Practice Directions and Standing Orders Applicable to Civil Appeals--continued


(back to preceding text)

28. DISPUTE BETWEEN PARTIES DISPOSED OF

28.1  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if an event occurs which arguably disposes of the dispute between the parties, either to ensure that the appeal is withdrawn by consent or, if there is no agreement to that course, to bring the facts promptly to the attention of the House, and to seek directions.

29. DOCUMENTS: DISPOSAL OF

29.1  All petitions and supporting documents lodged become the property of the House. However if application is made in writing within fourteen days of the determination of an appeal or a petition for leave to appeal, documents other than the original petition may, at the direction of the Principal Clerk, be returned to the parties.

30. DOCUMENTS: PREPARATION OF

General

30.1 Documents which are not clearly legible or which are not produced in the form specified will not be accepted.

30.2  The Judicial Office can give advice as to the form and content of documents for lodging. Parties are advised to consult the office at all stages of preparation and should submit proofs for approval where appropriate.

30.3  Appendix J shows the numbers of documents usually required for the hearing of an appeal.

30.4   All formal documents should be produced on good quality A4 paper, bound on the left like a book and using both sides of the paper. Original petitions should be sewn.

Form of statement and case

30.5  The statement and case should be produced with letters down the inside margin. The outside margin should carry references to the relevant pages of the appendix.

30.6  The front page of the statement should carry the references of every law report of the cause in the courts below. A head-note summary should be given, whether or not the cause has been reported.

30.7  The front page of the statement should carry an indication of the time occupied by the cause in each court below.

30.8  The statement should be signed by counsel on both sides above their printed names59.

30.9  Each party's case should be signed by counsel above their printed names60.

Form of appendix

30.10  The appendix should be bound with a plastic comb binding and blue card covers.

30.11  All documents must be numbered and each part of the appendix must contain a list of its contents.

30.12  Documents should be reproduced economically and in the minimum number necessary for the purposes of the appeal. Originals under the size of A4 should be enlarged to A4 size with a broad outside margin.

30.13  Documents of an unsuitable size or form for binding with the other documents (such as maps or booklets) should be inserted in pockets at the back of the appropriate volume.

Form of bound volumes

30.14  The bound volumes should be bound in the same manner as the appendix. They should contain cut-out indices for each of the items listed in Direction 16.1, tabbed with the name of the document on the front sheet of each. The front cover should carry a list of the contents and the names of the agents for all parties61. The short title of the cause should be given on a strip affixed to the plastic spine. Each volume should include a few blank pages at either end.

Form of authorities volumes

30.15  The authorities volumes should be bound with a plastic comb binding and green card covers62. Small, flexible covers should be used. No volume should be more than one inch thick.

30.16  The volumes should be numbered consecutively on the cover and spine with very large Roman numerals, for swift identification of different volumes during the hearing. The front cover should also carry the cause title63 and the names of the agents for all parties. The spine should carry the cause title64.

30.17  The authorities themselves should be separated by numbered dividers. Each volume should include a few blank pages at either end.

30.18  Authorities should be reproduced economically and in the minimum number necessary for the purposes of the appeal. Originals under the size of A4 should be enlarged to A4 size with a broad outside margin.

31. EUROPEAN CONVENTION ON HUMAN RIGHTS

31.1   [To be promulgated.]

32. EUROPEAN COURT OF JUSTICE

32.1   Article 234 of the Treaty establishing the European Communities provides:

    1.  The Court of Justice shall have jurisdiction to give preliminary rulings concerning:

      (a)  the interpretation of this Treaty;

      (b)  the validity and interpretation of acts of the institutions of the Community and of the European Central Bank;

      (c)  the interpretation of the statutes of bodies established by an act of the Council, where those statutes so provide.

    2.  Where such a question is raised before any court or tribunal of a Member State, that court or tribunal may, if it considers that a decision on the question is necessary to enable it to give judgment, request the Court of Justice to give a ruling thereon.

    3.  Where any such question is raised in a case pending before a court or tribunal of a Member State against whose decisions there is no judicial remedy under national law, that court or tribunal shall bring the matter before the Court of Justice.

32.2  When the House intends to make a reference, the hearing will be adjourned and the parties will be invited to submit an agreed draft of the question(s) to be referred. A further statement of facts and issues, for the convenience of the Court of Justice of the European Communities, may also be appropriate. The House will then make the reference, with or without Opinions. At this stage the appeal may also be disposed of in part.

32.3  Within one month of the judgment of the Court of Justice of the European Communities, the parties must make written submissions as to the disposal of the appeal or whether a further hearing is necessary.

32.4  If a further hearing is required, the parties may seek leave to lodge supplemental cases.

32.5  The Court of Justice of the European Communities does not make orders for costs. Costs will be covered by the order of the House which disposes of the appeal; and, if necessary, will be taxed by the House of Lords taxing authorities.

33. EXHIBITS

33.1  Parties who require exhibits (such as machines in a patent action) to be available for inspection at the hearing must apply to the Judicial Office for permission for the exhibits to be brought to the House before the hearing.

34. FEES AND SECURITY: PAYMENTS AND DEPOSITS

34.1  Payments of fees and deposits of security money may be made in cash or by bankers draft or cheque. 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'.

35. FEES: WAIVER OF

35.1  Under Standing Order XIII, any party or potential party who has been refused legal aid in the action in question may at any stage apply for any fee to be waived, modified or suspended, either wholly or in part, on the ground of financial hardship. Application should be made to the Judicial Office.

36. INTERVENERS

36.1  Participation in a cause as an intervener in a court below does not entitle a person to intervene in the House of Lords. Application for leave to intervene in an appeal must be made by petition65, together with the appropriate fee. The petition may only be presented after the petition of appeal has been presented to the House. The petition must indicate whether leave is sought for written interventions alone, or for written and oral interventions. The petition should be certified with the consent of the parties in the case. If consent is refused, the petition should be endorsed with a certificate of service on the parties. All petitions for leave to intervene, whether opposed by the parties or not, will be referred to an Appeal Committee66.

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

37. LEGAL AID

37.1  The House of Lords does not grant legal aid. Application should be made to the appropriate Area Office of the Legal Aid Board, or, in Northern Ireland, to the Legal Aid Committee, or, in Scotland, to the Scottish Legal Aid Board.

37.2  A party to whom a certificate is issued must immediately lodge the certificate, or a copy of it, in the Judicial Office. An emergency certificate, or subsequent amendments, and the authority for leading counsel, must also be lodged.

37.3  Where a prospective petitioner or appellant has applied for legal aid, the Judicial Office must be informed in writing of the date on which the application was made within the original time limit for lodging the petition. The period within which a petition may be lodged will then be extended to one month after the final determination of the legal aid application. (If the Judicial Office is not informed of the legal aid application, the petition will be out of time as soon as the original time limit has expired.) The other parties to the proposed petition must also be informed in writing that a legal aid application has been made.

37.4  Where a respondent to an appeal has applied for legal aid, the Judicial Office must be informed within the original time limit for lodging the statement and appendix. The period will then be extended to six weeks after the final determination of the legal aid application.

37.5Where a certificate is granted, the date of final determination is the date of issue of the certificate.

38. LODGMENT

38.1  'Lodgment' and 'lodging' mean delivery to a member of the Judicial Office staff, either in person during opening hours or by post. Where the time for lodging a document expires on a Saturday, Sunday, Bank holiday, or any other day on which the Judicial Office is closed, it will be received if it is lodged on the first day on which the Office is next open.

38.2  Communications may be transmitted by facsimile, and the cost of such transmission will be allowed on taxation, only where urgent circumstances make this appropriate. No document which is to be presented to the House or upon which a fee is payable may be so transmitted.

38.3  Any agent who attends the Judicial Office to lodge papers must be familiar with the subject matter to be dealt with.

39. NEW SUBMISSIONS

39.1  If, after the conclusion of the argument of 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 forthwith (by letter to the Principal Clerk) 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.

40. OPPOSED INCIDENTAL PETITIONS

40.1  Unless the Principal Clerk directs otherwise, opposed incidental petitions (including any interlocutory petition which relates to any petition of appeal) will be referred to an Appeal Committee.

40.2  Six copies of the petition must be lodged together with the appropriate fee. The original petition should 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.

40.3  If an oral hearing is ordered, the parties may apply at that time to hand in affidavits and such other documents as they may wish. Six copies will be required. Copies of such documents must be served on the other parties before the oral hearing. Authorities should not normally be cited before the Appeal Committee.

41. PATENT: APPEAL FROM ORDER FOR REVOCATION OF

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

41.2  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.

41.3  If, at any time before the appeal comes on for hearing, the respondents decide not to appear on the appeal or not to oppose it, they must forthwith serve notice of this 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 the said s. 32 or of the pleadings in the action and the affidavits filed therein.

41.4  The Comptroller must, within 14 days of receiving notice of the respondents' decision, serve on the appellant and lodge in the Judicial Office a notice stating whether or not he intends to appear on the appeal.

41.5  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.

41.6  The House will make 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.

42. SPECIALIST ADVISERS

42.1  Any party to an appeal may apply in writing to the Clerk of the Parliaments for Specialist Advisers to attend the hearing71.

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 should apply to the court appealed from, not to the House of Lords. The House cannot stay an interlocutor of the Court of Session72.

44. TRANSCRIPTION

44.1  Hearings are not generally transcribed by the House. Any party may seek leave to arrange for its own transcription of a hearing, by writing to the Principal Clerk. If leave is given, the service arranged must be silent. A single copy of the transcript should be lodged in the Judicial Office as soon as it is available.

45. WITHDRAWAL OF PETITIONS

Petitions for leave to appeal

45.1  A petition for leave to appeal may be withdrawn by writing to the Principal Clerk, 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 which has not been set down for hearing may be withdrawn by writing to the Principal Clerk, 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 security money 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 which has been set down for hearing may only be withdrawn by order of the House on petition73. Such petition, which should include submissions on costs and, where appropriate, indicate how the security money should be disposed of, must be submitted for their consent to those respondents who have entered appearance. The petition should be lodged with the appropriate fee.

STANDING ORDERS

Standing Order No. 16 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. 86 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 unbracketed 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

(2) ORDERED, that this Standing Order shall not apply (a) to Appellants who have been granted 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 purpose 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 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 recess

[15 December 1960]
3 March 1966
21 July 1988
19 May 1994

IX. ORDERED, that where a party to an Appeal has applied for 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.

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

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 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

FORM OF PETITION FOR LEAVE TO APPEAL
(SEE DIRECTION 3)

IN THE HOUSE OF LORDS

ON APPEAL FROM HER MAJESTY'S COURT OF APPEAL (ENGLAND)74

BETWEEN:

[Set out title of cause.75]

TO THE RIGHT HONOURABLE THE HOUSE OF LORDS

THE HUMBLE PETITION OF [set out full name(s) and address(es) of petitioner(s)] PRAYING FOR LEAVE TO APPEAL SHEWETH-

1.   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 appeal should be granted].

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

REASONS

[Here give numbered reasons, generally summarising the foregoing arguments76.]

And your petitioner(s) will ever pray.

[Signature of petitioner(s) or agents.]

 

'LEAPFROG' PETITIONS

(SEE DIRECTION 6)

[In the case of 'leapfrog' petitions, the prayer should be in the words following:]

THE HUMBLE PETITION OF [set out full name(s) and address(es) of petitioner(s)] 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 SHEWETH-

FORM OF BACK OF PETITION FOR LEAVE TO APPEAL,
SHOWING CERTIFICATE OF SERVICE TO BE ENDORSED ON
ORIGINAL PETITION

   I/We, (Messrs.) [name], of [address], (agents for) the petitioner(s) within-named, hereby certify that on the ... day of .......... 20... we served (Messrs. [name] of [address], agents for) [name(s) of respondent(s)], the within-named respondent(s), with a correct copy of the aforegoing petition and with notice that the petition for leave to appeal 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 agents.]

 

[References to law reports]

[Head-note summary]

IN THE HOUSE OF LORDS

ON APPEAL FROM [name court]

 

BETWEEN:

 

[Set out title of cause.]

 

 

 

 

____________________________________

PETITION FOR LEAVE TO APPEAL

____________________________________

 

[Set out full name, address,

telephone number, and reference

of petitioner(s) or agents]

 

APPENDIX B

FORM OF PETITION FOR LEAVE TO APPEAL OUT OF TIME

(SEE DIRECTION 2)

IN THE HOUSE OF LORDS

ON APPEAL FROM HER MAJESTY'S COURT OF APPEAL (ENGLAND)77

BETWEEN:

[Set out title of cause.78]

TO THE RIGHT HONOURABLE THE HOUSE OF LORDS

THE HUMBLE PETITION OF [set out full name(s) and address(es) of petitioner(s)] PRAYING FOR LEAVE TO APPEAL NOTWITHSTANDING THAT THE TIME LIMITED BY STANDING ORDER II HAS EXPIRED SHEWETH-

1.    That [set out briefly the reasons why the petition was not lodged in time].

2.    That [continue as indicated in Appendix A].

 

 

APPENDIX C

FORM OF PETITION OF APPEAL OR CROSS-APPEAL

(SEE DIRECTIONS 9 AND 26)

 

IN THE HOUSE OF LORDS

ON APPEAL FROM HER MAJESTY'S COURT OF APPEAL (ENGLAND)79

BETWEEN:

[Set out title of cause.80]

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/interlocutor(s) set forth in the Schedule hereto ([if 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/interlocutor(s) ([if partly appealed against, insert the words:] so far as aforesaid) may be reversed, varied or altered ([if appropriate81, insert the words:] in accordance with the Human Rights Act 1998), (and that [if specific relief is asked for, it should be so stated]) 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 agents
or counsel, as appropriate; see direction 10.2]

 

THE SCHEDULE ABOVE REFERRED TO

from HER MAJESTY'S COURT OF APPEAL (ENGLAND)79

   In a certain cause [or other matter] wherein [name(s)] was/were plaintiff(s) [or other designation] and [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/interlocutor(s) of [state court] of [date of order/interlocutor(s)] appealed from is/are in the words following ([add, if appropriate:] the portion(s) complained of being underlined):

[The whole of each order/interlocutor, including the recital, must be set forth. 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 and should not be underlined.]

[Where leave to appeal has been granted by order of the House, the following should be 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 10.2), 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 of two counsel.]

 

[The special certificate required by Standing Order XI in certain Scottish appeals must also be added if necessary.]

 

FORM OF BACK OF PETITION OF (CROSS-)APPEAL, SHOWING CERTIFICATE
OF SERVICE TO BE ENDORSED ON ORIGINAL PETITION

   I/We, (Messrs.) [name], of [address], (agents for) the (cross-)appellant(s) within-named, hereby certify that on the ... day of .......... 20... I/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 aforegoing (cross-)appeal and with notice that the petition of (cross-)appeal would be presented to the House of Lords on behalf of the (cross-)appellant(s) as soon as conveniently may be.

 

 

 

[Signature of (cross-)appellant(s) or agents.]

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 agents]

 

APPENDIX D

FORM OF PETITION FOR EXTENSION OF TIME

TO LODGE STATEMENT AND APPENDIX

(SEE DIRECTION 13)

 

IN THE HOUSE OF LORDS

ON APPEAL FROM HER MAJESTY'S COURT OF APPEAL (ENGLAND)82

BETWEEN:

[Set out title of cause.]

TO THE RIGHT HONOURABLE THE HOUSE OF LORDS

THE HUMBLE PETITION OF [set out full name(s) of appellant(s)] SHEWETH-

That your petitioner(s) presented a petition of appeal on the ... day of .......... 20... complaining of an order of the [state court] dated the ... day of .......... 20... .

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/originally expired on the ... day of .......... 20... .

(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 the ... day of .......... 20... .)

(That the House, pursuant to a further petition from the Appellant(s), granted a second extension of time until the ... day of .......... 20... .)

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 the ... day of .......... 20... 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/We consent to the prayer of the above petition.

[Signature of respondents or their agents.]
(Agents for the) Respondent(s)
[Set out here name and
address of respondent(s) or their agents.]

 

APPENDIX E

FORM OF PETITION FOR CONSOLIDATION/CONJOINDER

(SEE DIRECTION 25)

 

IN THE HOUSE OF LORDS

ON APPEAL FROM HER MAJESTY'S COURT OF APPEAL (ENGLAND)83

 

BETWEEN:

[Set out title of first cause.]

AND BETWEEN:

[Set out title of second cause.]

 

TO THE RIGHT HONOURABLE THE HOUSE OF LORDS

THE HUMBLE PETITION OF [set out full name(s) of appellant(s)] SHEWETH-

   That your petitioner(s) presented (a) petition(s) of appeal on the ... day of .......... 20... complaining of (an) order(s) of the [name relevant court below] dated the ... day of ....... 20... .

   That your petitioner(s) [name appellant(s) in other appeal(s), if different] presented (a) petition(s) of appeal on the ... day of .......... 20... complaining of (an) order(s) of the [name relevant court below] dated the ... day of .......... 20... .

   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/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 meet84.

 

   And your petitioners will ever pray.

[Signature of petitioner(s) or their agents]
(Agents for the) Petitioner(s)

[Signature of other appellant(s) or their agents]
(Agents for the) Co-Petitioner(s)
[etc.]

   We consent to the prayer of the above petition.

[Signature of respondent(s) to first appeal or their agents]
(Agents for the) Respondents [name relevant respondent(s)]

[Signature of respondent(s) to second appeal or their agents]
(Agents for the) Respondents [name relevant respondent(s)]
[etc.]

 

APPENDIX F

FORM OF PETITION FOR LEAVE TO INTERVENE

(SEE DIRECTION 36)

IN THE HOUSE OF LORDS

ON APPEAL FROM HER MAJESTY'S COURT OF APPEAL (ENGLAND)85

BETWEEN:

[Set out title of cause.]

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 SHEWETH-

1.    That on the ... day of .......... 20... [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 the ... day of .......... 20... .

2.    That your petitioner(s) seek(s) your Lordships' leave to present written [add, if appropriate: 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

[Here give numbered reasons, generally summarising the foregoing 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/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/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.]

 

FORM OF BACK OF PETITION FOR LEAVE TO INTERVENE,
SHOWING CERTIFICATE OF SERVICE TO BE ENDORSED ON
ORIGINAL PETITION

   I/We, (Messrs.) [name], of [address], (agents for) the petitioner(s) within-named, hereby certify that on the ... day of .......... 20... I/we served (Messrs. [name] of [address], agents for) [name(s) of appellant(s)], the within-named appellant(s) and [insert, if different date: on the ... day of .......... 20...] (Messrs. [name] of [address], agents for) [name(s) of respondent(s)], the within-named respondent(s), with a correct copy of the aforegoing petition and with notice that the petition for leave to intervene 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 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 agents]

 

 

APPENDIX G

FORM OF COVER FOR BOUND VOLUME

 

In the House of Lords

ON APPEAL FROM HER MAJESTY'S COURT OF APPEAL (ENGLAND)86

BETWEEN:

[Set out title of cause87.]

 

BOUND VOLUME

VI88

PETITION OF APPEAL

89PETITION OF CROSS-APPEAL

STATEMENT OF FACTS AND ISSUES

CASE FOR THE APPELLANTS

CASE FOR THE RESPONDENTS

APPENDIX-PART 1

LIST OF AUTHORITIES

 

 

Name and address of agents for the appellant(s)

 

Name and address of agents for the respondent(s)

 

APPENDIX H

FORM OF COVER FOR AUTHORITIES VOLUME

 

In the House of Lords

ON APPEAL FROM HER MAJESTY'S COURT OF APPEAL (ENGLAND)90

BETWEEN:

[Set out title of cause91.]

 

AUTHORITIES VOLUME

VI92

 

Name and address of agents for the appellant(s)

 

Name and address of agents for the respondent(s)

 

APPENDIX I

AUTHORITIES

(SEE DIRECTION 17.5)

The House of Lords Library keeps each of 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 (1843-1940)

    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 Law Journal

    European Human Rights Law 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 (1966-78)

    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 (1838-1866)

    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 J

NUMBERS OF DOCUMENTS NORMALLY REQUIRED FOR THE HEARING OF AN APPEAL

   The numbers shown below are the minimum specifically laid down in the Directions. Actual requirements must be subject to agreement and will depend on the number of parties, counsel and agents concerned, and on the special circumstances of each appeal. Copies for the use of the party originating the documents are in addition to the numbers indicated.

 

APPELLANTS MUST PROVIDE:

   
 

Judicial Office

Respondents

(1) Petition of Appeal

Original and 5 on lodgment

(15 in bound volumes)

2 on service

(2) Statement

6 on setting down

(15 in bound volumes)

As arranged

(3) Appendix Part I

6 on setting down

(15 in bound volumes)

1 in advance; otherwise as arranged

(4) Appendix Part II and subsequent Parts

15 on setting down

1 in advance; otherwise as arranged

(5) Case

6 no later than 3 weeks before the hearing

(15 in bound volumes)

As arranged on exchange

(6) Bound Volumes

15 no later than 2 weeks before the hearing

As arranged

(7) Authorities Volumes

7 no later than 2 weeks before the hearing

As arranged

(8) Documents in readiness at the hearing

15 held at the Bar

As arranged (at least 3)

RESPONDENTS MUST PROVIDE:

   
 

Judicial Office

Appellants

(1) Case

3 no later than 3 weeks before the hearing

As arranged on exchange; 15 for bound volumes

(2) Documents in readiness at the hearing

15 held at the Bar

As arranged (at least 3)

 

APPENDIX K

FEES AND SECURITY MONEY

(1) JUDICIAL FEES

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

Petitions for leave to appeal - mandatory fees

Presentation£500

Entering appearance£100

Petitions of appeal - mandatory fees

Presentation (following successful petition for leave to appeal)£500
Presentation (not following petition for leave)£1000
Entering appearance£200
Lodging statement and appendix and setting down£3000

Petitions of appeal - occasional fees

Waiver of security£100
First petition for extension of time£200
Second petition for extension£300
Third or subsequent petition for extension£500
Other interlocutory petition, if agreed£200
Any interlocutory petition, if opposed£500
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.
Appeal Committee Order or other certified document
(except Judgment Order, for which there is no fee)
£10
(1st November 1995)

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

(2) TAXING FEE

   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 £25;

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

(1st April 1983)

   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 £25, 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 £25, whichever is the larger.

(1st May 1993)

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

(3) SECURITY MONEY

Security for costs, to be paid by the appellant(s) £18,000

(12th April 1994)

Drafts and cheques for security money are payable to

'House of Lords Security Fund Account'.

 
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