PROCEEDINGS IN THE SUPREME COURT
I. PRELIMINARY AND GENERAL
Interpretation and scope
“appellant” means a person who has been given leave to appeal to the Supreme Court (including a person maintaining an appeal to the Supreme Court initiated before the establishment day referred to in section 5 of the Court of Appeal Act, 2014 and who is entitled by law to continue that appeal before the Supreme Court) and includes, where the context so admits or requires, and subject to such modifications as may be necessary, the moving party in any matter before the Supreme Court other than by way of application for leave to appeal or appeal;
“applicant” means a person who makes or intends to make an application for leave to appeal to the Supreme Court;
“applications for leave judge” means the Chief Justice or a Judge of the Supreme Court nominated by the Chief Justice under section 7(6) of the Courts (Supplemental Provisions) Act, 1961 (as inserted by section 44 of the Court of Appeal Act, 2014), when exercising functions under that sub-section in respect of applications for leave to appeal;
“case management judge” means the Chief Justice or a Judge of the Supreme Court nominated by the Chief Justice under section 7(6) of the Courts (Supplemental Provisions) Act, 1961 when exercising functions under that sub-section in respect of proceedings in which leave to appeal has been granted;
the “court below” means the court from which an appeal (or application for leave to appeal) is made to the Supreme Court;
the “decision” includes judgment, order, verdict, finding or determination;
“notice of application for leave” means a notice of application for leave to appeal to the Supreme Court, and “application for leave” shall, save where the context otherwise requires, be construed accordingly;
“Office” means the Office of the Registrar of the Supreme Court;
“record” has the same meaning as in Order 125;
the “Registrar” means the Registrar of the Supreme Court;
“requisite number” means the number of copies which are to be provided under the relevant statutory practice direction or as directed by the Supreme Court or the Registrar;
“statutory practice direction” means a practice direction issued under section 7(7) of the Courts (Supplemental Provisions) Act, 1961.
(2) This Order applies to all proceedings and applications in proceedings in which the Supreme Court has jurisdiction under law and the procedure under this Order applicable to appeals shall, save where the context otherwise requires, apply, subject to any modifications which may be necessary, to any other form of proceeding before the Supreme Court.
Conduct of appeals and applications
2. (1) All applications, appeals and other matters before the Supreme Court shall be prepared for hearing or determination in a manner which is just, expeditious and likely to minimise the costs of the proceedings.
(2) The Registrar may from time to time make such inquiries and seek such reports or information of the parties as he considers appropriate or as are directed by the Supreme Court, applications for leave judge or (as the case may be) case management judge concerning the progress of any application, appeal or other matter and may:
(a) where he considers that the requirements of sub-rule (1) are not being complied with, or
(3) Notwithstanding any other provision of this Order, the Supreme Court may at any time direct the lodgment and service of written submissions on an application or appeal, or on any issue or motion in any application or appeal.
Directions, intervention and concurrent listings
give such directions and make such orders for the conduct of proceedings before the Supreme Court, as appear convenient for the determination of the proceedings in a manner which is just, expeditious and likely to minimise the costs of those proceedings.
(2) Subject to any provision of statute, where any person not a party to an appeal is entitled under any rule of law to apply to be heard in any proceedings before the Supreme Court otherwise than as a party, that person may apply by motion in the proceedings before the Supreme Court on notice to the parties for permission to intervene in the proceedings on such terms as the Supreme Court directs. The Supreme Court, on the hearing of the motion, may give such directions as it considers appropriate as to the hearing of the application for permission to intervene, and where the application is allowed, the extent, form and manner of the intervention permitted and the parties’ rights of response.
Time and word limits
4.(1) Subject to any relevant provision of statute and to sub-rule (2), an application to extend or shorten any time limit set by these Rules or time limit or word limit set by a statutory practice direction may be made—
(3) The Supreme Court or, as the case may be, the appropriate judge referred to in sub-rule (1) sitting alone, may exercise the powers to extend or shorten a time limit set by these Rules or a time limit or word limit set by a statutory practice direction either on an application by one or more parties or without an application being made.
(6) Where an extension of time for service of a notice of application for leave is granted, the time limits set by this Order for any steps consequential upon service of the notice of application for leave shall, without any order or direction for the purpose, be extended in proportion to the number of additional days granted for service of the application for leave.
(2) Where, having made such inquiries, if any, as he considers appropriate, the Registrar is not satisfied as to the sufficiency of the service effected in any case, the Registrar may direct service by another method or may direct the giving of notice of the application or appeal by another means.
(3) An affidavit of service or, where permitted by these Rules or a statutory practice direction, a certificate of service, shall include details of the persons served and the method of service used and shall state the date on which the document was served personally, posted, delivered to the document exchange or sent electronically, as the case may be.
(4) Service on a party by a means which has been agreed by or among parties in the proceedings in the court below or which has been directed by the court below is, until the contrary is shown, deemed to be sufficient service.
Notifications by the Supreme Court
6. Unless otherwise provided in statute or this Order, where the Registrar is required to notify any person of a matter, the notification may be in such form and may be given in such manner as the Registrar considers appropriate.
Lodgment of documents
Application in first instance to Court of Appeal or High Court
Effect of interlocutory order in court below
9. No interlocutory order or ruling made by a court below from which there has been no appeal operates to bar or prejudice the Supreme Court from giving such decision on the application for leave to appeal or appeal as the Supreme Court considers just.
Application for leave or appeal not to operate as a stay
10. (1) An application for leave or an appeal to the Supreme Court does not operate as a stay of execution or of proceedings under the decision appealed from, except so far as the Court of Appeal or (as the case may be) the High Court orders.
Security for costs
11. The Supreme Court may under special circumstances direct that a deposit or other security in the amount fixed by the Supreme Court be made or given for the costs to be occasioned by any application for leave or appeal.
Additional interest allowed without special order
13. On an appeal to the Supreme Court, interest for such time as execution has been delayed by the appeal is deemed to be allowed, unless the Supreme Court otherwise orders. The Legal Costs Adjudicator or other proper officer may compute the additional amount of interest without any order for that purpose.
Non-compliance with requirements as to contents of documents
14. (1) The Registrar may refuse to issue any notice of application for leave or notice of appeal or other document which does not comply with the requirements of this Order or the requirements of any statutory practice direction which applies to the application or appeal in question.
(2) A party aggrieved by a refusal to issue a document in accordance with sub-rule (1) may apply within 14 days of the refusal to the applications for leave judge, or to the case management judge or to the Supreme Court, as the context requires, to authorise the issue of the document concerned.
III. COMMENCEMENT OF PROCEEDINGS IN THE SUPREME COURT
Application for leave to appeal
Lodgment of application
16. (1) Subject to any provision to the contrary in any enactment which applies to the particular category of appeal, and to the provisions of this Order, the notice of application for leave and an attested copy of the order of the court below shall be lodged not later than 21 days from the perfecting of the order in respect of which leave to appeal is sought.
(3) Where a written judgment has been given in the court below, the applicant shall lodge with the Registrar an attested copy of the written judgment approved by the court below when notice of application for leave is lodged or otherwise promptly after it becomes available.
(5) In any application for leave in civil proceedings, the applicant shall, at his own expense, lodge with the Registrar a transcript of any oral evidence or such extracts of the transcript as are provided for by statutory practice direction received in the court below certified as accurate by the person responsible for preparing the transcript and authenticated by the court below.
IV. SERVICE OF APPLICATION FOR LEAVE TO APPEAL
Service of application
17.(1) A copy of the notice of application for leave shall, save in the case of a notice of application for leave to appeal from a decision made otherwise than inter partes, be served on the same day on which the notice of application for leave has been lodged, on all parties directly affected by the application for leave or appeal.
(2) It is not necessary to serve parties to the proceedings in the court below who are not directly affected by the application for leave or appeal, but the Supreme Court may direct notice of the appeal to be served on all or any of the parties to the proceedings in the court below, or on any other person.
(3) Where the Supreme Court has directed further service of notice of an appeal in accordance with sub-rule (2), it may:
V. NOTICE BY RESPONDENT
Lodgment and service of notice by respondent
18. (1) Each respondent served with a notice of application for leave shall, within six weeks from the perfecting of the order appealed against, lodge in the Office and serve on the applicant and every other respondent a notice in the form for the time being prescribed or directed for completion by a respondent (in this Order, “respondent's notice”).
(4) When considering an application to vary the judgment appealed or a cross-appeal the Court may direct that a separate application for leave to appeal be completed or alternatively give such directions as are appropriate including that the applicant lodge a response in writing by letter addressed to the Registrar.
VI. APPLICATION FOR LEAVE BOOKLET
Lodgment of application for leave booklet
19. (1) The applicant shall, within seven weeks from the perfecting of the order in respect of which leave to appeal is sought (or such extended time as may have been granted in accordance with rule 4), lodge in the Office four copies of a booklet containing the following:
(h) where the order from which leave to appeal is sought was made in criminal proceedings, the booklet shall additionally contain each of the following materials where the item is relevant to any issue raised in the application for leave to appeal:
(2) The applicant shall serve a copy of the application for leave booklet filed on the respondent within seven weeks from the perfecting of the order in respect of which leave to appeal is sought (or such extended time as may have been granted in accordance with rule 4)
(3) An applicant who cannot include a specified document or documents in the application for leave booklet may, instead of and pending inclusion of that document, not less than three days prior to the expiry of the period for lodgement of the application for leave booklet, lodge with the booklet and at the same time send to the respondent a communication by letter in writing or, where provided for in a statutory practice direction, a communication delivered electronically, addressed to the Registrar, explaining the difficulty encountered together with an account of the measures taken to attempt to comply with the requirement for inclusion of the document in the booklet.
(4) A communication referred to in sub-rule (2) shall be referred by the Registrar to the applications for leave judge for a determination as to whether or not the requirement for inclusion of the document may be dispensed with or varied, and where varied, as to the terms on which the requirement is varied.
VII. DETERMINATION OF APPLICATION FOR LEAVE TO APPEAL
Determination of application
20. (1) Where the Supreme Court requires the delivery of written submissions by the parties participating in an application for leave (or any other application for leave arising from the same proceedings), the Registrar shall notify the parties of that requirement and the times at which such submissions shall be lodged and served by each participating party.
(b) may be accompanied by directions on delivery of the appeal books in accordance with rule 26 and any applicable statutory practice direction.
Notification of determination to parties
Notice of intention to proceed with appeal
(2) Where the applicant does not lodge one or other of the documents referred to in paragraph (c) of sub-rule (1) within the time permitted, or such time as extended by consent or by order, the appeal shall, unless the Supreme Court otherwise orders, be deemed to be abandoned.
(3) Where an appeal is deemed to have been abandoned, any party other than the applicant concerned may apply to the Supreme Court on notice to the other parties for an order as to the costs of the proceedings.
Determination of appeals by settlement, abandonment, etc
(2) Where a party notifies the Registrar in writing that no issue as to the costs of the appeal remains outstanding and no requirement arises for an order to be made by the Supreme Court, and produces to the Registrar a letter from each other party concerned confirming this, the appeal shall be deemed to be determined without further order.
(3) Where notice of intention to withdraw or abandon an appeal is lodged pursuant to rule 22(1)(c)(ii), an appeal is deemed to have been abandoned, or a party notifies each other party concerned and the Registrar in writing of his intention to concede the appeal:
(a) the proceedings may, on the application of a party or at the direction of the Registrar, be listed before the Supreme Court on notice to the other parties or to the parties, to enable the making of any necessary consequential order, and
Notice under section 32(3) of the Civil Liability Act, 1961
24. A notice for the purposes of section 32(3) of the Civil Liability Act, 1961 shall be in the Form No 30 in Appendix C, and shall be lodged in the Office and a copy served on the appellant and every other respondent within 14 days of the service of notice of intention to proceed referred to in rule 22.
VIII. CASE MANAGEMENT
25.(1) Following the lodgment of notice of intention to proceed, unless the Supreme Court or, as the case may be, the case management judge sitting alone has otherwise directed, the Registrar shall list the appeal before the Supreme Court or, as the case may be, that judge sitting alone, on notice to the parties for a case management hearing.
(2) Unless the Supreme Court or, as the case may be, the case management judge sitting alone has otherwise directed, the appellant shall lodge in the Office not later than four days before the date fixed for the directions hearing the requisite number of copies of a case management booklet, indexed and paginated, containing the documents prescribed by statutory practice direction.
IX. WRITTEN SUBMISSIONS AND APPEAL BOOKS
Written submissions and appeal books
26.(1) Unless the Supreme Court has otherwise directed, each party shall deliver or exchange and shall lodge in the Office written submissions on the appeal, identifying and addressing the issues arising in the appeal, in conformity with the requirements of, and at the time or times prescribed by, statutory practice direction and such written submissions shall be filed electronically where directed by the Registrar.
(2) Where a party has not delivered or exchanged and lodged written submissions within the time permitted, the Registrar may, at the request of a party not in default or of his own motion, list the appeal before the Supreme Court on notice to the parties for the giving of such directions or the making of such orders as the Supreme Court considers appropriate in the circumstances.
(3) Unless the Supreme Court has otherwise directed, within such time following the delivery of the respondent’s written submissions as is prescribed by statutory practice direction, appeal books, containing such documents as are prescribed by statutory practice direction, shall be delivered, and the requisite number of copies of appeal books lodged in the Office.
(4) In any case where a respondent to an appeal has in accordance with rule 18(3) sought to vary the decision or order of the court below, for the purposes of this rule a single set of the appeal books shall, save where the Supreme Court otherwise directs, be produced for both appeals concerned.
X. INTERLOCUTORY APPLICATIONS
Interlocutory applications to the Supreme Court
27.(1) Unless otherwise permitted by the Supreme Court, all interlocutory applications to the Supreme Court shall be brought by notice of application in the form for the time being prescribed or directed on notice to every other party to the appeal, application or other matter, grounded on an affidavit sworn by or on behalf of the moving party.
(2) The notice of application and affidavit shall be lodged in the Office and a copy of the notice and affidavit (and any exhibits) served on every party affected by the interlocutory application not later than four clear days before the date fixed for the hearing of the application.
XI. APPLICATIONS UNDER ARTICLE 64.3.3° OR ARTICLE 64.4.1° OF THE CONSTITUTION
Conduct and determination of applications under Article 64.3.3° or Article 64.4.1° of the Constitution
28.(1) All applications under Article 64.3.3° or Article 64.4.1° of the Constitution shall be brought by notice (in this rule, the “notice of application”) in the form for the time being prescribed or directed, which shall set out the grounds on which it is alleged that an order should be made in accordance with Article 64.3.3° or, as the case may be, Article 64.4.1° ofthe Constitution in respect of the appeal concerned.
(5) Each other party to the appeal served with a notice of application shall, within seven days after service, lodge in the Office and serve on the moving party and every other party to the appeal a notice stating whether or not that party opposes the application, and if that respondent opposes the application, setting out concisely the grounds on which the application is opposed.
(6) When the Supreme Court has determined an application to which this rule applies, the Registrar shall notify the parties, the Registrar of the Court of Appeal, and any other person he considers it necessary to notify, of the determination.
XII. POWERS OF SUPREME COURT ON APPEAL
Powers as to evidence
(a) the Supreme Court has on appeal full discretionary power to receive further evidence on questions of fact, and may receive such evidence by oral examination in court, by affidavit, or by deposition taken before an examiner or commissioner,
(b) further evidence may be given without special leave on any appeal from an interlocutory judgment or order or in any case as to matters which have occurred after the date of the decision from which the appeal is brought,
(c) on any appeal from a final judgment or order, further evidence (save as to matters subsequent as mentioned in paragraph (b)) may be admitted on special grounds only, and only with the special leave of the Supreme Court (obtained by application by motion on notice setting out the special grounds),
(e) if the Supreme Court considers that the record available to it of the proceedings in the court below is deficient, it may have regard to such evidence, or to such verified notes or other materials as the Supreme Court deems expedient,