Jersey Law 11/2000
COURT OF APPEAL (CIVIL) (JUDICIAL REVIEW) (JERSEY) RULES 2000
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1.
Interpretation
2.
Limitation on application
3.
Appeal against the refusal
of leave or the grant of leave with conditions ex parte
4.
Appeal against the refusal
or grant of leave inter partes
5.
Appeal against an order
setting aside or refusing to set aside leave
6.
Appeal against the
substantive order
7.
Extension of time
Court of Appeal
(Jersey) Law 1961
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IN THE COURT OF APPEAL OF JERSEY
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The 26th day of
January 2000
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THE COURT OF APPEAL, in pursuance of
Article 19 of the Court of Appeal (Jersey) Law 1961, as
amended, and of all other powers enabling it in this behalf, has made the
following Rules –
Interpretation
1. In these Rules, unless the context
otherwise requires –
“appeal against the refusal of leave or the grant of leave with
conditions ex parte” means an appeal
to the Court against a decision of the Bailiff, sitting as sole judge, to
refuse or to grant with conditions an application made ex parte for leave to apply for judicial review;
“appeal against the refusal or the grant of leave inter partes” means an appeal to the
Court against a decision of the Bailiff, sitting as sole judge, to refuse or to
grant with or without conditions an application made inter partes for leave to apply for judicial review;
“appeal against an order setting aside or refusing to set aside
leave” means an appeal to the Court against a decision of the Bailiff, sitting
as sole judge, to set aside or to refuse to set aside an order of the Bailiff,
sitting as sole judge, made ex parte granting
leave to apply for judicial review or to vary or to refuse to vary conditions
attached to such an order;
“appeal against the substantive order” means an appeal to the Court
against the decision of the Royal Court in relation to the application for
judicial review”;
“conditions” means any terms or conditions imposed on the applicant
or any stay or other order granted to the applicant upon the grant of leave to
apply for judicial review;
“the Court” means the Court of Appeal;
“the court below” means the court whose decision is appealed from.
Limitation on application
2.-(1) These Rules shall apply only to appeals to
the Court in relation to or in connection with applications for judicial review
in civil proceedings.
(2) After paragraph (2) of
Rule 1 of the Court of Appeal (Civil) (Jersey) Rules 1964, as
amended, there shall be inserted the following paragraph –
“(3) These Rules shall
not apply to appeals to the Court under Rules 3, 4 or 5 of the Court of Appeal
(Civil) (Judicial Review) (Jersey) Rules 2000.”.
Appeal against the refusal of leave or the
grant of leave with conditions ex parte
3.-(1) An appeal against the refusal of leave or the
grant of leave with conditions ex parte
shall be brought by notice of appeal substantially in the form set out in the
First or Second Schedule hereto.
(2) Except with the leave
of the Court, the applicant shall not be entitled at the hearing of the appeal
to rely on any grounds of appeal, or to apply for any relief, not specified in
the notice of appeal.
(3) Where the applicant
intends to appeal against the refusal of leave or the grant of leave with
conditions ex parte, he shall apply
to the court below for leave to appeal to the Court at the hearing before the
court below.
(4) Where leave to appeal
to the Court is granted by the court below, the notice of appeal shall be
lodged with the Judicial Greffier within seven days from the date on which the
order of the court below was made.
(5) Where leave to appeal
to the Court is not granted by the court below, the applicant shall, if he
intends to proceed with the appeal, lodge with the Judicial Greffier the notice
of appeal and an application to the Court for leave to appeal, within seven
days from the date on which the order of the court below was made.
(6) The applicant shall,
within seven days from the date of lodging of the notice of appeal, lodge with
the Judicial Greffier four copies of –
(a) the documents
including authorities which were presented to the court below;
(b) the order of the court
below;
(c) the notice of appeal;
(d) where appropriate, the
application to the Court for leave to appeal; and
(e) any additional
authorities to which the applicant wishes to refer.
(7) If the applicant shall
fail to comply with the terms of paragraph (6) of this Rule, then, subject to
the terms of Rule 7, the appeal shall be deemed to have been abandoned.
(8) A date shall be fixed
for the hearing of the appeal as soon as is convenient to the Court and the
Judicial Greffier shall, with the least possible delay, give notice thereof to
the applicant or his advocate or solicitor.
Appeal against the refusal or grant of
leave inter partes
4.-(1) An appeal against the refusal or grant of
leave inter partes shall be brought
by notice of appeal substantially in the form set out in the Third, Fourth,
Fifth or Sixth Schedule hereto.
(2) Except with the leave
of the Court, the appellant shall not be entitled at the hearing of the appeal
to rely on any grounds of appeal, or to apply for any relief, not specified in
the notice of appeal.
(3) Where a party intends
to appeal against the refusal or grant of leave inter partes, the party shall apply to the court below for leave to
appeal to the Court at the hearing before the court below.
(4) Where leave to appeal
to the Court is granted by the court below, the notice of appeal shall be
lodged with the Judicial Greffier within seven days from the date on which the
order of the court below was made.
(5) Where leave to appeal
to the Court is not granted by the court below, the party appealing shall, if
he intends to proceed with the appeal, lodge with the Judicial Greffier the
notice of appeal and an application to the Court for leave to appeal, within
seven days from the date on which the order of the court below was made.
(6) Every notice of appeal
and, where appropriate, every application to the Court for leave to appeal to
the Court shall be served upon all other parties who appeared before the court
below and are directly affected by the appeal within seven days from the date
on which the order of the court below was made and the appellant shall, within
one day from receiving the record of the Viscount certifying that the notice of
appeal or the notice of appeal and the application for leave have been duly
served, lodge with the Judicial Greffier a copy of the same and a copy of the
notice of appeal or the notice of appeal and the application for leave.
(7) The appellant shall,
within seven days from the date of lodging of the notice of appeal, lodge with
the Judicial Greffier, four copies of –
(a) the documents
including authorities which were presented to the court below by every party to
the appeal;
(b) the order of the court
below;
(c) the notice of appeal;
(d) where appropriate, the
application for leave to appeal to the Court; and
(e) any additional
authorities to which the appellant wishes to refer.
(8) When the appellant has
complied with paragraph (7) of this Rule he shall, within one day, deliver to
every other party to the appeal a copy of the documents referred to in
paragraph (7) of this Rule.
(9) If the appellant shall
fail to comply with the terms of paragraph (7) of this Rule, then, subject to
the terms of Rule 7, the appeal shall be deemed to have been abandoned.
(10) A date shall be fixed
for the hearing of the appeal as soon as is convenient to the Court and the
Judicial Greffier shall, with the least possible delay, give notice thereof to
the appellant and to every other party to the appeal or to their respective
advocates or solicitors.
Appeal against an order setting aside or
refusing to set aside leave
5.-(1) An appeal against an order setting aside or
refusing to set aside leave shall be brought by notice of appeal substantially
in the form set out in the Seventh, Eighth, Ninth or Tenth Schedule hereto.
(2) Except with the leave
of the Court, the appellant shall not be entitled at the hearing of the appeal
to rely on any grounds of appeal, or to apply for any relief, not specified in
the notice of appeal.
(3) Where a party intends
to appeal against an order setting aside or refusing to set aside leave inter partes, the party shall apply to
the court below for leave to appeal to the Court at the hearing before the
court below.
(4) Where leave to appeal to
the Court shall be granted by the court below, the notice of appeal shall be
lodged with the Judicial Greffier within seven days from the date on which the
order of the court below was made.
(5) Where leave to appeal
shall not be granted by the court below, the party appealing shall, if he
intends to proceed with the appeal, lodge with the Judicial Greffier the notice
of appeal and an application to the Court for leave to appeal, within seven
days from the date on which the order of the court below was made.
(6) Every notice of appeal
and, where appropriate, every application to the Court for leave to appeal to
the Court shall be served upon all other parties who appeared before the court
below who are directly affected by the appeal within seven days from the date
on which the order of the court below was made and the appellant shall, within
one day from receiving the record of the Viscount certifying that the notice of
appeal or the notice of appeal and the application for leave have been duly
served, lodge with the Judicial Greffier a copy of the same and a copy of the
notice of appeal or the notice of appeal and the application for leave.
(7) The appellant shall,
within seven days from the date of lodging of the notice of appeal, lodge with
the Judicial Greffier, four copies of –
(a) the documents
including authorities which were presented to the court below by every party to
the appeal;
(b) the order of the court
below;
(c) the notice of appeal;
(d) where appropriate, the
application for leave to appeal to the Court; and
(e) any additional
authorities to which the appellant wishes to refer.
(8) When the appellant has
complied with paragraph (7) of this Rule he shall, within one day, deliver to
every other party to the appeal a copy of the documents referred to in
paragraph (7) of this Rule.
(9) If the appellant shall
fail to comply with the terms of paragraph (7) of this Rule, then, subject to
the terms of Rule 7, the appeal shall be deemed to have been abandoned.
(10) A date shall be fixed
for the hearing of the appeal as soon as is convenient to the Court and the
Judicial Greffier shall, with the least possible delay, give notice thereof to
the appellant and to every other party to the appeal or to their respective
advocates or solicitors.
Appeal against the substantive order
6.-(1) An appeal against the substantive order shall
be brought by notice of appeal substantially in the form set out in the
Eleventh Schedule hereto.
(2) Except with the leave
of the Court, the appellant shall not be entitled at the hearing of the appeal
to rely on any grounds of appeal, or to apply for any relief, not specified in
the notice of appeal.
(3) Every notice of appeal
shall be served upon all other parties who appeared before the Court below and
are directly affected by the appeal within fourteen days from the date on which
the order was made and the appellant shall, within one day from receiving the
record of the Viscount certifying that the notice of appeal has been duly
served, lodge with the Judicial Greffier a copy of the same and a copy of the
notice of appeal.
(4) The following parts of
the Court of Appeal (Civil) (Jersey) Rules 1964, shall
apply to appeals under this Rule, subject to the amendments, set out below –
(a) Rule 4 thereof;
(b) Rule 5 thereof;
(c) Rule 6 thereof;
(d) Rule 7 thereof;
(e) Rule 8 thereof,
subject to the period of “four months” referred to in paragraph (1) thereof
being changed to “one month”;
(f) Rule 9 thereof;
(g) Rule 10 thereof,
subject to the period of “four months” referred to being changed to “one
month”;
(h) Rule 11 thereof;
(i) Rule 12 thereof;
(j) Rule 13 thereof;
(k) Rule 14 thereof; and
(l) Rule 15 thereof.
Extension of time
7.-(1) The Court or a judge thereof shall have power
to enlarge or abridge the time appointed by these Rules, or fixed by an order,
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) of this Rule to
enlarge or abridge the time prescribed by any provision of these Rules, the
period for serving notice of appeal under paragraph (3) of Rule 6 of these
Rules may be enlarged or abridged by the court below at any time.
8. These Rules may be cited as the
Court of Appeal (Civil) (Judicial Review) (Jersey) Rules 2000, and shall come
into force on the third day of April 2000.
A.W. FAUVEL
Deputy Judicial Greffier.
FIRST SCHEDULE
(Rule 3(1))
FORM OF NOTICE OF APPEAL AGAINST THE REFUSAL OF LEAVE EX PARTE
In the Court of Appeal of Jersey
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On
appeal from the Royal Court of Jersey
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BETWEEN…………………………………………...…..……Applicant
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AND…………………………...……………………….....…Respondent
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TAKE NOTICE that, on appeal from the
order made by the Royal Court on the day of 20 , whereby leave to apply for judicial
review was refused in respect of [state the judgment, order, decision or
other proceeding in respect of which relief is sought or, if leave was
refused in relation to only part of the application for judicial review, the
part of the application which was refused in relation to which the appeal is
lodged], the applicant will ask the Court of Appeal to order [state the
precise form of order applied for].
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AND FURTHER TAKE NOTICE that the
grounds of this appeal are –
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..........………………………………
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Advocate for the Applicant
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To the Judicial Greffier.
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SECOND SCHEDULE
(Rule 3(1))
FORM OF NOTICE OF APPEAL AGAINST THE CONDITIONS ATTACHED TO THE
GRANT OF LEAVE EX PARTE
In the Court of Appeal of Jersey
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On
appeal from the Royal Court of Jersey
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BETWEEN…………………………………………...…..……Applicant
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AND…………………………...……………………….....…Respondent
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TAKE NOTICE that, on appeal from the
order made by the Royal Court on the day of 20 , whereby leave to apply for judicial
review was granted in respect of [state the part of the application which was
granted and the conditions in relation to which the appeal is lodged], the
applicant will ask the Court of Appeal to order [state the precise form of
order applied for].
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AND FURTHER TAKE NOTICE that the
grounds of this appeal are –
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..........………………………………
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Advocate for the Applicant
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To the Respondent or to his advocate or solicitor.
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THIRD SCHEDULE
(Rule 4(1))
FORM OF NOTICE OF APPEAL AGAINST THE REFUSAL OF LEAVE INTER PARTES
In the Court of Appeal of Jersey
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On
appeal from the Royal Court of Jersey
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BETWEEN…………………………………………...…..……Applicant
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AND…………………………...……………………….....…Respondent
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TAKE NOTICE that, on appeal from the
order made by the Royal Court on the day of 20 , whereby leave to apply for judicial
review was refused in respect of [state the judgment, order, decision or
other proceeding in respect of which relief is sought or, if leave was
refused in relation to only part of the application for judicial review, the
part of the application which was refused in relation to which the appeal is
lodged], the applicant will ask the Court of Appeal to order [state the
precise form of order applied for].
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AND FURTHER TAKE NOTICE that the
grounds of this appeal are –
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..........………………………………
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Advocate for the Applicant
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To the Respondent or to his advocate or solicitor.
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FOURTH SCHEDULE
(Rule 4(1))
FORM OF NOTICE OF APPEAL BY THE APPLICANT AGAINST THE CONDITIONS
ATTACHED TO THE GRANT OF LEAVE INTER
PARTES
In the Court of Appeal of Jersey
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On
appeal from the Royal Court of Jersey
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BETWEEN…………………………………………...…..……Applicant
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AND…………………………...……………………….....…Respondent
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TAKE NOTICE that, on appeal from the
order made by the Royal Court on the day of 20 , whereby leave to apply for judicial
review was granted in respect of [state the part of the application which was
granted and the conditions in relation to which the appeal is lodged], the
applicant will ask the Court of Appeal to order [stated the precise form of
order applied for].
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AND FURTHER TAKE NOTICE that the
grounds of the appeal are –
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..........………………………………
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Advocate for the Applicant
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To the Respondent or to his advocate or solicitor.
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FIFTH SCHEDULE
(Rule 4(1))
FORM OF NOTICE OF APPEAL AGAINST THE GRANT OF LEAVE INTER PARTES
In the Court of Appeal of Jersey
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On
appeal from the Royal Court of Jersey
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BETWEEN…………………………………………...…..……Applicant
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AND…………………………...……………………….....…Respondent
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TAKE NOTICE that, on appeal from the
order made by the Royal Court on the day of 20 , whereby leave to apply for judicial
review was granted in respect of [state the judgment, order, decision or
other proceeding in respect of which relief is sought or, if the application
for leave was granted in part, the part of the leave which granted in
relation to which the appeal is lodged], the respondent will ask the Court of
Appeal to order [state the precise form of order applied for].
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AND FURTHER TAKE NOTICE that the
grounds of this appeal are –
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..........………………………………
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Advocate for the Respondent
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To the Applicant or to his advocate or solicitor.
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SIXTH SCHEDULE
(Rule 4(1))
FORM OF NOTICE OF APPEAL BY THE RESPONDENT AGAINST THE CONDITIONS
ATTTACHED TO THE GRANT OF LEAVE INTER
PARTES
In the Court of Appeal of Jersey
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BETWEEN…………………………………………...…..……Applicant
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AND…………………………...……………………….....…Respondent
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TAKE NOTICE that, on appeal from the
order made by the Royal Court on the day of 20 , whereby leave to apply for judicial
review was granted in respect of [state the part of the application which was
granted and the conditions in relation to which the appeal is lodged], the
respondent will ask the Court of Appeal to order [state the precise form of
order applied for].
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AND FURTHER TAKE NOTICE that the
grounds of this appeal are –
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..........………………………………
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Advocate for the Respondent
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To the Appellant or to his advocate or solicitor.
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SEVENTH SCHEDULE
(Rule 5(1))
FORM OF NOTICE OF APPEAL AGAINST AN ORDER SETTING ASIDE LEAVE
In the Court of Appeal of Jersey
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On
appeal from the Royal Court of Jersey
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BETWEEN…………………………………………...…..……Applicant
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AND…………………………...……………………….....…Respondent
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TAKE NOTICE that, on appeal from the
order made by the Royal Court on the day of 20 , whereby leave to apply for judicial
review was set aside in respect of [state the part of the leave which was set
aside in relation to which the appeal is lodged], the applicant will ask the
Court of Appeal to order [state the precise form of order applied for].
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AND FURTHER TAKE NOTICE that the grounds
of the appeal are –
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..........………………………………
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Advocate for the Applicant
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To the Respondent or to his advocate or solicitor.
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EIGHTH SCHEDULE
(Rule 5(1))
FORM OF NOTICE OF APPEAL AGAINST AN ORDER IMPOSING CONDITIONS UPON
THE GRANT OF LEAVE MADE UPON AN APPLICATION TO SET ASIDE LEAVE
In the Court of Appeal of Jersey
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On
appeal from the Royal Court of Jersey
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BETWEEN…………………………………………...…..……Applicant
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AND…………………………...……………………….....…Respondent
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TAKE NOTICE that, on appeal from the
order made by the Royal Court on the day of 20 , whereby conditions were attached to
the grant of leave to apply for judicial review upon an application to set
aside leave in respect of [state the part of the grant of leave and the conditions
in relation to which the appeal is lodged], the applicant will ask the Court
of Appeal to order [state the precise form of order applied for].
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AND FURTHER TAKE NOTICE that the
grounds of the appeal are –
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..........………………………………
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Advocate for the Applicant
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To the Respondent or to his advocate or solicitor.
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NINTH SCHEDULE
(Rule 5(1))
FORM OF NOTICE OF APPEAL AGAINST AN ORDER REFUSING TO SET ASIDE
LEAVE
In the Court of Appeal of Jersey
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On
appeal from the Royal Court of Jersey
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BETWEEN…………………………………………...…..……Applicant
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AND…………………………...……………………….....…Respondent
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TAKE NOTICE that, on appeal from the
order made by the Royal Court on the day of 20 , whereby the application to set aside
leave to apply for judicial review was refused in respect of [state the
judgment, order, decision or other proceeding in respect of which relief is
sought or, if the application to set aside leave was refused in part, the
part of the leave which was not set aside in relation to which the appeal is
lodged], the respondent will ask the Court of Appeal to order [state the
precise form of order applied for].
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AND FURTHER TAKE NOTICE that the
grounds of the appeal are –
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..........………………………………
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Advocate for the Respondent
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To the Applicant or to his advocate or solicitor.
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TENTH SCHEDULE
(Rule 5(1))
FORM OF NOTICE OF APPEAL AGAINST AN ORDER REFUSING TO IMPOSE
CONDITIONS UPON THE GRANT OF LEAVE MADE UPON AN APPLICATION TO SET ASIDE LEAVE
In the Court of Appeal of Jersey
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On
appeal from the Royal Court of Jersey
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BETWEEN…………………………………………...…..……Applicant
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AND…………………………...……………………….....…Respondent
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TAKE NOTICE that, on appeal from the
order made by the Royal Court on the day of 20 , whereby the application to attach
conditions to the grant of leave to apply for judicial review was refused on
an application to set aside leave in respect of [state the part of the grant
of leave and the conditions in relation to which the appeal is lodged], the
respondent will ask the Court of Appeal to order [state the precise form of order
applied for].
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AND FURTHER TAKE NOTICE that the
grounds of the appeal are –
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..........………………………………
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Advocate for the Respondent
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To the Applicant or to his advocate or solicitor.
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ELEVENTH SCHEDULE
(Rule 6(1))
FORM OF NOTICE OF APPEAL AGAINST THE SUBSTANTIVE ORDER
In the Court of Appeal of Jersey
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On
appeal from the Royal Court of Jersey
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BETWEEN…………………………………………...…..……Applicant
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AND…………………………...……………………….....…Respondent
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TAKE NOTICE that, on appeal from the
judgement given [or order made] by the Royal Court at the hearing of these
judicial review proceedings on the day of 20 , whereby it was adjudged [or ordered,
or directed] that.................................................[or, if
only part of the judgment or order is appealed from, on appeal from so much
of the judgment given [or order made] by the Royal Court on the
day of 20 , as adjudged [or ordered, or directed]
that ............................] the applicant/respondent will ask the
Court of Appeal to order [state the precise form of the order applied for].
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AND FURTHER TAKE NOTICE that the
grounds of the appeal are –
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..........……………………………........…
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Advocate for the
applicant/respondent
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To the respondent/applicant or to his advocate or
solicitor.
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