16.1  The case is the statement of a party's argument in the appeal.

16.2  The case should be confined to the heads of argument that counsel propose to submit at the hearing and omit material contained in the Statement of facts and issues[47] . The members of the Appeal Committee who gave leave to appeal may not be sitting on the Appellate Committee; and so it cannot be assumed that the members of the Appellate Committee will be familiar with the arguments set out in the petition for leave to appeal.

16.3  Page 1 of the case should set out the title of the party on whose behalf it is lodged.

16.4  If either party is abandoning any point taken in the courts below, this should be made plain in their case. If they intend to apply in the course of the hearing for leave to introduce a new point not taken below, this should also be indicated in their case and the Judicial Office informed. If such a point involves the introduction of fresh evidence, application for leave must be made either in the case or by lodging a petition for leave to adduce the fresh evidence.

16.5  If a party intends to invite the House to depart from one of its own decisions, this intention must be clearly stated in a separate paragraph of their case, to which special attention must be drawn. A respondent who wishes to contend that a decision of the court below should be affirmed on grounds other than those relied on by that court must set out the grounds for that contention in their case.

16.6  In any appeal under the Criminal Appeal Act 1968 in which grounds of appeal have been left undetermined by the Court of Appeal (see direction 12.2), each party should include in their case submissions on the merits of those grounds and on how they would seek to have them disposed of by the House.

16.7  Transcripts of unreported judgments should only be cited when they contain an authoritative statement of a relevant principle of law not to be found in a reported case or when are necessary for the understanding of some other authority.

16.8  All cases must conclude with a numbered summary of the reasons upon which the argument is founded, and must bear the signature of at least one counsel for each case to the appeal who has appeared in the court below or who will be briefed for the hearing before the House[48].

16.9  The lodgment of a case carries the right to be heard by two counsel, one of whom may be leading counsel. The fees of two counsel only for any party are allowed on taxation unless the Appellate Committee orders otherwise on application at the hearing.

Separate cases

16.10  All the appellants must join in one case. All the respondents must also join in one case, unless it can be shown that the interests of one or more of the respondents are distinct from those of the rest. If the respondents' interests are distinct, the agents who first lodge their case must certify in a letter to the Judicial Office as follows:

(a)  'We, as agents for the respondent(s) [name particular parties], certify that opportunity has been offered by us for joining in one case to the respondent(s) [name particular parties] whose interests are, in our opinion, similar to those set out in the case lodged by us.'; or

(b)  'We, as agents for the respondent(s) [name particular parties], certify that the interests represented in the case lodged by us are, in our opinion, distinct from those of the remaining respondent(s).'

16.11  When one of the foregoing certificates has been given, all remaining respondents wishing to lodge a case must respectively petition to do so in respect of each of their separate cases. Such petitions must be consented to by the appellants, and must set out the reasons for separate lodgment.

16.12  Parties whose interests in the appeal are passive (for example, stakeholders, trustees, executors, etc.) are not required to lodge a separate case but should ensure that their position is explained in one of the cases lodged.

Joint case

16.13  The lodgment of a joint case on behalf of both appellants and respondents may be permitted in certain circumstances.

Lodgment and exchange of cases

16.14  No later than five weeks before the proposed date of the hearing, the appellants must lodge at the Judicial Office one master plus seven copies of their case and serve it on the respondents.

16.15   No later than three weeks before the proposed date of the hearing, the respondents must lodge at the Judicial Office one master plus seven copies of their case in response, as must any other party lodging a case (for example, an intervener or advocate to the court).

16.16  The number of copies of cases exchanged should be enough to meet the requirements of counsel and agents and should not usually exceed eight. To enable the appellants to lodge the bound volumes, the respondents and any other party who has lodged a case must also provide the appellants with 15 further copies of their case.

16.17  Following the exchange of cases, further arguments by either side may not without leave be submitted in advance of the hearing.

Form of cases

16.18  Cases must be produced on A4 paper securely bound on the left, with:

(a)  numbered paragraphs;

(b)  capital letters down the inside margins;

(c)  references to Appendix on the outside margins; and

(d)  signatures of counsel at the end, above their printed names.

48   Standing Order VI(3). Back