Determination of Application for Leave
Where the Supreme Court requires delivery of written submissions by the parties, the Registrar shall notify them of the requirements and the times at which the submissions shall be lodged and served by each participating party.
A certificate 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 and on any applicable statutory practice notice.
Where the Supreme Court has determined an application for leave to appeal, the Registrar shall notify the parties and any other person it considers necessary to notify, of the determination.
Post Leave Documents Required
The appellant shall, within 28 days of the grant by the Supreme Court of leave to appeal: lodge in the Office and serve on all respondents notice in the prescribed form of an 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.
Where the appellant does not lodge one of the documents referred to above within the time permitted, or such time extended by court order, appeal shall unless the Supreme Court otherwise orders, be deemed to be abandoned.
Where an appeal is deemed to be abandoned, any party other than the appellant concerned may apply on notice to the other parties for an order as to the costs of the proceedings.
Settlement, Compromise Withdrawal
Where an appeal has been settled or compromised, every party who has joined in the settlement or compromise shall notify the Registrar in writing. Where no issues of costs are outstanding and the parties confirm in writing to each other, the appeal shall be determined without further order.
Where a notice of intention to withdraw or abandon an appeal is lodged, an appeal is deemed to have been abandoned, or a party notifies other parties concerned and the Registrar in writing, of his intention to concede the appeal, then in such case the proceedings may, on the application of a party or at the direction of a Registrar, be listed before the Supreme Court on notice to the other parties, to enable the making of any necessary consequential orders. The Registrar shall notify the proper officer of the court below and any other person he considers necessary of the determination of the appeal.
Listing and Directions
After lodgment of a notice of intention to proceed, unless the Supreme Court otherwise directs, the Registrar shall list the appeal before the Supreme Court on notice to the parties for the purpose of giving of directions or the making of orders in relation to the conduct of the proceedings as the Supreme Court thinks fit.
Unless the Supreme Court 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 indexed and paginated directions booklet for use of the Supreme Court, comprising copies of:
- every judgment or order appealed from;
- the notice of appeal;
- the respondent’s notice delivered;
- the certificate giving leave to appeal;
- the notice of intention to proceed,
- any other document in the appeal which the party proposes to refer to at the directions hearing.
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. Such written submissions shall be filed electronically and as directed by the Registrar.
Where a party has not delivered or exchanged and lodged written submissions within the time permitted, the Registrar may, at the request of a party not in default or at of his own motion, list the appeal before the Supreme Court on notice to the parties for giving of directions or making of orders as the Supreme Court considers appropriate.
Unless the Supreme Court has otherwise directed, within such time following delivery of the respondent’s written submissions as is prescribed by statutory practice direction, appeal books, containing such documents as are prescribed by statute or practice direction, shall be delivered and the requisite number of appeal books lodged in the Office.
In any case where a respondent to an appeal has by separate notice of appeal sought to vary the decision or order of the court below, for the purpose of this rule, a single set of the appeal books shall, save where the Supreme Court otherwise directs, be produced for both appeals concerned.
Certificate of Readiness
Unless the Supreme Court has otherwise directed, the appellant shall lodge with the documents above, a certificate of readiness in a prescribed form. It is to provide that the appeal is ready for hearing or determination and include a reasoned estimate (which shall, where possible, be agreed with the respondent) of the time proposed to be taken for the hearing of the appeal, or that the appeal is not ready for hearing and/or determination and further action is necessary in order to render the appeal ready for hearing and/or determination.
Where the appellant is represented by counsel, the certificate shall be signed by counsel. Otherwise it shall be signed by the solicitor concerned.
Interlocutory applications in the Supreme Court are brought by notice of application in a prescribed form. The notice is to be given to every other party to the appeal, application or matter, grounded on the affidavit of the moving party.
The notice of application and affidavit shall be lodged in the Office and served on every party affected at least four clear days before the date fixed for the hearing.
The Supreme Court may direct service of the notice of application on any other party. Every party served with a notice of application is at liberty to lodge in the Office 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 to appeal.
Court of Appeal Matters
All applications under Article 64.3.3 of the Constitution (relating to the Court of Appeal) shall be in a prescribed form, which shall set out the grounds.
A notice of application shall not be grounded on any affidavit and shall be lodged in the Office together with documents prescribed by statute or practice direction.
A copy of the notice of application as lodged shall be served, within seven days after the application has been lodged, on every party to the appeal.
The moving party shall produce to the Supreme Court or Registrar on request, proof of service.
Every other party served with a notice of application shall, within seven days, lodge in the Office and serve on the moving party and every other party to the appeal, a notice stating whether or not he opposes the application. If he opposes the application, he should set out concisely the grounds on which the application is opposed.
Where the Supreme Court has determined an application to which the rule applies, the Registrar shall notify the parties, and the Registrar of the Court of Appeal, of any person he considers it necessary to notify, of the determination.
Powers of Supreme Court on Appeal
Subject to the Constitution and provisions of any statute, the Supreme Court on appeal may exercise and perform all the duties and powers of the court below.
The Supreme Court may give any judgment or make any order which ought to have been made or make any further or other order as the case requires.
Subject to the Constitution and statute, the Supreme Court has on appeal full discretionary power to receive further evidence of fact, and may receive such evidence by oral examination, affidavit, or deposition 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 before the date of the decision from which the appeal is brought.
On any appeal from a final judgment or order, further evidence, save matters subsequent as last mentioned may be admitted on special grounds only, and only with the special leave of the Supreme Court, obtained on application by motion on notice setting out the special grounds. The Supreme Court may draw inferences of fact in accordance with law. Where 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.