(back to preceding text)

36. FEES AND SECURITY FOR COSTS

36.1   Payments of fees and deposits of security money may be made in cash or by banker's draft or cheque. If an appellant wishes to pay in cash, the Judicial Office may only accept cash up to £10,000, in order to comply with money laundering regulations. Drafts and cheques for fees must be made payable to 'House of Lords Account'. Drafts and cheques for security money must be made payable to 'House of Lords Security Fund Account'.

37. INTERVENERS

37.1   A person who is not a party to an appeal may petition the House for permission to intervene⁸⁵.

37.2   The petition for leave to intervene⁸⁶, with the prescribed fee, may only be lodged after the petition of appeal has been presented to the House. One master plus seven copies of the petition for leave to intervene must be lodged. The petition must indicate whether leave is sought for both oral and written interventions or for written intervention only. The petition should be certified with the consent of the appellants and respondents in the appeal. If their consent is refused, the petition must be endorsed with a certificate of service on them, with a brief explanation of the reasons for the refusal. All petitions for leave to intervene, whether or not opposed by the parties in the appeal, are referred to an Appeal Committee.

37.3   Persons who intervened in a court below are also required to petition, if they wish to intervene in an appeal to the House.

37.4   Petitions for permission to intervene orally or in writing or both must be lodged with the Judicial Office at least six weeks before the date of hearing of the appeal. If leave is given, written submissions must be lodged with the Judicial Office and also given to the appellants and respondents for incorporation into the bound volume at least three weeks before the hearing. Failure to meet these deadlines increases the burden on the parties in preparing their cases and the bound volumes, and may delay the hearing of the appeal.

37.5   All counsel instructed on behalf of an intervener with leave to address the House should attend the hearing unless specifically excused. But the House does not expect their continued attendance after such address has been made.

37.6   Subject to the discretion of the House, interveners bear their own costs.

37.7   Subject to the discretion of the House, any additional costs to the appellants and respondents resulting from an intervention are costs in the appeal.

37.8   If the Crown has been joined to proceedings in the court below in accordance with the provisions of s 5 of the Human Rights Act 1998, the leave of the House is not necessary for the continued intervention of the Crown (direction 33.5).

37.9   For intervention in petitions for leave to appeal, see direction 3.21.

38. NEW SUBMISSIONS

38.1   If, after the conclusion of the argument on an appeal, a party wishes to bring to the notice of the House new circumstances which have arisen and which might affect the decision or order of the House, application must be made without delay by letter to the Head of the Judicial Office for leave to make new submissions. The application should indicate the circumstances and the submissions it is desired to make, and a copy must be sent to the agents for the other parties to the appeal.

39. OPPOSED INCIDENTAL PETITIONS

39.1   Unless the Head of the Judicial Office directs otherwise, opposed incidental petitions (including any interlocutory petition which relates to any petition of appeal) are referred to an Appeal Committee and may be decided after an oral hearing.

39.2   One master plus seven copies of the petition must be lodged, with the prescribed fee. The original petition must bear a certificate of service on the other parties and must clearly indicate whether the other parties consent or refuse to consent to the prayer of the petition.

39.3   If the Appeal Committee orders an oral hearing, the parties may apply at that time to hand in affidavits and such other documents as they may wish. Eight copies are required. Copies of such documents must be served on the other parties before the oral hearing. Authorities are not normally cited before the Appeal Committee.

40. PATENTS

40.1   This direction applies to any appeal direct from the High Court under ss 12 and 13 of the Administration of Justice Act 1969, from an order for the revocation of a patent made under s 32 or s 61 of the Patents Act 1949 or under s 72 of the Patents Act 1977.

40.2   Notice of intention to present an appeal, with a copy of the petition of appeal, must be served on the Comptroller-General of Patents, Designs and Trade Marks, as well as on the respondents.

40.3   If at any time before the hearing of the appeal the respondents decide not to enter appearance on the appeal or to oppose it, they must without delay serve notice of their decision on the Comptroller and on the appellants. Any such notice served on the Comptroller must be accompanied by a copy of the petition under s 32 of the 1949 Act or of the pleadings in the action and the affidavits filed therein.

40.4   The Comptroller must, within 14 days of receiving notice of the respondents' decision, serve on the appellant and lodge at the Judicial Office a notice stating whether or not he intends to enter appearance.

40.5   The Comptroller may appear and be heard in opposition to the appeal:

(a)   in any case where he has given notice of his intention to appear, and

(b)   in any other case (including in particular a case where the respondents withdraw opposition to the appeal during the hearing) if the House so directs or allows.

40.6   The House makes such orders for the postponement or adjournment of the hearing of the appeal as may appear necessary for the purpose of giving effect to the provisions of this direction.

41. PUBLIC FUNDING AND LEGAL AID

41.1   The House of Lords does not provide public funding or legal aid. Application for public funding must be made in England and Wales to the Legal Services Commission, in Scotland to the Scottish Legal Aid Board, and in Northern Ireland to the Legal Aid Committee.

41.2   A party to whom a public funding or legal aid certificate has been issued must as soon as possible thereafter lodge a copy at the Judicial Office. Any emergency certificate and subsequent amendments and the authority for leading counsel must also be lodged.

Effect of application by appellant for public funding/legal aid

41.3   Provided the Judicial Office and the other parties have been notified in writing, an application by a petitioner or appellant for public funding or legal aid suspends proceedings in the House of Lords. Previously applicable time limits are set aside (including that for the deposit of security for costs).

41.4   Notification must be given far enough before the expiry of the original time limits to allow the Judicial Office to take the necessary steps to keep the petition or the appeal (as the case may be) from being dismissed as being out of time. A copy of the order appealed from must be submitted by the applicant with the notification. The original time limits are automatically extended to a date one month after the final decision is taken on the funding application (including any appeals against a refusal of funding)⁸⁷.

Effect of application by respondent for public funding/legal aid

41.5   Where a respondent to an appeal has applied for public funding or legal aid, the Judicial Office should be informed within the original time limit for lodging the Statement and Appendix⁸⁸. The period for lodging the Statement and Appendix is then extended to six weeks from the final determination of the funding or legal aid application (including any appeals against a refusal of funding).

Issuing of public funding/legal aid certificate

41.6   Where a public funding or legal aid certificate is granted, the relevant date for the purpose of calculation of time limits under directions 41.4 and 41.5 is the date of issue of the certificate.

42. SPECIALIST ADVISERS

42.1   Any party to an appeal may apply in writing to the Judicial Office for Specialist Advisers to attend the hearing⁸⁹. Such advisers provide assistance to the Appellate Committee and are strictly independent of the parties to the appeal.

43. STAY OF EXECUTION

43.1   Presentation of a petition of appeal or a petition for leave to appeal does not in itself place a stay of execution on any order appealed from. A party seeking such a stay must apply to the court appealed from, not to the House of Lords. The House cannot stay an interlocutor of the Court of Session⁹⁰.

44. TRANSCRIPTION

44.1   Transcriptions are not made of hearings before the Appellate Committee. Any party may seek permission to arrange for its own transcription of a hearing, by writing to the Head of the Judicial Office. Permission is usually given. The service arranged must be silent. The electronic text of the transcript should be lodged by e-mail at the Judicial Office.

45. WITHDRAWAL OF PETITIONS

Petitions for leave to appeal

45.1   A petition for leave to appeal may be withdrawn by writing to the Head of the Judicial Office, stating that the parties to the petition have agreed how the costs should be settled. The respondents should notify the Judicial Office of their agreement.

Petitions of appeal

45.2   An appeal that has not been set down for hearing may be withdrawn by writing to the Head of the Judicial Office, stating that the parties to the appeal have agreed the costs of the appeal. The nature of the agreement should be indicated. Where appropriate, the letter should also indicate how the money paid into the security fund (if any) should be disposed of. Written notification must also be given to the respondents who must notify the Judicial Office of their agreement to the withdrawal of the appeal and who must confirm that the costs have been agreed.

45.3   An appeal that has been set down for hearing may only be withdrawn by order of the House on petition⁹¹. Such a petition should include submissions on costs and, where appropriate, indicate how the security money should be disposed of. The petition must be submitted for their consent to those respondents who have entered appearance. The petition should be lodged with the prescribed fee.

STATEMENTS TO THE HOUSE

JUDICIAL PRECEDENT

26 July1966—BY THE LORD CHANCELLOR (LORD GARDINER)

   'Before judgments are delivered today, I wish to make the following statement on behalf of myself and the Lords of Appeal in Ordinary:

   "Their Lordships regard the use of precedent as an indispensable foundation upon which to decide what is the law and its application to individual cases. It provides at least some degree of certainty upon which individuals can rely in the conduct of their affairs, as well as a basis for orderly development of legal rules.

   "Their Lordships nevertheless recognise that too rigid adherence to precedent may lead to injustice in a particular case and also unduly restrict the proper development of the law. They propose therefore to modify their present practice and, while treating former decisions of this House as normally binding, to depart from a previous decision when it appears right to do so.

   "In this connection they will bear in mind the danger of disturbing retrospectively the basis on which contracts, settlements of property and fiscal arrangements have been entered into and also the especial need for certainty as to the criminal law.

   "This announcement is not intended to affect the use of precedent elsewhere than in this House." '

____________________________________

PRINCIPLES FOR PARTICIPATION

22 June 2000—BY THE SENIOR LORD OF APPEAL IN ORDINARY

(LORD BINGHAM OF CORNHILL)

   'My Lords, with the leave of the House, before the reports from the Appellate Committees are considered, I should like to make a statement on Recommendation 59 of the Royal Commission on the Reform of the House of Lords That recommendation is that "The Lords of Appeal should set out in writing and publish a statement of the principles which they intend to observe when participating in debates and votes in the second chamber and when considering their eligibility to sit on related cases."

   'I should tell the House that my noble and learned friends have considered this recommendation and have agreed on the terms of a statement to give effect to it. I will now read the statement which has been agreed by all the Lords of Appeal in Ordinary:

General Principles

   "As full members of the House of Lords the Lords of Appeal in Ordinary have a right to participate in the business of the House. However, mindful of their judicial role they consider themselves bound by two general principles when deciding whether to participate in a particular matter, or to vote: first, the Lords of Appeal in Ordinary do not think it appropriate to engage in matters where there is a strong element of party political controversy; and secondly the Lords of Appeal in Ordinary bear in mind that they may render themselves ineligible to sit judicially if they were to express an opinion on a matter which might later be relevant to an appeal to the House.

   "The Lords of Appeal in Ordinary will continue to be guided by these broad principles They stress that it is impossible to frame rules which cover every eventuality. In the end it must be for the judgment of each individual Lord of Appeal to decide how to conduct himself in any particular situation.

Eligibility

   "In deciding who is eligible to sit on an appeal, the Lords of Appeal agree to be guided by the same principles as apply to all judges These principles were restated by the Court of Appeal in the case of Locabail (UK) Ltd v. Bayfield Properties Ltd and others and four other actions [2000 1 All E.R. 65 (CA)]."

   'My Lords, that concludes the statement.'

46. STANDING ORDERS

STANDING ORDER NO. 17 OF THE HOUSE OF LORDS RELATING TO PUBLIC BUSINESS

(1) If, during any adjournment of the House, the Lord Chancellor is satisfied that the public interest requires that the House should meet at a time earlier than that appointed, he may signify that he is so satisfied and notice shall be given and thereupon the House shall meet at the time stated in the notice, as if it had been duly adjourned to that time. (2) If the Lord Chancellor is unable to act for the purposes of this Standing Order, the Chairman of Committees, after consultation with Her Majesty's Government, may act in his stead. (3) Notwithstanding any adjournment of the House, the House may meet for judicial business at a time earlier than that appointed if the Lord Chancellor or, in his absence, the senior Lord of Appeal in Ordinary, is satisfied that it should do so and has signified that he is so satisfied and has given notice to such Lords as he thinks fit.

Recall of the House. 20 May 1970.

STANDING ORDER NO. 87 OF THE HOUSE OF LORDS RELATING TO PUBLIC BUSINESS

(1) For the purposes of its appellate jurisdiction, the House shall have Appellate and Appeal Committees, of which all Lords qualified under the Appellate Jurisdiction Acts 1876 and 1887 shall be members. (2) These Committees shall be: (a) two Appellate Committees, which shall hear any cause or matter referred to them and shall report thereon to the House; (b) two Appeal Committees, which shall consider any Petition or application for leave to appeal that may be referred to them and any matter relating thereto, or to causes depending, or formerly depending, in this House, and shall report thereon to the House. (3) In any criminal matter, or in any matter concerning extradition, an Appeal Committee may take decisions and give directions on behalf of the House. (4) In any Appellate or Appeal Committee the Chair shall be taken by the Lord Chancellor or, in his absence, by the senior Lord of Appeal in Ordinary present, such seniority being determined in accordance with the Commission for the time being appointing Speakers for the purpose of the hearing and determination of Appeals. (5) For the purposes of section 8 of the Appellate Jurisdiction Act 1876, any Appellate Committee may sit and act while Parliament is prorogued.

Appellate and Appeal Committees. 20 May 1970. 28 January 1984.

STANDING ORDERS OF THE HOUSE OF LORDS REGULATING JUDICIAL BUSINESS, MADE IN PURSUANCE OF THE APPELLATE JURISDICTION ACT 1876 AND SUBSEQUENT ENACTMENTS.

   The dates (round bracketed) are those of the original standing orders prior to 1876. The dates [square bracketed] are those of the original standing orders made in pursuance of the Appellate Jurisdiction Act 1876. The dates without brackets are those of subsequent amendments.

(13 December 1661) [14 August 1876] 26 February 1959 25 March 1964	I. ORDERED, that no Petition of Appeal be received by this House unless the same be lodged in the Parliament Office for presentation to the House within the period of three months from the date of the last Order or Interlocutor appealed from.	Time limit for presenting Appeals
[24 October 1935] 3 March 1966 3 December 1969	II. ORDERED, that, in all Appeals from the Court of Appeal, the Court of Appeal in Northern Ireland or the Court of Session in Scotland in which the leave of the House is required under the provisions of any Act of Parliament, a Petition for Leave to Appeal be lodged in the Parliament Office within one month from the date of the last Order or Judgment appealed from, and that such Petition be referred to an Appeal Committee to consider whether such leave should be granted.	Leave to Appeal from the Courts of Appeal
15 December 1969	III. ORDERED, that, in all cases where application is made for leave for an Appeal to be brought direct to the House from the High Court of Justice in England and Wales or from the High Court of Justice in Northern Ireland— (a) a Petition for such leave, together with the certificate granted by the High Court under section 12 of the Administration of Justice Act 1969, be lodged in the Parliament Office within one month from the date of the grant of such certificate or within such extended time as in any particular case the House may allow; (b) any such Petition, and any application for extension of time or other incidental matter, be referred to an Appeal Committee for their consideration and report.	Leave to Appeal from the High Court
(3 March 1697) [14 August 1876] 3 March 1966	IV. ORDERED, that, except in cases where leave to appeal has been granted under the provisions of any Act of Parliament, all Petitions of Appeal be signed, and the reasonableness thereof certified, by two counsel.	Appeals to be signed and certified by counsel
(20 November 1680) [14 August 1876] 7 August 1877 2 June 1959 12 April 1962 27 April 1976 9 March 1977 21 July 1988 26 July 1999	V. (1) ORDERED, that, unless otherwise ordered by the House, in all Appeals the Appellants do give security for costs by paying into the House of Lords Security Fund Account within one week of the presentation of the Appeal such sum as shall be authorised from time to time by the House, to be subject to the Order of the House with regard to the costs of the Appeal. On default by the Appellants in complying with the above conditions, the Appeal to stand dismissed.	Security for costs
15 December 1960 17 December 1991 10 October 2000	(2) ORDERED, that this Standing Order shall not apply (a) to Appellants who have been granted public funding or legal aid, (b) to appellants in Appeals under the Child Abduction and Custody Act 1985, or (c) to a Minister or Government department.	Exemptions
(12 July 1811) [14 August 1876] 26 February 1959 17 December 1991	VI.(1) ORDERED, that the Statement and the Appendix thereto be lodged in the Parliament Office within six weeks from the date of the presentation of the Appeal to the House; and the Appeal be set down for hearing on the first sitting day thereafter; on default by the Appellant, the Appeal to stand dismissed.	Time for lodging Statement
25 March 1964 17 December 1991	(2) ORDERED, that in all Appeals from Scotland the Appellant in the Appendix shall lay before this House a copy of the record as authenticated by the Deputy Principal Clerk of Session or a Clerk of Session delegated by him; together with a supplement containing an account, without argument or statement of other facts, of the further steps which have been taken in the cause since the record was completed, and containing also copies of the Interlocutors or parts of Interlocutors complained of; and each party shall in his Case lay before the House a copy of the case presented by him to the Court of Session, if any such case was presented there, with a short summary of any additional reasons upon which he means to insist; and if there shall have been no case presented to the Court of Session then each party shall set forth in his Case the reasons upon which he founds his argument, as shortly and succinctly as possible.	Scottish appeals
(19 April 1698) 17 December 1991	(3) ORDERED, that the Statement be signed by one or more counsel for each party, who shall have attended as counsel in the Court below, or shall propose attending as counsel at the hearing in this House.	Statement to be signed by counsel
(8 March 1763) [14 August 1876] 17 December 1991	VII. ORDERED, that all Cross-appeals be presented to the House within the period allowed by Standing Order No. VI for lodging the Statement in the original Appeal.	Cross-appeals
[14 August 1876] 17 December 1991	VIII. ORDERED, with regard to Appeals in which the periods under Standing Orders Nos V, VI and VII expire during the parliamentary recess of the House, that such periods be extended to the third sitting day of the next ensuing meeting of the House. Provided that if the House is recalled in pursuance of Public Business Standing Order No. 16 or Proclamation, any day on which the House sits pursuant to such recall is not a sitting day for the purposes of this Standing Order.	Expiry of time during parliamentary recess
[15 December 1960] 3 March 1966 21 July 1988 19 May 1994 10 October 2000	IX. ORDERED, that where a party to an Appeal has applied for public funding or legal aid, and the Clerk of the Parliaments has been informed of that application in writing before the expiration of the periods of time limited by Standing Orders Nos I, II or III, such periods of time shall be extended until one month after the date of the final determination of the application.	Public funding and legal aid
[14 August 1876] 12 August 1884 26 February 1959 17 December 1991	X. ORDERED, that in the event of abatement by death or defect through bankruptcy, an Appeal shall not stand dismissed for default under Standing Orders Nos V or VI, provided that notice of such abatement or defect be given by a letter from the Appellant's Agent addressed to the Clerk of the Parliaments and lodged in the Judicial Office prior to the expiration of the period limited by the Standing Order under which the Appeal would otherwise have stood dismissed.	Abatement or defect
	ORDERED, that all Appeals marked on the Cause List of the House as abated or defective shall stand dismissed unless, within three months from the date of the notice to the Clerk of the Parliaments of abatement or defect, if the House be then sitting, or, if not, then not later than the third sitting day of the next ensuing sittings of the House, a Petition shall be presented to the House for reviving the Appeal or for rendering the same effective.	Revivor etc.
(20 March 1823)	ORDERED, that when an Appeal has abated or become defective after the Cases have been lodged, and it is subsequently revived or rendered effective, a Supplemental Case shall be lodged by the Appellant setting forth the Order or Orders made by the House reviving the Appeal or rendering the same effective. The like rule shall be observed by the Appellant and Respondent respectively, where any person or persons shall, by leave of the House, upon Petition or otherwise, be added as a party or parties to the said Appeal after the Cases in such Appeal shall have been lodged.	Supplemental case
[14 August 1876]	XI. ORDERED, that when any Petition of Appeal shall be presented to this House from any interlocutory Judgment of either division of the Lords of Session in Scotland, the counsel who shall sign the said Petition, or two of the counsel for the party or parties in the Court below, shall sign a certificate or declaration, stating either that leave was given by that division of the judges pronouncing such interlocutory Judgment to the Appellant or Appellants to present such Petition of Appeal or that there was a difference of opinion amongst the judges of the said division pronouncing such interlocutory Judgment.	Certificate of leave or difference of opinion in Scottish appeals
(3 April 1835) [14 August 1876] 7 August 1877 2 June 1959 9 March 1977 27 June 1984	XII. ORDERED, that the Clerk of Parliaments shall appoint such person as he may think fit as Taxing Officer, and in all cases in which this House shall make any order for payment of costs by any party or parties in any cause, the amount thereof to be certified by the Clerk of the Parliaments, the Taxing Officer shall tax the Bill of Costs so ordered to be paid, and ascertain the amount thereof, and report the same to the Clerk of the Parliaments or Clerk Assistant: And it is further Ordered, that the same fees shall be demanded from and paid by the party applying for such taxation for and in respect thereof as are now charged or shall be authorised from time to time by the House; and such fees shall be added at the foot of the said Bill of Costs as taxed. And the Clerk of the Parliaments or Clerk Assistant may give a certificate of such costs, expressing the amount so reported to him as aforesaid, and in his certificate, as well as in the Taxing Officer's report, regard shall be had to any sum that has been paid in to the Security Fund Account of the House, as directed by Standing Order No. V; and the amount in money certified by him in such certificate shall be the sum to be demanded and paid under or by virtue of such order as aforesaid for payment of costs.	Taxation of costs
[10 March 1902] 26 March 1970 27 April 1976 9 March 1977 21 July 1988 17 December 1991 19 May 1994 17 October 1995 10 October 2000	XIII. ORDERED, that fees be taken in this House on the documents specified in the Schedule hereto, that the fees to be charged shall be such as shall be authorised from time to time by the House, and that none of the said documents be issued from or received at the Parliament Office unless it shall have been endorsed with the date of lodgment and the amount of fee paid. If the Clerk of the Parliaments is satisfied that a litigant who has been refused public funding or legal aid would suffer financial hardship by the payment of fees to this House, he shall report the circumstances to the Appeal Committee. The Appeal Committee shall have power to waive, modify or suspend such fees, either wholly or in part, and shall report thereon to the House. SCHEDULE Petition for Leave to Appeal. Interlocutory Petitions referred to an Appeal Committee (including the Report thereon). Petition of Appeal. Notice of Appearance. Waiver of Security for costs. Petition not referred to Appeal Committee. Application to set down for hearing. Petition to withdraw Appeal after setting down.	Fees
23 November 1995	XIV. (1) ORDERED, that the Lord Chancellor or the Lord Speaker may direct that one or more Specialist Advisers shall attend the hearing of any Appeal in which they consider the House would benefit from such attendance. (2) ORDERED, that the parties or either party to an Appeal may apply by letter to the Clerk of the Parliaments requesting, upon grounds stated in the letter, the attendance of Specialist Advisers Such an application shall be referred to and determined by the Lord Chancellor or Lord Speaker. (3) ORDERED, that in any Appeal concerning nautical matters in which the attendance of Specialist Advisers is required, Nautical Assessors may be appointed of whom one shall be an Officer, active or retired, of Her Majesty's Navy, and the other an Elder Brother of the Corporation of Trinity House. (4) ORDERED, that the fees and expenses paid to each Specialist Adviser shall be such as shall have been agreed between the parties and the Advisers and approved by the Lord Chancellor or Lord Speaker, or, failing such agreement, such sum as shall be authorised by the Lord Chancellor or Lord Speaker. (5) ORDERED, that unless the House otherwise directs, the fees referred to in paragraph (4) shall be paid by the party against whom the House awards costs.	Specialist advisers

APPENDIX A: standard forms of key documents

(HL direction 3)

IN THE HOUSE OF LORDS

ON APPEAL FROM HER MAJESTY'S COURT OF APPEAL (CIVIL DIVISION) (ENGLAND) (or relevant court)

Court of Appeal Ref: (eg, B3/2003/0038)

Neutral citation of judgment appealed against: (eg, [2003] EWCA Civ 1575)

BETWEEN

AB (Respondent)

and

CD (Petitioners)

[and]

[(2) EF]

[and]

[(3) GH]

PETITION FOR LEAVE TO APPEAL

TO THE RIGHT HONOURABLE THE HOUSE OF LORDS

THE HUMBLE PETITION OF (set out full name(s) and address(es) of petitioners)

PRAYING FOR LEAVE TO APPEAL SHOWS—

1.   That ........[set out briefly in numbered paragraphs such facts and arguments as may be necessary to enable the Appeal Committee to decide whether leave to appeal should be given].

2.   ..................

3.   ...................etc.

[Note: it is usually appropriate for petitions for leave to appeal to deal with some or all of the following:

1. Narrative of the facts;

2. Statutory framework (if any);

3. Chronology of proceedings;

4. Orders made in the courts below;

5. Issues before Court of Appeal (or court appealed from);

6. Treatment of the issues by Court of Appeal (or court appealed from);

7. Issues in the petition for leave to appeal.]

[At end of numbered paragraphs insert]

YOUR PETITIONER(S) HUMBLY SUBMIT(S) that leave to appeal to Your Lordships' House should be granted for the following among other

REASONS

[list here numbered reasons summarising the arguments]

(1)   .................

(2)   .................

(3)   .............etc.

AND YOUR PETITIONER(S) WILL EVER PRAY

Signed

..................

Signature of petitioner(s) or agent(s) for the petitioner(s)

[Note: for leapfrog petitions (direction 6) the prayer of the petition uses the words:

THE HUMBLE PETITION OF [set out full name(s) and address(es) of petitioners] PRAYING FOR LEAVE FOR AN APPEAL TO BE BROUGHT DIRECT FROM THE HIGH COURT OF JUSTICE IN ACCORDANCE WITH PART II OF THE ADMINISTRATION OF JUSTICE ACT 1969 SHOWS—]

FORM 3

IN THE HOUSE OF LORDS

ON APPEAL FROM HER MAJESTY'S COURT OF APPEAL CIVIL DIVISION (ENGLAND) (or relevant court)]

Court of Appeal Ref: (eg, B3/2004/0039)

Neutral citation of judgment appealed against: (eg, [2004] EWCA Civ 3847)

BETWEEN

AB (Respondent)

and

CD (Petitioners)

[and]

[(2) EF]

[and]

[(3) GH]

PETITION FOR LEAVE TO APPEAL

TO THE RIGHT HONOURABLE THE HOUSE OF LORDS

THE HUMBLE PETITION OF (set out full name(s) and address(es) of petitioners)

PRAYING FOR LEAVE TO APPEAL NOTWITHSTANDING THAT THE TIME LIMITED BY STANDING ORDER NUMBER II HAS EXPIRED SHOWS -

2. That ......(continue as in Form 1, setting out briefly in numbered paragraphs such facts and arguments as may be necessary to enable the Appeal Committee to decide whether to give leave to appeal out of time].

3.   .................

4.   ...................etc.

Note: it is usually appropriate for petitions for leave to appeal to deal with some or all of the following:

1. Narrative of the facts;

2. Statutory framework (if any);

3. Chronology of proceedings;

4. Orders made in the courts below;

5. Issues before Court of Appeal (or court appealed from);

6. Treatment of the issues by Court of Appeal (or court appealed from);

7. Issues in the petition for leave to appeal.

[At end of numbered paragraphs insert]

YOUR PETITIONER(S) HUMBLY SUBMIT(S) that leave to appeal out of time to Your Lordships' House should be granted for the following among other

REASONS

[list here numbered reasons summarising the arguments]

(4)   .................

(5)   .................

(6)   .............etc.

AND YOUR PETITIONER(S) WILL EVER PRAY

Signed

..................

Signature of petitioner or agent(s) for the petitioner

[Use Form 2 for certificate of service to be endorsed on back of last page of petition for leave to appeal out of time]

FORM 4

(HL direction 9)

IN THE HOUSE OF LORDS

ON APPEAL FROM HER MAJESTY'S COURT OF APPEAL (ENGLAND) (or relevant court)

BETWEEN:

AB (Respondents)

and

CD (Appellants)

[and]

[(2) EF]

[and]

[(3) GH]

(in a petition of cross appeal the original respondent lodging the cross appeal is designated as cross-appellant/original respondent and the original appellant is designated as original appellant/cross-respondent)

PETITION OF APPEAL

TO THE RIGHT HONOURABLE THE HOUSE OF LORDS

THE HUMBLE PETITION AND [CROSS-] APPEAL OF (set out the full name(s) and address(es) of the appellant(s)).

YOUR PETITIONER(S) humbly pray(s) that the matter of the Order(s)/Interlocutor(s) set forth in the Schedule hereto [if Order is partly appealed against, insert the words: so far as therein stated to be appealed against] may be reviewed before Her Majesty the Queen, in Her Court of Parliament, and that the said Order(s)/Interlocutor(s) [if Order is partly appealed against, insert the words: so far as aforesaid] may be reversed, varied or altered [if appropriate, insert the words: in accordance with the Human Rights Act 1998], [if specific relief is asked for, it should be so stated, prefaced by the words: and that] or that the petitioner(s) may have such other relief in the premises as to Her Majesty the Queen, in Her Court of Parliament, may seem meet.

[signature(s) of appellant(s) or their agents or counsel, as appropriate].

THE SCHEDULE REFERRED TO ABOVE

FROM HER MAJESTY'S COURT OF APPEAL (CIVIL DIVISION) (ENGLAND) (or relevant court)

In a certain cause [or other matter] wherein (insert name(s)) was/were claimant(s) [or other designation] and (insert name(s)) was/were defendant(s) [or other designation]. (The names of all parties to the action, whether originally in the cause or added by subsequent order, must be given.)

The Order(s)/Interlocutor(s) of (state court) of (date) appealed from is/are in the words following, [add, if appropriate, the words: the portion(s) complained of being underlined]:

(The whole of each Order/Interlocutor, including the recital, must be set out. All and only those parts of the Order/Interlocutor appealed from must be underlined. The recital should not be underlined. Where an Order/Interlocutor includes leave to appeal to the House of Lords, that part should not be underlined. Where leave to appeal has been granted by a subsequent Order of the court, that Order must also be set out but should not be underlined.)

[Where leave to appeal has been granted by order of the House, the following words are added:

And your Lordships gave leave to appeal to your Lordships' House on (date)]

[Where leave to appeal is not required under the provisions of any Act of Parliament (see direction 9.2), the following must be added and signed as indicated:

We humbly conceive this to be a proper case to be heard before your Lordships by way of appeal.]

(signatures and names of two counsel)]

[The special certificate required by HL Standing Order XI in certain Scottish appeals is added here if necessary]

[I or We], [(Messrs) (name), of (address),(agents for)] the [cross-] appellant(s) within-named, hereby certify that on (date) [I or we] served [(Messrs) (name) of (address) (agents for)] (name(s) of [cross-] respondent(s)), the within-named [cross-] respondent(s), with a correct copy of the petition of [cross-] appeal and with notice that the petition would be presented to the House of Lords on behalf of the petitioner(s) as soon as conveniently may be. (signature of petitioner(s) or their agents) (neutral citation of judgment petitioned against) (references to law reports) (indexing catchwords) (head-note summary)

IN THE HOUSE OF LORDS ON APPEAL FROM (name court) BETWEEN: (set out title of cause) __________________________ PETITION OF [CROSS-] APPEAL __________________________ (set out full name, address, telephone number, and reference (if any) of [cross-] appellant(s) or their agents)

IN THE HOUSE OF LORDS

ON APPEAL FROM HER MAJESTY'S COURT OF APPEAL (ENGLAND) (or relevant court))

BETWEEN:

(set out title of appeal)

TO THE RIGHT HONOURABLE THE HOUSE OF LORDS

THE HUMBLE PETITION OF (set out full name(s) of appellant(s)) shows -

That your petitioner(s) presented a petition of appeal on (date) complaining of an Order of the (state court) dated (date).

That the time allowed by Standing Order VI for the appellant(s) to lodge the statement and appendix and to set down the cause for hearing [will expire or originally expired] on (date).

[That the House, pursuant to a petition from the appellant(s), granted an extension of time in which to lodge the statement and the appendix and set down the cause for hearing to (date).]

[That the House, pursuant to a further petition from the appellant(s), granted a second extension of time until (date).]

That the petitioner(s) will be unable to lodge the statement and appendix by the said date for the following reasons:

(set out brief reasons)

THEREFORE YOUR PETITIONER(S) HUMBLY PRAY(S)

That Your Lordships will be pleased to grant an extension of time until (date) to lodge the statement and appendix and set down the cause for hearing.

And your petitioner(s) will ever pray.

                     (signature of appellant(s) or their agents)

[Agents for the] Appellant(s) (set out here

name and address of appellant(s) or their agents)

[I or We] consent to the prayer of the above petition.

(signature of respondent(s) or their agents)

[Agents for the] respondent(s) (set out here

name and address of respondent(s) or their

agents)

IN THE HOUSE OF LORDS

ON APPEAL FROM HER MAJESTY'S COURT OF APPEAL (ENGLAND)

(set out title of first appeal)

AND

(set out title of second, third etc appeals)

TO THE RIGHT HONOURABLE THE HOUSE OF LORDS

THE HUMBLE PETITION OF (set out full name(s) of appellant(s) SHOWS—

   That your petitioner(s) presented [a] petition(s) of appeal on (date) complaining of (an) Order(s) of the (name relevant court below) dated (date).

That your petitioner(s) (name appellant(s) in other appeal(s), if different) presented [a] petition(s) of appeal on (date) complaining of [an] Order(s) of the (name relevant court below) dated (date).

That the same matters of law are raised in each of the appeals [and that the appeals of (name relevant parties) to (name relevant court below) were heard and argued together and one Judgment was delivered in respect of the [two] appeals].

That it is expedient that your petitioners' said appeals be [consolidated or conjoined].

YOUR PETITIONERS THEREFORE HUMBLY PRAY

[Consolidation:

   That the said appeals may be consolidated and that they be allowed to lodge one statement, one case and one appendix and be jointly represented in respect of the (insert relevant number) appeals and that the respondents have leave to lodge one case in respect of the appeals.]

[Conjoinder:

   That the said appeals may be conjoined and that they be allowed to lodge separate statements and cases and one appendix in respect of the (insert relevant number) appeals and that the respondents have leave to lodge separate cases in respect of the appeals and be separately represented or that such other Order may be made with a view to the convenient conduct of the said appeals as to your Lordships may seem meet (or such variation as is required).]

And your petitioner(s) will ever pray.

               (signature of appellant(s) to first appeal or their agents)

[Agents for the] Appellant(s) (set out here name and address of appellant(s) or their agents)

(signature of appellant(s) to other appeal(s) or their agents)

[Agents for the] Appellant(s)/co-petitioners (set out here name and address of appellant(s)/co-petitioners or their agents)

[I or We] consent to the prayer of the above petition.

                            (signature of respondent(s)to first appeal or their agents)

[Agents for the] Respondent(s) to first appeal (set out here name and address of respondent(s) or their agents)

(signature of respondent(s) to other appeal(s) or their agents)

[Agents for the] Respondent(s) to other appeal(s) (set out here name and address of respondent(s) or their agents)

               etc

FORM 8

PETITION for leave to intervene

(HL direction 37)

IN THE HOUSE OF LORDS

ON APPEAL FROM HER MAJESTY'S COURT OF APPEAL (ENGLAND) (or relevant court))

BETWEEN:

(set out title of appeal)

TO THE RIGHT HONOURABLE THE HOUSE OF LORDS

THE HUMBLE PETITION OF (set out full name(s) of prospective intervener(s)) PRAYING FOR LEAVE TO INTERVENE SHOWS—

1. That on (date) (set out full name(s) of appellant(s)) presented a petition of appeal to your Lordships' House, complaining of an Order of the (state court) dated (date).

2. That your petitioner(s) seek(s) your Lordships' leave to present written [add, if appropriate, the words: and oral] submissions in intervention in the said appeal.

3. That (set out briefly in numbered paragraphs such facts and arguments as may be necessary to enable the Appeal Committee to report to the House whether leave to intervene should be granted).

YOUR PETITIONER(S) HUMBLY SUBMIT(S) that leave to intervene in the said appeal should be granted for the following among other

REASONS

(give numbered reasons summarising the arguments)

And your petitioner(s) will ever pray.

(signature of petitioner(s) or their agents)

[Agents for the] Petitioner(s) (set out here

name and address of petitioner(s) or their

agents)

[I or We] consent to the prayer of the above petition.

(signature of appellant(s) or their agents)

[Agents for the] Appellant(s) (set out here

name and address of appellant(s) or their

agents)

[I or We] consent to the prayer of the above petition.

(signature of respondent(s) or their agents)

[Agents for the] Respondent(s) (set out here

name and address of respondent(s) or their

agents)

[I or We], [(Messrs) (name), of (address),(agents for)] the petitioner(s) within-named, hereby certify that on (date) [I or we] served [(Messrs) (name) of (address) (agents for)] (name(s) of appellant(s)), the within-named appellant(s),and [if different date, insert the words: on (date)] [(Messrs) (name) of (address) (agents for)] (name(s) of respondent(s)), the within-named respondent(s),with a correct copy of the petition for leave to intervene and with notice that the petition would be presented to the House of Lords on behalf of the petitioner(s) as soon as conveniently may be. (signature of petitioner(s) or their agents)

IN THE HOUSE OF LORDS ON APPEAL FROM (name court) BETWEEN: (set out title of cause) _____________________________ PETITION FOR LEAVE TO INTERVENE _____________________________ (set out full name, address, telephone number, and reference (if any) of petitioner(s) or their agents)

IN THE HOUSE OF LORDS

ON APPEAL FROM HER MAJESTY'S COURT OF APPEAL (ENGLAND)

BETWEEN:                     AB (Appellant(s))

                                           and

                   CD (Respondent(s))

TO THE RIGHT HONOURABLE THE HOUSE OF LORDS

THE HUMBLE PETITION OF AB SHOWS -

That your petitioner(s) presented a Petition of Appeal on (date) complaining of an Order of the [Court of Appeal or relevant court] dated (date).

That the time allowed by Standing Order VI for the appellant(s) to lodge the Statement of facts and issues and the Appendix and to set down the cause for hearing expired on the (date).

That your petitioner(s) has/have been unable to lodge their Statement and the Appendix by the said date for the following reasons:

(set out reasons).

YOUR PETITIONER(S) THEREFORE HUMBLY PRAY(S) that your Lordships will be pleased to order that their appeal be restored and to grant them an extension of time until (date) to lodge the Statement and the Appendix and to set down the cause for hearing.

And your petitioner(s) will ever pray.

                     (signature of appellant(s) or their agents)

[Agents for the] Appellant(s) (set out here

name and address of appellant(s) or their agents)

[I or We] consent to the prayer of the above petition.

(signature of respondent(s) or their agents)

[Agents for the] respondent(s) (set out

here name and address of respondent(s)

or their agents)

We consent to the prayer of the above petition.

(date)

Dear Sirs,

AB v CD

[I or We], [as agents for] the Respondent(s) in the above appeal, consent to the appellant(s) being allowed to prosecute the appeal without giving the security for costs required by Standing Order V(1) regulating judicial business.

IN THE HOUSE OF LORDS

ON APPEAL FROM HER MAJESTY'S COURT OF APPEAL (ENGLAND) (or relevant court)

BETWEEN:                        AB   Appellant(s)

                           and

                                           CD   Respondent(s)

The appellant(s) having lodged a Statement of facts and issues and the Appendix thereto pursuant to order of the House,

My Lords,

Please to move, That this cause be set down for hearing after those causes already appointed.

               (signature of appellant(s) or their agents)

                                  Appellant/Agents for the appellant

               (set out name and address of appellant(s) or their agent)

FORM 14

IN THE HOUSE OF LORDS

ON APPEAL FROM HER MAJESTY'S COURT OF APPEAL (ENGLAND) (or relevant court)

BETWEEN:

Sticker on spine: [Set out short title of cause] BV 1

(set out title of appeal) BOUND VOLUME 1 (The bound volume is only numbered if there is more than one volume) PETITION OF APPEAL [PETITION OF CROSS-APPEAL] STATEMENT OF FACTS AND ISSUES CASE FOR THE APPELLANTS CASE FOR THE RESPONDENTS APPENDIX - PART 1 LIST OF AUTHORITIES (The above list is amended as appropriate)

(Name and address of agents for appellant(s))

(Name and address of agents for respondent(s))

FORM 14A

IN THE HOUSE OF LORDS

ON APPEAL FROM HER MAJESTY'S COURT OF APPEAL (ENGLAND) (or relevant court))

BETWEEN:

Sticker on spine: [Set out short title of cause] APX 1

(set out title of appeal) APPENDIX PART 1 (The appendix is only numbered if there is more than one volume)

(Name and address of agents for appellant(s))

(Name and address of agents for respondent(s))

IN THE HOUSE OF LORDS

ON APPEAL FROM HER MAJESTY'S COURT OF APPEAL (ENGLAND) (or relevant court))

BETWEEN:

Sticker on spine: [Set out short title of cause] A 1

(set out title of appeal)       AUTHORITIES VOLUME 1 (The authorities volume is only numbered if there is more than one volume)

(Name and address of agents for appellant(s))

(Name and address of agents for respondent(s))

IN THE HOUSE OF LORDS

ON APPEAL FROM HER MAJESTY'S COURT OF APPEAL (ENGLAND)

BETWEEN:            AB   Appellant(s)

                  and

                               CD   Respondent(s)

TO THE RIGHT HONOURABLE THE HOUSE OF LORDS

THE HUMBLE PETITION OF the Appellant(s) shows -

That your petitioner(s) presented a Petition of Appeal on (date) complaining of an Order of the Court of Appeal (or relevant court) dated (date).

That as security for the costs of their appeal your petitioner(s) paid [£25,000] into the Security Fund Account.

That your petitioner'(s)(s') appeal was set down for hearing before your Lordships' House on (date).

That your petitioner(s) and the respondent(s) have agreed to terms of settlement of all matters in dispute between them, as follows:

1. That your petitioner(s) and the respondent(s) should join in making an application to your Lordships' House for leave that your petitioner'(s)(s') appeal might be withdrawn; and

2. That (set out terms of agreement).

YOUR PETITIONER(S) THEREFORE HUMBLY PRAY(S) that your Lordships will be pleased to order that:

(1) your petitioner'(s)(s') appeal be withdrawn;

(2) (state costs order sought, to dispose of appeal)

And your petitioner(s) will ever pray.

                           (signature)

                           Agents for the appellant(s)

APPENDIX B

(see direction 17.7)

The House of Lords Library keeps the following authorities:

All England Reports

Anglo American Law Review

British Yearbook of International Law

Cambrian Law Review

Cambridge Law Journal

Canadian Rights Reporter

Common Market Law Reports

Common Market Law Review

Cox's Criminal Law Cases (1843-49)

Criminal Appeal Reports

Criminal Appeal Reports (Sentencing)

Criminal Law Forum

Criminal Law Review

Crown Office Digest

English Reports

Estates Gazette Law Reports (1985- )

European Court Reports

European Human Rights Reports

European Law Digest

European Law Review

European Public Law

Family Law Reports

Financial Law Reports

Fleet Street Reports

Halsbury's Laws and Statutes

Housing Law Reports

Human Rights Law Journal

Immigration Appeal Reports

Industrial Cases Reports

Industrial Law Journal

Industrial Relations Law Reports

Industrial Tribunal Reports (1971-78)

International and Comparative Law Quarterly

International Litigation Procedure

Irish Jurist (1848-1866, 1935-1965)

Irish Jurist Reports

Irish Law Reports

Journal of Legal History

Journal of Legislative Studies

Journal of Planning and Environment Law

Journal of Social Welfare Law

Jurist - Reports of Cases in Law and Equity (1837-1866)

Justice of the Peace Reports

Law Journal Reports

Law Quarterly Review

Law Reports (1866- )

Law Times Reports

Legislative Studies Quarterly

Lloyd's Law Reports

Local Government Review Reports

Modern Law Review

New Law Journal

Northern Ireland Law Reports

Northern Ireland Legal Quarterly (Vol 34 (1983)- )

Northern Ireland Statutes

Oxford Journal of Legal Studies

Planning and Compensation Reports (1963-67)

Property and Compensation Reports (1968- )

Public Law (British Journal of Administrative Law)

Reports of Patent Cases

Road Traffic Reports

Rydes Rating Cases (1956-1979)

Scots Law Times

Scottish Civil Law Reports

Scottish Criminal Case Reports (1983- )

Scottish Jurist (1829-1873)

Scottish Law Reporter (1865-1924)

Scottish Planning Law and Practice

Session Cases

Simons Tax Cases (1981- )

Solicitors Journal

Statute Law Review

Statutes

Tax Cases

Times Law Reports

Weekly Law Reports

Weekly Notes (1866-1952)

Weekly Reporter (1852-1906)

APPENDIX C

JUDICIAL FEES

   The following fees are payable at the time of lodgment or collection of documents:

Petitions for leave to appeal - mandatory fees

Presentation                           £570

Entering appearance                     £115

Petitions of appeal - mandatory fees

Presentation (following successful petition for leave to appeal)   £570

Presentation (not following petition for leave)            £1,140

Entering appearance                     £230

Lodging Statement and Appendix and setting down         £3,420

Petitions of appeal - occasional fees

Waiver of security                        £115

First petition for extension of time               £230

Second petition for extension                  £340

Third petition for extension                  £570

Fourth or subsequent petition for extension            £1,000

Petition for leave to intervene                  £570

Other interlocutory petition, if agreed               £230

Any interlocutory petition, if opposed               £570

Appeal Committee Order or other certified document

(except Judgment Order, for which there is no fee)         £12

In respect of a joint petition, only one fee is payable. Fees for presenting petitions in respect of a cross-appeal are the same as fees for petitions in respect of an appeal.

(27th July 2000⁹²)

Drafts and cheques for judicial fees are payable to 'House of Lords Account'.

TAXING FEES

   The fees payable upon the sums allowed by the Taxing Officer are as follows:

(a)   where the amount allowed does not exceed £500, a flat rate of £50;

(b)   where the amount allowed exceeds £500, for every £1 or fraction of £1, an amount of 5p.

The fees payable on the withdrawal of a bill of costs (subject to written confirmation of the withdrawal from both parties to the taxation) are as follows:

(a)   in respect of bills withdrawn within 21 days of the date appointed for taxation, 1 per cent. of the agreed sum or £50, whichever is the larger;

(b)   in respect of bills withdrawn within 7 days of the date appointed for taxation, 2 per cent. of the agreed sum or £50, whichever is the larger.

(27th July 2000⁹³)

Drafts and cheques for taxing fees are payable to 'House of Lords Account'.

SECURITY MONEY

   Security for costs, to be paid by the appellant(s)        £25,000

(27th July 2000⁹⁴)

Drafts and cheques for security money are payable to

'House of Lords Security Fund Account'.

APPENDIX D

The practice directions of the House of Lords are continuously revised and improved. This edition includes many small changes to which special attention does not need to be drawn. Such changes are intended to make the practice directions less minutely prescriptive as to the form of documents etc lodged in respect of appeals. The direction numbers remain the same, except that:

directions 1.18 - 1.20 are new, and old directions 1.18-1.20 are renumbered 1.21 - 1.23

old direction 2.4 (which dealt with applications for permission to appeal out of time) is omitted and old direction 2.5 is renumbered 2.4

direction 37 has been revised, with consequential internal renumbering

The following directions contain significant changes from the previous edition (January 2006):

directions 1.7 - 1.11 (which clarify the procedures for appeals from Scotland and set out more clearly when leave to appeal is and is not required. Direction 1.9 makes it clear that it must be Scottish counsel who certify the reasonableness of any appeal from Scotland.)

directions 1.14 - 1.16 (which establish simplified procedures for dealing with applications for permission to appeal)

direction 1.18 (which is new and deals with applications for permission to appeal to the House after a refusal by the Court of Appeal to reopen an appeal or application to it under Taylor v Lawrence)

directions 1.19 - 1.20 (which are new and deal with applications for permission to appeal to the House when permission to apply for judicial review is refused by a court below)

directions 3.16 - 3.17 (which simplify the procedures for seeking waivers of fees. The requirement that a petitioner must first seek public funding before applying for a waiver is dropped.)

direction 3.21 (which acknowledges the right of the competition authorities in EU member states to intervene in applications by other persons for permission to appeal)

direction 4.7 (which clarifies the criteria used by the Appeal Committee in deciding applications for leave to appeal)

directions 4.10 and 4.14 (which clarify the procedures under which respondents may make written submissions to Appeal Committees)

directions 4.25 - 4.28 (which are new and establish procedures for dealing with applications for leave to appeal, and any subsequent appeal, in proceedings arising out of the Hague Convention and the revised Brussels II regulation)

direction 19.1 and 19.4 - 19.5 (which simplify the procedures for making submissions on costs)

directions 20 (which set out revised procedures and timetables whereby counsel obtain judgments in advance of their delivery in the House)

direction 37.1 (which acknowledges the right of the competition authorities in EU member states to intervene in appeals)

direction 41 (which simplifies the procedures governing time limits in publicly funded appeals)