12.1  It is the appellants' responsibility, in consultation with the respondents, to prepare and lodge an Appendix of documents considered necessary for the appeal. These documents include all the documents used in evidence or recording proceedings in the courts below.

12.2  The appellants bear the cost of preparing the Appendix, although these costs are ultimately subject to the decision of the House as to the costs of the appeal.

Contents of Appendix

12.3  The Appendix contains only documents or extracts from documents that are necessary to support and understand the argument when the appeal is heard by the Appellate Committee. No document which was not used in evidence or does not record proceedings relevant to the action in the courts below may be included. Transcripts of arguments in the courts below may not be included unless remarks by a judge are relied on by any party or the arguments refer to facts which are admitted by all parties and as to which no evidence was called.

12.4  The Appendix consists of one or more parts. Part 1 must contain:

(a)  formal originating documents;

(b)  case stated (if any);

(c)  judgments and orders relating to the decisions at first instance and on appeal;

(d)  relevant legislative provisions including delegated legislation; and

(e)  any relevant document on which the action is founded (such as a will, contract, map, plan etc.) or an extract from such document.

12.5  For judgments that have been published, unbound parts of the relevant Law Reports or the Weekly Law Reports should be used if available; otherwise the All England Reports, Tax Cases, Simons' Tax Cases, Reports of Patent Cases and Lloyd's List Reports may be used. In Scottish appeals, Session Cases should be used where available; otherwise, Scots Law Times and Scottish Civil Case Reports may be used. Where, at the time of preparation of the Appendix, a judgment of a court below has not been published, a transcript must be included, which may later be replaced by the published version. In such circumstances, 15 copies of the published version should be submitted to the Judicial Office. Judgments in draft are not accepted. If the printed Act or set of Regulations is conveniently small, it should be used; if the provisions are bulky or numerous, the relevant provisions should be copied. Halsbury's Statutes may be used.

12.6  Other documents should be included in Part 2 of the Appendix and, if the bulk of the documents makes it necessary, in Parts 3, 4 etc. The Appendix volume should only be numbered Part 1 if there is more than one Part.

Form of Appendix

12.7  The Appendix takes the following form:

(a)  it must be A4 size bound with a plastic comb binding and blue card covers (blue indicating a civil appeal);

(b)  documents must be printed on both sides of the paper;

(c)  documents must be numbered;

(d)  original documents under the size of A4 may be enlarged to A4 size with a broad outside margin;

(e)  if the Appendix has more than one Part, each Part must contain a list of its contents;

(f)  documents of an unsuitable size or form for binding (for example, booklets or charts) should be included in a pocket attached to the inside back cover of the appropriate Appendix volume;

(g)  no tabs should be included in the Appendix.

Examination of Appendix

12.8  The Appendix is for the use of all parties and the contents of the Appendix must be agreed by appellants and respondents. Disputed documents (see direction 12.9) should not be included in the Appendix. As soon as proofs of the Appendix are available they should be examined against the originals by all parties, if possible at one joint examination. As soon as practicable after the examination, a final proof of the Appendix should be provided to each party.

Documents in readiness at hearing

12.9  Disputed documents and any document not included in the Appendix which may be required at the hearing should be held in readiness and, subject to leave being given by the Appellate Committee, may be introduced at an appropriate moment. Fifteen copies are required. All such documents are subject to previous examination by the other parties. Where the appellants refuse to include in the Appendix any documents that the respondents consider necessary, the respondents must prepare and reproduce the documents at their own expense, subject to the final order on costs.

Scottish Record

12.10  In all Scottish appeals, appellants are required to include in Part 1 of the Appendix:

(a) a copy of the Record as authenticated by the Deputy Principal Clerk of Session or a Clerk of Session delegated by him;

(b) a supplement containing an account, without argument or statement of other facts, of the further steps which have been taken in the appeal since the Record was completed; and

(c) copies of the interlocutors (or parts of interlocutors) complained of[54].