Privy Council - Judicial Committee (Appellate Jurisdiction) Rules 2009

References are to the appropriate

Rule/Practice Direction

Rules

Rule 1

Rules are to come in force on 2 March 2009, except for the use

of new forms which shall come into force on 1 October 2009.

Rule 3

The new Rules shall apply so far as is practicable to Appeals

and Applications filed before 2 March 2009.

Rule 11(2)

An application for permission to Appeal (the old Petition for

Special Leave) must be filed within 28 days "from the date

of the Order or Decision of the Court below or the date of the

Court below refusing permission to Appeal (if

later)".

Rule 13

Each Respondent who wishes to object to the application must

within 14 days after service, file Notice of Objection.

Rule 15(1)

Every application shall be considered on paper without a hearing

by the Judicial Committee.

The Judicial Committee may direct an oral hearing.

Rule 18(2)

Notice of Appeal must be filed "within 56 days of the

date of the Order or Decision of the Court below or the date of the

Order or Decision of that Court granting permission to Appeal (if

later)".

Rule 19(2)

Before Notice is filed, a copy must be served on the Appellant

and any Respondent.

Rule 21(1)

The Appellant must prepare and file a Statement of the Relevant

Facts and Issues within 42 days after the filing of the Notice.

Rule 23

This now provides for sequential filing of cases, the Appellant

5 weeks before the hearing, the Respondent 3 weeks before the

hearing.

Rule 25

A Respondent who wishes to argue that the Order appealed from

should be upheld on grounds different from those relied on by the

Court below must state that clearly in his written case (but need

not cross-Appeal).

Rule 25(2)

A Respondent who wishes to argue that the Order appealed from

should be varied must obtain permission to cross-Appeal either from

the Court below or from the Judicial Committee.

Rule 27

A person claiming to have an interest in an Appeal may apply for

permission to intervene.

Rule 37

Where the Judicial Committee grants permission to Appeal, an

Order for Security for Costs may be made by the Judicial Committee

or by the Registrar. Where permission to Appeal has been granted by

the Court below, Security for Costs of the Appeal shall be a matter

for that Court.

Rule 39

Any Appellant who wishes to obtain a stay of execution pending

an Appeal must seek it from the Court below in the first

instance.

Rule 43

Orders for Costs will not normally be made either in favour of

or against Interveners.

Practice

Directions

PD2

2.1.7 A document may be filed by

first class post, through a document exchange or (with consent of

the Registrar) by electronic means.

2.1.8 The contents of documents

filed in a hard copy must also be provided to the Registry by

electronic means (and vice versa).

2.1.12 The 28 day period for

permission to Appeal runs from the date of the substantive Order

appealed from, not from the date on which the Order is sealed or

the date of any subsequent procedural Order (eg an Order refusing

permission to Appeal).

2.1.26 An Agent who files an application for permission to

Appeal "must be familiar with the subject

matter". This seems to...