Court of Appeal (Civil)
(Judicial Review) Rules 2000
1 Interpretation
In
these Rules, unless the context otherwise requires –
“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
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 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;
“Court” means
the Court of Appeal;
“court below”
means the court whose decision is appealed from.
2 Limitation on application
These Rules shall apply
only to appeals to the Court in relation to or in connection with applications
for judicial review in civil proceedings.
3 Appeal against the refusal of leave or the grant of leave with
conditions ex parte
(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 Schedule 1 or 2.
(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, the applicant
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 7 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 the applicant 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 7 days from the date on which the order of the court below
was made.
(6) The
applicant shall, within 7 days from the date of lodging of the notice of
appeal, lodge with the Judicial Greffier 4 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), 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 the applicant’s advocate or solicitor.
4 Appeal against the refusal or grant of leave inter partes
(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 Schedule 3, 4, 5 or 6.
(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 7 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 the party 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 7 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 7
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 7 days from the date of lodging of the notice of
appeal, lodge with the Judicial Greffier, 4 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) the appellant shall, within
one day, deliver to every other party to the appeal a copy of the documents
referred to in paragraph (7).
(9) If
the appellant shall fail to comply with the terms of paragraph (7), 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.
5 Appeal against an order setting aside or refusing to set aside leave
(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 Schedule 7,
8, 9 or 10.
(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 7 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 the party 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 7 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 7
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 7 days from the date of lodging of the notice of
appeal, lodge with the Judicial Greffier, 4 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) the appellant shall, within
one day, deliver to every other party to the appeal a copy of the documents referred
to in paragraph (7).
(9) If
the appellant shall fail to comply with the terms of paragraph (7), 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.
6 Appeal against the substantive order
(1) An
appeal against the substantive order shall be brought by notice of appeal
substantially in the form set out in Schedule 11.
(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 14 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) Rules 1964, shall apply to appeals under this
Rule –
(a) Rule
4;
(b) Rule
5;
(c) Rule
6;
(d) Rule
7;
(e) Rule
8;
(f) Rule
9;
(g) Rule
10;
(h) Rule
11;
(i) Rule
12;
(j) Rule
13;
(k) Rule
14; and
(l) Rule
15.[1]
7 Power to extend and abridge time[2]
(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)
to enlarge or abridge the time prescribed by any provision of these Rules, the
period for serving notice of appeal under Rule 6(3) may be enlarged or
abridged by the court below at any time.
8 Citation
These Rules may be cited
as the Court of Appeal (Civil) (Judicial Review) Rules 2000.