Memorandum by the
Privy Council Office
1999 (S.I. 1999/665)
1. By letter dated 12th
May and signed by its Commons Clerk, the Joint Committee on Statutory
Instruments has asked for a memorandum explaining how rule 5.30(4)
of the Judicial Committee (Devolution Issues) Rules 1999 is intended
to apply to the case of an appellant in person.
2. Rule 5.30(4) is designed
to ensure, as far as possible, that each party's written Case
is approved and authenticated by the person who will be arguing
on behalf of that party before the Judicial Committee. Normally
that will be counsel who has been instructed for the purpose.
However, this may not always be practicable (e.g. if it is not
known yet who will be arguing on behalf of the party in question)
and the signature of counsel who appeared in the court below will
3. Where an appellant intends
to argue in the Judicial Committee in person, then the combined
effect of rules 1.2(3) and 5.30(4) is that the appellant himself
or herself should sign the Case. If the appellant was represented
by counsel in the court below it would also suffice if the Case
for the Judicial Committee was signed by that counsel, but if
he has not been instructed for the hearing in the Judicial Committee
it is unlikely that he will be involved in the preparation of
the appeal or reference to the Committee.
4. If any practical problems
arise, the Registrar can be asked to excuse compliance with the
rules under rule 5.59(1).
13th May 1999