SC Proceedings I

Conduct of Appeals and Applications

All applications, appeals and other matters before the Supreme Court shall be prepared for hearing or determination in a manner which is just, expeditious and likely to minimise the costs of the proceedings.

The Registrar may from time to time make such inquiries and seek such reports or information of the parties as he considers appropriate or as are directed by the Supreme Court, applications for leave judge or (as the case may be) case management judge concerning the progress of any application, appeal or other matter .

The Registrar may where he considers that the above requirements are not being complied with, or where a time limit imposed by this Order has not been complied with, 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 issue or motion in any application or appeal.

Without Oral Hearing

The following applications may be determined by the Supreme Court otherwise than with an oral hearing:

an application seeking leave to appeal against a decision of the Court of Appeal or the High Court, as the case may be,
an application referred to in Article 64.3.3° of the Constitution;
an application referred to in Article 64.4.1° of the Constitution.

Where the Supreme Court considers it appropriate to do, having considered the documents lodged in respect of an application referred to in subsection (10), it may direct that the application, or any matter arising on the application, be determined with an oral hearing.“

Leave to appeal shall be granted by way of a certificate of the Supreme Court specifying the ground or grounds on which such appeal may be brought. Where the Supreme Court determines an application the Court shall state its reasons for the determination and such reasons may be stated briefly and in general terms.

Effect of Appeal

An application for leave or an appeal to the Supreme Court does not operate as a stay of execution or of proceedings under the decision appealed from, except so far as the Court of Appeal or (as the case may be) the High Court orders. No intermediate act or proceeding is invalidated by reason of an application for leave or an appeal to the Supreme Court, except so far as is directed by the Court of Appeal or the High Court.

Where, upon application to it in that behalf by any party to an appeal against a decision of the High Court, the Supreme Court grants leave to appeal against the decision of the High Court, such grant of leave to appeal shall operate;

where an appeal has also been made to the Court of Appeal, to discontinue the appeal proceedings before the Court of Appeal in respect of the grounds on which the Supreme Court has granted leave to appeal, or
where no appeal has, at the time of the grant of the leave to appeal, been made to the Court of Appeal, to preclude such an appeal being made to the Court of Appeal on those grounds.

The Supreme Court may hear cases in division. Divisions may include as a judge, the President of the Court of Appeal.

Directions, intervention and concurrent listings

The Supreme Court may of its own motion when determining an application for leave, or at any time thereafter and from time to time:

of its own motion and having heard the parties, or
on the application of a party by motion on notice to the other party or parties,

give such directions and make such orders for the conduct of proceedings before the Supreme Court, as appear convenient for the determination of the proceedings in a manner which is just, expeditious and likely to minimise the costs of those proceedings.

Where any person not a party to an appeal is entitled under any rule of law to apply to be heard in any proceedings before the Supreme Court otherwise than as a party, that person may apply by motion in the proceedings before the Supreme Court on notice to the parties for permission to intervene in the proceedings on such terms as the Supreme Court directs.

The Supreme Court, on the hearing of the motion, may give such directions as it considers appropriate as to the hearing of the application for permission to intervene, and where the application is allowed, the extent, form and manner of the intervention permitted and the parties’ rights of response.

The Registrar may cause appeals arising from the same proceedings or appeals raising the same or similar issues to be listed on the same occasion before the Supreme Court.

Time and word limits

An application to extend or shorten any time limit set by the Rules or time limit or word limit set by a statutory practice direction may be made—

to the Supreme Court,
in respect of proceedings up to the determination of an application for leave, to the applications for leave judge,
in respect of proceedings following the determination of an application for leave, the case management judge.

An application to extend time to apply for leave to appeal or to lodge a respondent’s notice shall only be made to the Supreme Court.

The Supreme Court or, as the case may be, the appropriate judge sitting alone, may exercise the powers to extend or shorten a time limit set by the Rules or a time limit or word limit set by a statutory practice direction either on an application by one or more parties or without an application being made. The Registrar shall notify the parties when a time limit or word limit is varied under this rule.

An application for an extension of time may be granted after the time limit has expired. Where an extension of time for service of a notice of application for leave is granted, the time limits r for any steps consequential upon service of the notice of application for leave shall, without any order or direction for the purpose, be extended in proportion to the number of additional days granted for service of the application for leave.

Service

A document for use in proceedings in the Supreme Court may be served by any of the following methods—

personal service,
registered post,
electronic means where the person to be served has consented to service by such means or a statutory practice direction so requires or permits and
save in the case of a notice of application for leave or notice of appeal, any other method permitted by Order 121.

Where, having made such inquiries, if any, as he considers appropriate, the Registrar is not satisfied as to the sufficiency of the service effected in any case, the Registrar may direct service by another method or may direct the giving of notice of the application or appeal by another means.

An affidavit of service or, where permitted by the Rules or a statutory practice direction, a certificate of service, shall include details of the persons served and the method of service used and shall state the date on which the document was served personally, posted, delivered to the document exchange or sent electronically, as the case may be.

Service on a party by a means which has been agreed by or among parties in the proceedings in the court below or which has been directed by the court below is, until the contrary is shown, deemed to be sufficient service.

Lodgment of documents.

Subject to any provision of statute, whenever under the Rules an application may be made to the court below or to the Supreme Court, it shall be made in the first instance to the court below.

Effect of interlocutory order in 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 such decision on the application for leave to appeal or appeal as the Supreme Court considers just.

Security for costs

The Supreme Court may under special circumstances direct that a deposit or other security in the amount fixed by the Supreme Court be made or given for the costs to be occasioned by any application for leave or appeal.

Amendments

A notice of appeal, or any other document used in an appeal to the Supreme Court, may be amended at any time on such terms as the Supreme Court thinks fit. An application for leave to amend shall be made by motion on notice to the other parties who would be affected by the amendment.

Non-compliance with requirements as to contents of documents

The Registrar may refuse to issue any notice of application for leave or notice of appeal or other document which does not comply with the requirements of this Order or the requirements of any statutory practice direction which applies to the application or appeal in question. A party aggrieved by a refusal to issue a document may apply within 14 days of the refusal to the applications for leave judge, or to the case management judge or to the Supreme Court, as the context requires, to authorise the issue of the document concerned.

Case Management

Following the lodgment of notice of intention to proceed, unless the Supreme Court or, as the case may be, the case management judge sitting alone has otherwise directed, the Registrar shall list the appeal before the Supreme Court or, as the case may be, that judge sitting alone, on notice to the parties for a case management hearing.

Unless the Supreme Court or, as the case may be, the case management judge sitting alone has otherwise directed, the appellant shall lodge in the Office not later than four days before the date fixed for the directions hearing the requisite number of copies of a case management booklet, indexed and paginated, containing the documents prescribed by statutory practice direction.

Written submissions and appeal books

Unless the Supreme Court has otherwise directed, each party shall deliver or exchange and shall lodge in the Office written submissions on the appeal, identifying and addressing the issues arising in the appeal, in conformity with the requirements of, and at the time or times prescribed by, statutory practice direction and such written submissions shall be filed electronically where directed by the Registrar.

Unless the Supreme Court has otherwise directed, within such time following the delivery of the respondents written submissions as is prescribed by statutory practice direction, appeal books, containing such documents as are prescribed by statutory practice direction, shall be delivered, and the requisite number of copies of appeal books lodged in the Office.

In any case where a respondent to an appeal sought to vary the decision or order of the court below, for the purposes of this rule a single set of the appeal books shall, save where the Supreme Court otherwise directs, be produced for both appeals concerned.

Interlocutory applications to the Supreme Court

Unless otherwise permitted by the Supreme Court, all interlocutory applications to the Supreme Court shall be brought by notice of application in the form for the time being prescribed or directed on notice to every other party to the appeal, application or other matter, grounded on an affidavit sworn by or on behalf of the moving party.

The notice of application and affidavit shall be lodged in the Office and a copy of the notice and affidavit (and any exhibits) served on every party affected by the interlocutory application not later than four clear days before the date fixed for the hearing of the application.

The Supreme Court may direct service of the notice of application on any other party. Every party served with the notice of application is at liberty to lodge in the Office and serve a copy of a replying affidavit.

No application for interlocutory relief (including any relief by way of a stay or security for costs) may be made to the Supreme Court before the determination of the application for leave.

Powers on Appeal

Subject to the provisions of the Constitution and of statute–

the Supreme Court has on appeal and may exercise or perform all the powers and duties of the court below,
the Supreme Court may give any judgment and make any order which ought to have been made and may make any further or other order as the case requires.

Powers as to evidence

Subject to the provisions of the Constitution and of statute—

the Supreme Court has on appeal full discretionary power to receive further evidence on questions of fact, and may receive such evidence by oral examination in court, by affidavit, or by deposition taken before an examiner or commissioner,
further evidence may be given without special leave on any appeal from an interlocutory judgment or order or in any case as to matters which have occurred after the date of the decision from which the appeal is brought,
on any appeal from a final judgment or order, further evidence (save as to matters subsequent as mentioned in paragraph (b)) may be admitted on special grounds only, and only with the special leave of the Supreme Court (obtained by application by motion on notice setting out the special grounds),
the Supreme Court may draw inferences of fact in accordance with law,
if the Supreme Court considers that the record available to it of the proceedings in the court below is deficient, it may have regard to such evidence, or to such verified notes or other materials as the Supreme Court deems expedient,
where the Supreme Court considers it necessary, it may direct the Registrar to apply to the trial Judge for a report to the Supreme Court on the trial or any part of the trial.”

Practice Directions

There is provision for case management and Practice Directions in the Supreme Court. In the interests of the administration of justice and the determination of proceedings in a manner which is just, expeditious and likely to minimise the cost of those proceedings an order or direction may be given in relation to the conduct of proceedings before the Supreme Court.

In the interests of the administration of justice and the determination of proceedings in a manner which is just, expeditious and likely to minimise the cost of those proceedings, the Chief Justice may issue practice directions in relation to the conduct of appeals or applications made to the Supreme Court.

A practice direction may relate to civil or criminal proceedings, or both, or a class or classes of civil or criminal proceedings, or both, and may make provision for such incidental, supplementary and consequential matters, including in respect of a failure to comply with any matter provided for in a practice direction as appear to the Chief Justice to be necessary or expedient for the purposes of the direction.