House of Lords - Practice Directions and Standing Orders Applicable to Civil Appeals

Practice Directions and Standing Orders Applicable to Civil Appeals Contents

PART III - OTHER DIRECTIONS APPLICABLE TO CIVIL APPEALS

28.1 If a party to an appeal is adjudicated bankrupt, their agent must give immediate notice in writing to the other parties and to the Judicial Office, who must also be provided with a certified copy of the bankruptcy order (Standing Order X). The bankrupt party must lodge a petition to render the appeal effective and the appeal cannot proceed until the petition has been agreed to by the House.

28.2 A petition to render the appeal effective must be lodged within three months of the date of the notice.

28.3 The form of petition and the procedure for any supplemental case follows that for abatement by death[67].

29. CONSOLIDATION AND CONJOINDER

29.1 Where the issues in two or more appeals are similar, it may be appropriate for them to be consolidated or conjoined.

29.2 Consolidation results in the appeals being conducted as a single cause with one set of counsel and one case only on each side and with a single Appendix of documents.

29.3 Conjoinder is a looser linking of two or more appeals, and a number of variations is possible. Common forms of conjoinder are where: the appellants lodge separate cases with a separate junior for each appellant but a single leader; or the appellants lodge a single case with a single set of counsel but the respondents lodge separate cases and are separately represented.

29.4 The Judicial Office should be consulted on whether consolidation or some form of conjoinder is likely to be appropriate. A principal consideration should be to avoid wherever possible separate representation by counsel, or any duplication in the submissions made or in documents produced for the hearing.

29.5 Applications to consolidate or to conjoin appeals are made by petition[68]. The petition must be signed by the agents for all petitioners and must be submitted to the agents for all the other parties who have entered appearance for the endorsement of their consent. If consent is refused, the petition must be endorsed with a certificate that it has been served on the agents in question.

29.6 If all parties consent to or join in the petition, one master plus one copy of the petition should be lodged, together with the prescribed fee.

29.7 If any party refuses their consent, one master plus five copies of the petition should be lodged, together with the prescribed fee. The petition is then referred to an Appeal Committee and may be determined after a hearing.

30. CROSS-APPEALS

30.1 The presentation of an appeal does not entitle a respondent to an appeal to present a cross-appeal. Leave to appeal is required. The respondents must first apply to the Court of Appeal for leave to cross-appeal and, if leave is refused, then to apply to the House.

30.2 For security of costs and cross-appeals, see direction 10.5.

30.3 A petition for leave to cross-appeal may only be lodged after leave to appeal has been granted to the original petitioner for leave to appeal. One master petition for leave to cross-appeal plus five copies must be lodged. If leave to cross-appeal is granted, the petition of cross-appeal must be lodged with the prescribed fee within six weeks of the presentation of the original appeal[69]. A cross-appeal may be presented out of time in accordance with direction 7.3. In a petition of cross-appeal, the original respondent in the House of Lords is designated the original-respondent/cross-appellant and the original appellant is designated the original-appellant/cross-respondent. One master plus seven copies of the petition of cross-appeal must be lodged.

30.4 Argument in respect of a cross-appeal must be included by each party in their case in the original appeal. Such an inclusive case must clearly state that it is lodged in respect of both the original and cross-appeals.

30.5 In a cross-appeal, the cases on the original appeal must be lodged in accordance with direction 15.13, i.e. five weeks before the hearing. The cross-appellants' case for the cross-appeal must be lodged in accordance with direction 15.14, i.e. three weeks before the hearing as part of their reply to the original appellants' case. The original appellants/cross-respondents may reply to the case for the cross-appeal in their case lodged in the bound volumes.

30.6 There is only one Appendix for the original appeal and cross-appeal, and documents in respect of the appeal and cross-appeal must be included in the same Appendix. The original-appellants/cross-respondents are responsible for lodging the Statement and Appendix and setting the appeal and cross-appeal down for hearing (including payment of the fee).

31. DEATH OF A PARTY

31.1 If a party to an appeal dies before the hearing, the appeal abates from the date of death (Standing Order X). Immediate notice of the death must be given in writing to the Judicial Office and to the other parties. The addition of a new party to represent the deceased person's interest cannot proceed until a petition for reviving the appeal has been agreed to by the House.

31.2 The petition for revivor must be lodged with the prescribed fee within three months of the date of notice of death[70]. It must be accompanied by an affidavit explaining the circumstances in which it is being lodged. It must be endorsed with a certificate of service on the respondents.

31.3 If abatement takes place after the case for the deceased person has been lodged but before the appeal has been heard, the appellants must lodge a supplemental case setting out the orders of the House on reviving the appeal and information about the newly-added parties.

32. DISPUTE BETWEEN PARTIES SETTLED

32.1 It is the duty of counsel and solicitors in any pending appeal, if an event occurs which arguably disposes of the dispute between the parties, either to ensure that the appeal is withdrawn by consent or, if there is no agreement on that course, to bring the facts promptly to the attention of the House and to seek directions.

33. EUROPEAN CONVENTION ON HUMAN RIGHTS

Appeals notified under direction 9.11(a), (b) or (c)

33.1 Where an appeal involves a point notified under direction 9.11, the petition of appeal must include the words 'in accordance with the Human Rights Act 1998' at the appropriate place in the prayer of the petition[71]. Details of the Convention right[72] which it is alleged has been infringed and of the infringement must be set out in the Statement of facts and issues and dealt with in a separate paragraph of the cases of all parties to the appeal.

Appeals notified under direction 9.11(a)

33.2 The Crown has the right to be joined as a party in any appeal where the House is considering whether to declare that a provision of primary or subordinate legislation is incompatible with a Convention right[73]. In any appeal where the House is considering, or is being asked to consider, whether to make, uphold or reverse such a declaration, whether or not the Crown[74] is already a party to the appeal, the Head of the Judicial Office notifies the appropriate Law Officer(s)[75].

33.3 Where such an issue is raised in respect of a judicial act[76], the Head of the Judicial Office notifies the Crown through the Treasury Solicitor as agent for the Lord Chancellor[77].

33.4 The person notified under direction 33.2 or 33.3 must within 21 days of receiving such notice, or such extended period as the Head of the Judicial Office may allow, serve on the parties and lodge at the Judicial Office a notice stating whether or not the Crown intends to intervene in the appeal; and the identity of the Minister or other person who is to be joined as a party to the appeal[78].

33.5 If a Minister or other person has already 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 required for the continued intervention of the Crown.

33.6 Once joined to the appeal, the case for the Minister or other person must be lodged in accordance with direction 15.

33.7 The House may order the postponement or adjournment of the hearing of the appeal for the purpose of giving effect to the provisions of this direction or the requirements of the Act.

Appeals notified under direction 9.11(b) or (c)

33.8 Except as prescribed in direction 33.1, no special steps are required for appeals notified under direction 9.11(b) or 9.11(c).

67 Standing Order X; direction 31. For style of petition, adapt Appendix A, Form 8. Back

68 For style, see Appendix A, Form 7. Back

69 Standing Order VII. For style of petition, see Appendix A, Form 4. Back

70 Standing Order X. For style of petition, adapt Appendix A, Form 8. Back

71 See Appendix A, Form 4. Back

72 See Human Rights Act 1998, which gives further effect in domestic law to much of the Convention for the Protection of Human Rights and Fundamental Freedoms agreed by the Council of Europe at Rome on 4 November 1950. Back

73 Human Rights Act 1998 ss 4, 5. Back

74 Through a Minister, governmental body or other person defined in Human Rights Act 1998 s 5(2). Back

75 The Head of the Judicial Office notifies:

(i) in appeals from England, the Attorney-General;