Practice Directions Applicable to Criminal Appeals Contents


28. CONSOLIDATION AND CONJOINDER

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

28.2  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.

28.3  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.

28.4  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.

28.5  Applications to consolidate or to conjoin appeals are made by petition[52]. 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.

28.6  If all parties consent to or join in the petition, one master and one copy of the petition should be lodged. The House then makes the appropriate order.

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


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


 
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