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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