'Before judgments are delivered today, I wish
to make the following statement on behalf of myself and the Lords
of Appeal in Ordinary:
"Their Lordships regard the use of precedent
as an indispensable foundation upon which to decide what is the
law and its application to individual cases. It provides at least
some degree of certainty upon which individuals can rely in the
conduct of their affairs, as well as a basis for orderly development
of legal rules.
"Their Lordships nevertheless recognise
that too rigid adherence to precedent may lead to injustice in
a particular case and also unduly restrict the proper development
of the law. They propose therefore to modify their present practice
and, while treating former decisions of this House as normally
binding, to depart from a previous decision when it appears right
to do so.
"In this connection they will bear in mind
the danger of disturbing retrospectively the basis on which contracts,
settlements of property and fiscal arrangements have been entered
into and also the especial need for certainty as to the criminal
law.
"This announcement is not intended to affect
the use of precedent elsewhere than in this House."'
The following Standing Orders regulating judicial business
are not fully applied to criminal appeals because the right to
bring such appeals is established and regulated by statute[70].
Parties are instead bound by the provisions of the statute by
whose authority they petition the House. However it is recommended
that parties should follow the Standing Orders wherever possible.
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
(20 November 1680)
[14 August 1876]
7 August 1877
2 June 1959
12 April 1962
27 April 1976
9 March 1977
| 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.
21 July 1988 V. (1) ORDERED, that 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.
| Appeals to be signed and certified by counsel
Security for costs
|
| 15 December 1960
17 December 1991
10 October 2000
| (2) ORDERED, that this Standing Order shall not apply (a) to Appellants who have been granted public funding or 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 crossappeals 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. 14 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
10 October 2000
| IX. ORDERED, that where a party to an appeal has applied for public funding or 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.
| Public funding and 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
10 October 2000
| 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 public funding or 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 |
