Court of Appeal
(Civil) (Amendment No. 3) Rules 2009
Made 20th July 2009
Coming into force 3rd
August 2009
THE COURT OF APPEAL, in pursuance of Article 19 of the Court of Appeal (Jersey) Law
1961[1], has made the following
Rules –
1 Interpretation
In these Rules “principal Rules” means the Court of
Appeal (Civil) Rules 1964[2].
2 Rule
3 substituted
For Rule 3 of the principal Rules there shall be substituted
the following Rule –
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 one month
from the date on which the judgment or order of the court below was
pronounced.”.
3 Rule
7 amended
In Rule 7 of the principal Rules –
(a) for
the words “shorthand note” there shall be substituted the word
“record”; and
(b) for
the words “a copy of the transcript thereof” there shall be
substituted the words “ and to every other party to the appeal a copy of
the transcript thereof upon payment of such charges as are fixed for the time
being by rules of court pursuant to Article 21(4) of the Law”.
4 Rules
8 and 10 amended
In –
(a) Rule
8(1); and
(b) Rule
10,
of the principal Rules for the words “4 months”
there shall be substituted the words “1 month”.
5 Rule
10A inserted
After Rule 10 of the principal Rules there shall be inserted
the following Rule –
“10A Voluntary
abandonment of appeal
(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.”.
6 Rule
16 amended
In Rule 16 of the principal Rules –
(a) the
heading shall be replaced so as to read “Power to
extend and abridge time”;
(b) in
paragraph (2) after the words “period for serving notice of
appeal” there shall be inserted the words “or applying for leave to
appeal”;
(c) after
paragraph (3) there shall be inserted the following paragraph –
“(4) Nothing in this Rule affects
the power to abridge time for doing any act or taking any proceeding.”.
7 Citation
and commencement
These Rules may be cited as the Court of Appeal (Civil) (Amendment
No. 3) Rules 2009 and shall come into force on 3rd August 2009.
C.J. COLEMAN
Assistant Judicial Greffier