Court of Appeal
(Civil) Rules 1964
1 Interpretation
(1) In
these Rules, unless the context otherwise requires –
“appeal” and
“application” mean respectively an appeal and an application under Part 2
of the Law;
“appellant’s
case” has the meaning assigned thereto by Rule 8(1)(f);
“Court” means
the Court of Appeal;
“court below”
means the court whose decision is appealed from;
“Law” means
the Court
of Appeal (Jersey) Law 1961;
“respondent’s
case” has the meaning assigned thereto by Rule 8(6);
“respondent’s
notice” has the meaning assigned thereto by Rule 5(4);
“timings
letter” means the letter referred to in paragraphs (1) and (2) of
Rule 8;
“transcript”
means the transcript referred to in Rule 7(1).[1]
(2) These
Rules shall not apply to appeals to the Court under Rule 3, 4 or 5 of the Court
of Appeal (Civil) (Judicial Review) Rules 2000.[2]
1A Reckoning periods of
time[3]
(1) Any
period of time fixed by rules of court or by any
judgment, order or direction for doing any act in relation to any civil matter
within the jurisdiction of the Court of Appeal shall be reckoned in accordance
with this Rule.
(2) When
the act is required to be done within a specified period after or from a
specified date, the period begins immediately after that date.
(3) When
the act is required to be done within or not less than a specified period
before a specified date, the period ends immediately before that date.
(4) When
the act is required to be done a specified number of clear days before or after
a specified date, at least that number of days must intervene between the day
on which the act is done and that date.
(5) If,
apart from this paragraph, the period in question, being a period of
7 days or less includes a Saturday, Sunday, public holiday or bank
holiday, Christmas Day or Good Friday, that day is
excluded.
(6) In
paragraph (5) “public holiday” and “bank holiday”
mean, respectively, a day appointed to be observed as a public holiday or as a
bank holiday under the Public
Holidays and Bank Holidays (Jersey) Law 1951.
2 Notice of appeal
(1) An
appeal to the Court shall be by way of re-hearing and shall be brought by
notice of appeal in the form set out in the Schedule hereto.
(2) Notice
of appeal may be given either in respect of the whole or in respect of any
specified part of the judgment or order of the court below; and every such
notice shall specify the grounds of the appeal and the precise form of the
order which the appellant proposes to ask the Court to make.
(3) Except
with the leave of the Court, the appellant shall not be entitled on the hearing
of an appeal to rely on any grounds of appeal, or to apply for any relief, not
specified in the notice of appeal.
(4) A
notice of appeal shall be served on all parties to the proceedings in the court
below who are directly affected by the appeal; and subject to the provisions of
Rule 11 it shall not be necessary to serve the notice on parties not so
affected.
3 Time for appealing[4]
Subject
to paragraphs (2) and (3) of Rule 16, a notice of appeal must be
served or, if leave to appeal is required, an application for leave to appeal
must be made, within 28 days from the date on which the judgment or order of
the court below was pronounced.
4 Setting down
(1) The
appellant shall, within 7 days after service of the notice of appeal (or
where the notice has been served on more than one party, within 7 days
after the latest service) or within such further time as may be allowed by the
Judicial Greffier, apply in accordance with this Rule
to set down the appeal.
(2) An
application to set down an appeal shall be made by leaving with the Judicial Greffier –
(a) a
copy of the notice of appeal; and
(b) the
record of the Viscount certifying that the notice of appeal has been duly
served.
(3) Upon
application being made as aforesaid, the Judicial Greffier
shall file the copy of the notice of appeal and cause the appeal to be set down
in the list of appeals.
(4) Within
2 days after an appeal has been set down, the appellant shall give notice
to that effect to all parties on whom the notice of appeal was served.
5 Respondent’s notice
(1) A
respondent who, not having appealed from the decision of the court below,
desires to contend on the appeal that the decision of that court should be
varied, either in any event or in the event of the appeal being allowed in
whole or in part, shall give notice to that effect, specifying the grounds of
that contention and the precise form of the order which the respondent proposes
to ask the Court to make, or to make in that event, as the case may be.
(2) A
respondent who desires to contend on the appeal that that decision of the court
below should be affirmed on grounds other than those relied on by that court
shall give notice to that effect specifying the grounds of that contention.
(3) Except
with the leave of the Court, a respondent shall not be entitled on the hearing
of the appeal to contend that the decision of the court below should be varied
on grounds not specified in a notice given under this Rule, to apply for any
relief not so specified, or to support the decision of the court below on any
grounds not relied on by that court or specified in such a notice.
(4) Any
notice given by a respondent under this Rule (in these Rules referred to as a
“respondent’s notice”) shall be served on the appellant and
on all parties to the proceedings in the court below who are directly affected
by the contentions of the respondent, within 14 days after the service of
the notice of appeal on the respondent.
(5) A
party by whom a respondent’s notice is given shall, within 2 days
after service of the notice, furnish a copy of the notice to the Judicial Greffier.
6 Amendment of notice of appeal and respondent’s notice
(1) A
notice of appeal or respondent’s notice may be amended –
(a) by or
with the leave of the Court, at any time;
(b) without
such leave, by supplementary notice served at least 14 days before the day
fixed for the hearing of the appeal, on each of the parties on whom the notice
to be amended was served.
(2) A
party by whom a supplementary notice is served under this Rule shall, within 2 days
after service of the notice, furnish a copy of the notice to the Judicial Greffier.
7 Transcript[5]
(1) Subject
to any direction of the Court or the court below under Article 21(1) of
the Law, after an appeal has been set down, the Judicial Greffier
shall, upon the request of either party to the appeal, make a transcript of the
official record of the proceedings at the hearing.
(2) The
transcript shall be furnished to the appellant and to every other party to the
appeal upon payment of such charges as are fixed for the time being by rules of
court pursuant to Article 21(4) of the Law.
8 Timetable,
directions etc. for the appeal[6]
(1) Within
7 days of receiving the notice of appeal in accordance with
Rule 4(2), the Judicial Greffier shall prepare
and circulate to each of the parties to the appeal a timings letter.
(2) The
timings letter will –
(a) contain
a timetable of the dates by which submissions and other documents referred to
in this Rule are to be lodged with the Judicial Greffier;
(b) specify
the manner, including the number of copies of documents to be lodged, in which
the other matters referred to in this Rule are to be completed; and
(c) specify
the sitting of the Court at which the appeal is scheduled to be heard,
and may deal with any
ancillary timetabling or related matter if expedient to do so.
(3) The
Judicial Greffier may at any stage of the appeal
issue to the parties a supplementary or revised timings letter if the Judicial Greffier, on application by any party to the appeal, or
otherwise, thinks it expedient to do so; and, if a supplementary or revised
timings letter is issued, references in these Rules to the timings letter shall
be construed as references to the timings letter as so supplemented or revised.
(4) The
appellant shall, in accordance with the timetable and in the manner specified
in the timings letter, lodge with the Judicial Greffier –
(a) the
acts or other documents containing the pleadings and proceedings in the court
below, including –
(i) the
order, judgment, decree or award under appeal,
(ii) so
much of the legislation referred to, and of all documentary or other material
produced, in the court below as is considered germane to the appeal;
(b) the
notice of appeal;
(c) such
parts of the transcript as are considered germane to the appeal;
(d) where
evidence was taken on affidavit, on commission or before the Viscount, such
affidavit or the official record of such evidence given on commission or before
the Viscount as is considered germane to the appeal;
(e) the
contentions to be urged and the authorities to be cited by the appellant in
support of the appellant’s appeal (hereinafter referred to as the “appellant’s
case”).
(5) When
the appellant has complied with paragraph (4) he or she shall, within
2 days, deliver to all parties on whom the notice of appeal was served a
copy of the appellant’s case.
(6) A
respondent shall, in accordance with the timetable and in the manner specified
in the timings letter, lodge with the Judicial Greffier
the contentions to be urged and the authorities (to the extent that they are
additional to those contained in the appellant’s case) to be cited by the
respondent at the hearing of the appeal (hereinafter referred to as a “respondent’s
case”).
(7) When
a respondent has complied with paragraph (5) he or she shall, within
2 days, deliver to the appellant a copy of the respondent’s case.
9 Notification
of hearing of appeal[7]
No later than 7 days
before the first day of the sitting of the Court at which the appeal is
scheduled to be heard, the Judicial Greffier shall
circulate to each of the parties, or to his or her advocate or solicitor, a
copy of the Court’s agenda for the relevant sitting.
10 Abandonment of
appeal by non-prosecution[8]
Subject to Rule 16, if the appellant has not
complied with Rule 8(4), the appellant’s appeal shall be deemed to
have been abandoned.
10A Voluntary abandonment of appeal[9]
(1) The
appellant may abandon his or her appeal by written notice to the Judicial Greffier.
(2) A
notice under this Rule must be served on the parties on whom the notice of
appeal was required under Rule 2(4) to be served.
(3) A
notice under this Rule does not affect the power of the Court under Article 16
of the Law in relation to costs.
(4) This
Rule does not apply to an appeal which lies to the Court under Article 68(1)(b)
of the Children (Jersey) Law 2002.[10]
11 Directions of the Court as to service
(1) The
Court may in any case direct that the notice of appeal be served on any party
to the proceedings in the court below on whom it has not been served, or on any
person not party to those proceedings.
(2) In
any case in which the Court directs the notice of appeal to be served on any
party or person, the Court may also direct that any respondent’s notice
by which that party or person is directly affected shall be served on the party
or person.
(3) The
Court may in any case where it gives a direction under this Rule –
(a) postpone
or adjourn the hearing of the appeal for such period and on such terms as the
Court thinks just; and
(b) give
such judgment and make such order on the appeal as might have been given or
made if the persons served in pursuance of the direction had originally been
parties.
12 General powers of the Court
(1) The
Court shall have full discretionary power to receive further evidence on
questions of fact, either by oral examination in court, by affidavit, or by
deposition taken before the Viscount or on commission:
Provided that in the case
of an appeal from a judgment after hearing of any cause or matter on the
merits, no such further evidence (other than evidence as to matters which have
occurred after the date of the trial or hearing) shall be admitted except on
special grounds.
(2) The
Court shall have power to draw inferences of fact and to give any judgment and
make any order which ought to have been given or made, and to make such further
or other order as the case may require.
(3) The
powers of the Court under the foregoing provisions of this Rule may be
exercised notwithstanding that no notice of appeal or respondent’s notice
has been given in respect of any particular part of the decision of the court below
or by any particular party to the proceedings in that court, or that any ground
for allowing the appeal or for affirming or varying the decision of that court
is not specified in such a notice; and the Court may make any order, on such
terms as the Court thinks just, to ensure the determination on the merits of
the real question in controversy between the parties.
(4) The
Court may, in special circumstances, order that such security shall be given
for the costs of an appeal as the Court thinks just.
(5) The
powers of the Court in respect of an appeal shall not be restricted by reason
of any interlocutory order from which there has been no appeal.
13 Powers of the Court as to new trials
(1) A
new trial shall not be ordered on the ground of misdirection, or of the
improper admission or rejection of evidence, unless in the opinion of the Court
some substantial wrong or miscarriage has been thereby occasioned.
(2) A
new trial may be ordered on any question without interfering with the finding
or decision on any other question; and if it appears to the Court that any such
wrong or miscarriage as is mentioned in paragraph (1) affects part only of
the matter in controversy, or one or some only of the parties, the Court may
order a new trial as to that part only, or as to that party or those parties
only, and give final judgment as to the remainder.
14 Evidence on appeal
Where any question of
fact is involved in an appeal, the evidence taken in the court below bearing on
the question, shall, subject to any direction of the Court, be brought before
the Court as follows –
(a) in
the case of evidence taken on affidavit, on commission or before the Viscount,
by the production of copies of such affidavit or of the official record of such
evidence given on commission or before the Viscount;
(b) in
the case of evidence given orally, by a copy of the transcript or by such other
means as the Court may direct.[11]
15 Stay of execution, etc.
(1) Except
so far as the court below or the Court may otherwise direct –
(a) an
appeal shall not operate as a stay of execution or of proceedings under the
decision of the court below;
(b) no
intermediate act or proceeding shall be invalidated by an appeal.
(2) Where
execution has been delayed by an appeal, interest for the period of delay at
the rate of 4% per annum shall be allowed unless the Court otherwise orders.
16 Power to extend and abridge time[12]
(1) The
Court or a judge thereof shall have power to enlarge the time appointed by
these Rules, or fixed by an order enlarging time, for doing any act or taking
any proceeding, on such terms (if any) as the justice of the case may require,
and any such enlargement may be ordered although the application for the same
is not made until after the expiration of the time appointed or allowed.
(2) Without
prejudice to the power of the Court or a judge thereof under paragraph (1)
to enlarge the time prescribed by any provision of these Rules, the period for
serving notice of appeal or applying for leave to appeal under Rule 3 may
be extended by the court below at any time.[13]
(3) Without
prejudice to the power of the Court or a judge thereof under paragraph (1)
or of the court below under paragraph (2), where leave to appeal is
required and is granted, the time for serving a notice of appeal shall be
automatically extended by 7 days from the date of the grant of leave to
appeal.[14]
(4) Nothing
in this Rule affects the power to abridge time for doing any act or taking any
proceeding.[15]
17 Service of documents
Unless otherwise directed
by the Court, a notice or other document required to be served for the purposes
of Part 2 of the Law or these Rules shall be served through the medium of
the Viscount’s Department.
18 Costs of the proceedings[16]
(1) If
the Court in the exercise of its discretion under Article 16 of the Law
sees fit to make any order as to the costs of the proceedings before it, the
amount of costs which any party to those proceedings shall be entitled to
recover is the amount allowed after taxation on the standard basis unless it
appears to the Court to be appropriate in the circumstances to order costs to
be awarded on an indemnity basis.
(2) For
the purposes of paragraph (1) the terms “standard basis” and
“indemnity basis” shall be construed and ascertained in the same
way as if the proceedings in question were before the Royal Court.
(3) Taxation
of costs for the purposes of paragraph (1) includes taxing by way of
summary assessment of the costs of or arising out of any application.[17]
(4) Where
the Court has ordered a person to pay any costs of a party, it may at any time
order that person to pay such amount as it sees fit as an interim payment on
account of costs before the costs are assessed.[18]
(5) An
amount ordered to be paid on account under paragraph (4) is recoverable in
the same way as if the proceedings in question were before the Royal Court.[19]
18A Appeals from
proceedings under the Sanctions and Asset-Freezing and Money Laundering and
Weapons Development Laws[20]
(1) In
this Rule –
“2012 Law”
means the Money
Laundering and Weapons Development (Directions) (Jersey) Law 2012;
“2019 Law” means the Sanctions and
Asset-Freezing (Jersey) Law 2019;
“appeal” means an appeal against a
decision of the Royal Court in proceedings under Article 40 or Article 41
of the 2019 Law or under Article 10 of the 2012 Law.[21]
(2) These
Rules apply to an appeal subject to paragraphs (3) and (4).
(3) Any
special counsel appointed in the proceedings shall be taken to be a party
directly affected by the appeal for the purposes of Rule 2(4) and by the
contentions of the respondent for the purposes of Rule 5(4).
(4) Rules 16A/7
to 16A/17 of the Royal
Court Rules 2004 shall apply in relation to the appeal
proceedings as they did in relation to the proceedings in the court below with
the following modifications –
(a) references
to the appellant or applicant in the proceedings in the court below shall be
taken to refer to the appellant in the appeal;
(b) references
to the Court shall be taken to refer to the Court of Appeal, or a judge
thereof; and
(c) the
reference in Rule 16A/7(1)(b) to the Chief Minister shall be construed as
a reference to the respondent in the appeal.
18B Leave of the
Court under Article 14 of the Law[22]
An application to the
Court under Article 14 of the Law for leave to appeal from a decision of
the Court shall be made within 28 days of the date on which the decision
was given or, if later, of the date on which reasons for the decision were
given.
19 Citation
These Rules may be cited
as the Court of Appeal (Civil) Rules 1964.