2 The orders are made pursuant to the Appellate Jurisdiction Act 1876 s 11. [Back]
3 Administration of Justice (Appeals) Act 1934 s 1(1); Judicature (Northern Ireland) Act 1978 s 42. [Back]
4 This does not apply to applications for leave to cross-appeal where an Appeal Committee has given leave to appeal in the original appeal: direction 30.1. [Back]
5 For form of petition, see Appendix A, Form 1. [Back]
6 Court of Session Act 1988 s 40(1)(a). The right of appeal may however be restricted or excluded by statute e.g. Transport Act 1985 s 117, Sch 4, para 14(1). [Back]
7 For the purposes of Standing Order IV the word "counsel" includes any enrolled solicitor having a right of audience in the House of Lords. [Back]
8 Court of Session Act 1988 s 40(1)(a). [Back]
9 Court of Session Act 1988 s 40(1)(b). [Back]
10 e.g. Aircraft and Shipbuilding Act 1977 s 9; Tribunals and Inquiries Act 1992 s 11. [Back]
11 Standing Order IV. [Back]
12 Administration of Justice Act 1969 ss 12-15. [Back]
13 Or, in Northern Ireland, under Judicature (Northern Ireland) Act 1978 s 44. Appeals involving criminal contempt of court are subject to the Practice directions applicable to Criminal Appeals (October 2007 ed). [Back]
14 See the decisions of the House in Lane v. Esdaile [1891] AC 10; and R v. Secretary of State for Trade and Industry ex parte Eastaway [2000] 1WLR 2222; Access to Justice Act 1999 s 54 and Part 52 Civil Procedure Rules (as amended). Section 54 of the Access to Justice Act 1999 does not extend to Northern Ireland and the Civil Procedure Rules do not apply there, but otherwise direction 1.14(a) and the rule in Lane v Esdaile apply to Northern Ireland. No appeal lies to the House from incidental decisions of the Court of Appeal which may be called into question by rules of court: Supreme Court Act 1981 s 58 (as amended by Access to Justice Act 1999 s 60). [Back]
15 County Courts Act 1934 s 82. [Back]
16 Representation of the People Act 1983 s 157(1). [Back]
17 [2002] EWCA Civ 90. [Back]
18 Civil Procedure Rules, r 52.17. [Back]
19 The House's decision in R v Secretary of State for Trade and Industry, ex parte Eastaway [2000] 1 WLR 2222 applying the principle in Lane v Esdaile [1891] AC 10. [Back]
20 The House's decision in R v Hammersmith and Fulham LBC, ex parte Burkett [2002] 1WLR 1593. [Back]
21 For style see Appendix A, Form 3. [Back]
22 Administration of Justice Act 1960 s 13 (as amended). [Back]
23 For style see Appendix A, Forms 1, 2. [Back]
24 For style see Appendix A, Form 2. [Back]
25 SI 2004 No 3121. [Back]
26 For interventions in appeals, see direction 37. [Back]
27 If the judgment has been published in a report which is ordinarily received in court, copies of the report may be lodged in lieu of transcripts. Transcripts of judgments marked "in draft" are not accepted without certification by the relevant court that the copy is the final version of the judgment. [Back]
28 Or, in the case of a County Court, of the Judge's Notes. [Back]
29 See also directions 34.2 and 34.3 for practice where a point of European Community law is raised on a petition for leave to appeal. [Back]
30 See Appeal Committee, 38th Report (2002-03): Petitions for leave to appeal: reasons for the refusal of leave (HL Paper 89). [Back]
31 Ceredigion County Council v Jones and others [2007] UKHL 24. [Back]
32 I.e the record of the Houses's proceedings. [Back]
33 Council Regulation (EC) No 2201/2003. [Back]
34 See Practice directions applicable to judicial taxations in the House of Lords and forms of bills of costs, available from the Judicial Office and at www.parliament.uk. [Back]
35 Ibid. [Back]
36 Also pursuant to r 5(2) Community Legal Service (Cost Protection) Regulations 2000 and in accordance with the procedural requirements of rr 9, 10 Community Legal Service (Costs) Regulations 2000 (as amended); or Legal Aid Act 1988 s 18; or in Scotland pursuant to Legal Aid (Scotland) Act 1986 s 19; or in Northern Ireland pursuant to Legal Aid Advice and Assistance (N.I.) Order 1981 Article 16. [Back]
37 Administration of Justice Act 1969 ss 12-15. [Back]
38 Administration of Justice Act 1969 s 12(3)(a). [Back]
39 Administration of Justice Act 1969 s 12(3)(b). [Back]
40 For applications to extend time see direction 6.14. [Back]
41 Administration of Justice Act 1969 s 13(1). [Back]
42 If the judgment has been published in a report which is ordinarily received in court, copies of the report may be lodged in lieu of transcripts. Transcripts of judgments marked as in draft are not acceptable without certification by the relevant court that the copy is the final version of the judgment. [Back]
43 Ceredigion County Council v Jones and others [2007] UKHL 24. [Back]
44 See n 1 on p 7 above. [Back]
45 Administration of Justice Act 1969 ss 1, 15(3); Judicature (Northern Ireland) Act 1978, s 45(3). [Back]
46 Standing Order I. The court below may reduce but may not extend the three month period. For extensions of time in publicly funded/legal aid cases, see directions 41.3-41.4. [Back]
47 Adapt Appendix A, Form 4 using Form 3 as a model, and stating that the time limited by Standing Order I has expired. [Back]
48 See Appendix A, Form 4 for style of petition, and direction 24 for preparation of documents. [Back]
49 Standing Order IV. In such cases, counsel's signatures are required even if the appellants propose to conduct the appeal in person. For the purposes of the Standing Order, "counsel" includes any solicitor who has obtained a Higher Courts Qualification in respect of civil proceedings. [Back]
50 See Standing Order XI. [Back]
51 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]
52 For style see Appendix A, Form 5. [Back]
53 The record of the Houses's proceedings. [Back]
54 Standing Order V(1). The sum fixed is stated in Appendix C. [Back]
55 Standing Order V(2). [Back]
56 See speech of the Lord Chancellor, the Lord Irvine of Lairg, HL Deb 26 July 1999, col 1292. [Back]
57 Standing Order VI(2). [Back]
58 Standing Order VI(1). For extensions of time in publicly funded/legally aided cases, see direction 41. [Back]
59 Standing Order VIII. [Back]
60 See direction 41.3-41.4. [Back]
61 For style see Appendix A, Form 6. [Back]
62 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]
63 For form of application for setting down, see Appendix A, Form 13. [Back]
64 See Lord Diplock's speech in M.V. Yorke Motors v. Edwards, [1982] 1 WLR 444 [1982] 1 All ER 1024. [Back]
65 Standing Order VI(2). [Back]
66 See Appendix B for a list of authorities held by the House of Lords Library. [Back]
67 Conditional fee agreements are sanctioned by the Courts and Legal Services Act 1990, as amended by the Access to Justice Act 1999. [Back]
68 See Appeal Committee, 58th Report (2001-02): Conditional Fee Agreements (HL Paper 78). [Back]
69 This period is not affected by suspended orders made under Legal Aid (Scotland) Act 1986 s 19 or Legal Aid Advice and Assistance (N.I.) Order 1981 Article 16. [Back]
70 Standing Order X; direction 31. For style of petition, adapt Appendix A, Form 8. [Back]
71 For style, see Appendix A, Form 7. [Back]
72 Standing Order VII. For style of petition, see Appendix A, Form 4. [Back]
73 Standing Order X. For style of petition, adapt Appendix A, Form 8. [Back]
74 See Appendix A, Form 4. [Back]
75 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]
76 Human Rights Act 1998 ss 4, 5. [Back]
77 Through a Minister, governmental body or other person defined in Human Rights Act 1998 s 5(2). [Back]
78 The Head of the Judicial Office notifies: [Back]
(i) in appeals from England, the Attorney-General; [Back] (ii)
(iii) in appeals from Scotland, the Advocate General for Scotland and the Lord Advocate; [Back] (iv)
(v) in appeals from Wales, if appropriate, the Counsel General of the National Assembly for Wales; [Back] (vi)
(vii) in appeals from Northern Ireland, the Attorney General for Northern Ireland. [Back] (viii)
79 Human Rights Act 1998 ss 7, 9(3) and 9(4). [Back]
80 In appeals from Scotland, the Head of the Judicial Office notifies the Solicitor to the Scottish Executive; in appeals from Northern Ireland, he notifies the Crown Solicitor and the Departmental Solicitor. [Back]
81 Human Rights Act 1998 ss 5(2) and 9(5). [Back]
82 Appeal Committee, 38th Report (2002-03): Petitions for leave to appeal: reasons for the refusal of leave (HL Paper 89). [Back]
83 Ibid. [Back]
84 See direction 16.2. [Back]
85 Article 15 of Council Regulation (EC) No 1/2003 of 16 December 2002 empowers the competition authorities in EU member states, acting on their own initiative, to submit written observations to the national courts of their member state on issues relating to the application of Articles 81 or 82 of the Treaty. With the permission of the court in question, they may also submit oral observations to the national courts of their member states. [Back]
86 See Appendix A, Form 8. [Back]
87 Standing Order IX. [Back]
88 See direction 13. [Back]
89 Standing Order XIV. For Nautical Assessors, see also Supreme Court of Judicature Act 1891 s 3. [Back]
90 Court of Session Act 1988 s 41(2). [Back]
91 For style of petition, adapt Appendix A, Form 16. [Back]
92 House of Lords Offices Committee, 6th Report (1999-2000), HL Paper 97. [Back]
93 Ibid. [Back]
94 Ibid. [Back]