News

21 April 2009

New Privy Council Rules Come Into Force

The 1982 Rules have now been updated. The Rules were principally drafted by Baroness Hale and reflect some of the procedure relating to appeals to the House of Lords.

The Draft Rules were circulated in early January for consultation with Privy Council Agents and others. Glovers participated in the consultation.

The most important aspect of the New Rules is that far more stringent time limits are laid down. Those wishing to appeal to the Privy Council should be aware of these, particularly in respect of:-

Application for Permission to Appeal

Rule 11(2). An Application for Permission to Appeal must be filed within 56 days from the date of the Order of Decision of the Court below or the date of the Court below refusing permission to Appeal (if later).

Rule 13(1). Each Respondent who wishes to object to an Application must, within 14 days after service, file Notice of Objection in "the appropriate form". At the moment no guidance is given as to what the appropriate form is.

Commencement and Preparation of Appeal

Rule 17(1)(c). An Appellant must, within 14 days of the grant by The Judicial Committee of permission to appeal, file Notice of Intention to Proceed with the Appeal.

Rule 19(1). Each Respondent who intends to participate must, within 21 days after service of the Permission or Notice, give notice "in the appropriate form" to the Registrar and file a Certificate of Service.

Rule 20(1). As soon as Permission to Appeal has been granted or a Notice of Appeal has been filed, the Appellant must "without delay" arrange for the Record to be:-

(a)    Certified by the proper officer of the Court below.

(b)    Transmitted to the Registrar.

(c)    Reproduced.

Rule 21(1). The Statement of Facts and Issues must be filed within 42 days after filing of the Notice. The parties must endeavour to agree the contents.

N.b. PD 5.1.8 - The Statement of Facts and Issues must be accompanied by a Précis. It should be drafted initially by the Appellant but submitted to and agreed by every Respondent before filing.

Rule 21(1). Within 14 days after the filing of the Statement of Facts and Issues, the parties must notify the Registrar that the Appeal is ready to list, specifying the number of hours that should be allocated (and although the rules do not say so, availability of Counsel).

Rule 23(1). The Appellant's Case must be filed at least 5 weeks before the hearing.

Rule 23(2). The Respondent's Case must be filed at least 3 weeks before the hearing.

Rule 24. At least 14 days before the hearing date the authorities must be filed (preferably agreed between the parties).

Rule 31(1). A copy of any incidental Application must be served on every other party before it is filed and, when the Application is filed, the Applicant must file a Certificate of Service.

Rule 31(3). A party who wishes to oppose an Application must file Notice of Objection within 14 days after service.

Rule 44(1). If a party wishes to defer making submissions as to costs until after Judgment, the Judicial Committee must be informed of this not later than at the close of the oral argument.

Rule 45(1). Where the Judicial Committee has made an Order for Costs, the claim for costs must be submitted to the Registrar within 3 months beginning with the date on which the Costs Order was made.

Rule 45(4). Within 21 days, beginning with the day on which a claim for costs is served, the Paying Party may file Points of Dispute.

Rule 45(5). Within 14 days thereafter the Receiving Party may file a Response.

Rule 51. A party dissatisfied with an assessment on costs may appeal to the Judicial Committee by filing an Incidental Application within 14 days.

In addition to the Rules, there are some helpful Practice Directions. Undoubtedly there will be a bedding in period whilst the Registry and practitioners get used to the new regime. The New Rules and Practice Directions can be viewed on the Privy Council website at http://www.privy-council.org.uk/output/Page542.asp.

Please note that this information is provided for general knowledge only and therefore specific advice should be sought for individual cases.

For further information please contact: