Memorandum by the Lord Chancellor's
2) 1998 (S.I. 1998/3049)
1. By a letter of 13 January from
its Commons Clerk, the Committee asked for a memorandum on the
New RSC Order 59 rule 1B,
substituted by rule 3(1), provides that every appeal is to be
subject to leave except those mentioned in sub-paragraphs
(a) to (c). Explain, having regard to section 18(1A) of the Supreme
Court Act 1981 which enables leave to be made a requirement only
any such class of case as may be prescribed"
by the Rules, what authorises the making of the requirement generally,
that is for all classes of case with the exception of those specified
(contrasting the earlier version of rule 1B as introduced in SI
2. The Department considers that
appeal except (a), (b) and (c)'
is a class of case and therefore falls within section 18(1A);
and that it is not necessary to confine the formulation of a class
to listing individual types of proceedings (if that is the implication
of the Committee's
question). That would be an extremely cumbersome way of drafting
where, as here, the greater part of the range of possible cases
within the scope of the power is actually to be included.
25th January 1999