Time limits

13.1  The Statement and Appendix must be lodged by the appellants within six weeks of the presentation of the appeal, or within such longer period as may be allowed on petition (see direction 13.3)[55].

13.2  If this time limit expires during a parliamentary recess, it is automatically extended to the third next sitting day of the House of Lords[56]; and if any party has applied for public funding/legal aid, the time limit is automatically extended to one month after the notification of the result of the funding decision, provided that the Judicial Office has been informed of the application[57].

Petitions for extension of time—first extension

13.3  Appellants who are unable to complete preparation of the Statement and Appendix within the initial six weeks' period may apply by petition for an extension of that time[58]. The petition takes the form common to all formal documents of the House. It should explain briefly the reason(s) why an extension is needed. Application may be made for an extension of up to six weeks from the original expiry date, and the petition must specify the date to which the extension is requested. If that date seems likely to fall in a parliamentary recess, the petition may request extension until '[specify date] or the third sitting day of the next ensuing meeting of the House'[59].

13.4  A petition for extension of time must be signed by the appellants. It must be submitted to those respondents who have entered appearance for the endorsement of their consent, and it must bear their signature. One master of the petition plus one copy and the prescribed fee must be lodged before the expiry of the six weeks initially allowed for lodging the Statement and Appendix.

Petitions for extension of time—second and subsequent extensions

13.5  Up to three extensions of time are granted, provided that they do not prejudice the preparation for the hearing or its proposed date. A petition for a fourth extension of time, and any subsequent petitions, may, at the discretion of the Head of the Judicial Office, be referred to an Appeal Committee.

Respondents' consent

13.6  Respondents are expected not to withhold unreasonably their consent to a petition for extension of time. If consent is refused, the petition must be endorsed with a certificate that it has been served on the respondents. The petition is then referred to an Appeal Committee. In that event, eight copies of the petition must be lodged, together with the prescribed fee.

Lodgment

13.7  When the Statement and Appendix are ready, one master plus seven copies of the Statement, eight copies of Part 1 of the Appendix and 15 copies of Parts 2 etc. (if any) must be lodged at the Judicial Office with the prescribed fee. The appellants must at the same time apply to set down the appeal for hearing.

56   Standing Order VIII. Back

57   See direction 41.3-41.4. Back

58   For style see Appendix A, Form 6. Back

59   As the "third sitting day" depends on future sittings of the House, the date of expiry is not fixed. The appellants should contact the Judicial Office from time to time to discover how sittings of the House affect this date. Back