceedings, the appellant party, at his own expense shall 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 to the extent, necessary for the proper determination of the appeal, a transcript of any ruling or direction of the Judge in the court below.
In an appeal in civil proceedings, the appellant shall, at his own expense, lodge with the Registrar a transcript of any oral evidence received in the court below as accurate by the person responsible for preparing the transcript and authenticated by the court below.
Service of Appeal
A copy of the notice of appeal shall, in the case of a notice of application for leave to appeal from a decision, made otherwise than as between parties, be served within seven days after the notice of appeal has been lodged, on all parties directly affected by the application for leave to appeal or the 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 to appeal or appeal. The Supreme Court may direct notice of the appeal to be served on all of the parties in the proceedings in the court below, or on any other person.
Where the Supreme Court has directed further service of notice of an appeal above, it may adjourn the determination of the application for leave to appeal 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 originally been parties to the proceedings in the court below or to the appeal. The appellant shall produce to the Supreme Court or the Registrar, proof of service of the notice of appeal on each respondent.
Response of Respondent
A respondent served with a notice of appeal shall, 14 days after service, lodge in the Office and serve on the appellant and every other respondent a prescribed form of respondent’s note containing, matters provided for in particular
- a statement of whether or not that respondent opposes the application for leave to appeal;
- if the respondent opposes the application for leave to appeal, a concise statement of the grounds on which leave is opposed; a concise statement of the grounds on which appeal will be opposed if leave to appeal is given,
- where the respondent intends, on the hearing of an appeal, to contend that the judgment appealed should be affirmed on grounds other than those set out in the judgment or order below, a concise statement of the additional grounds on which the alleged judgment or order appealed from should be affirmed.
The respondent’s notice may be lodged after the time permitted with the written consent of the appellant. A respondent who seeks to vary the decision of the court below (by way of cross-appeal) must do so by a notice of appeal in the prescribed form. The above provisions apply to such cross-appeal.
Unless the Supreme Court otherwise directs, a respondent who does not file notice will not receive any further communication from the Office concerning an appeal.
All applications, appeals and other matters before the Supreme Court shall be prepared for hearing and determination in a manner which is just, expeditious, and likely to minimise the cost of the proceedings.
The Registrar may from time to time make such inquiries and seek such reports and information as he considers appropriate or as are directed by the Supreme Court concerning the progress of any application, appeal or other matter. When he considers that the above requirements are not being complied with or where a time limit imposed by an order has not been complied with, the Registrar may list the matter before the Supreme Court.
The Supreme Court may at any time direct the lodgment and service of written submissions on an application or appeal or on any notice of motion.
The Supreme Court may when determining an application for leave to appeal or at any time of its own motion, having heard the parties, or on application by party by motion, give such directions and such orders for the conduct of the proceedings, as appear convenient for the determination of the proceedings in a just, expeditious and manner likely to minimise the costs.
Subject to any provision in legislation, where a person not a party to an appeal is entitled under any rule of law to be heard in Supreme Court proceedings other than as party, that party may apply by motion in the proceedings before the Supreme Court for leave to intervene in the proceedings on such terms as the Court directs.
The Supreme Court may extend or shorten the time limit set by the Rules and notify parties when a time limit is varied.
A document for use in proceedings in the Supreme Court may be served by personal service, registered post, electronic means where the person has consented to be so served or in the case of a notice of appeal, any other method permitted for service. Where the Registrar having made inquiries, is not satisfied as to the service effected, service may be directed in another manner.
Affidavits of service are to include details of the people served, method of service and the date on which service was made.