Supreme Court Appeals - new procedures

23/01/2019 12:35:08

Major changes to the procedures for Supreme Court appeals came into effect on 10 January 2019.

Rules of the Superior Courts

The rules are documented in Rules of the Superior Courts (Supreme Court) 2018, (SI 583 of 2018)

Some of these changes include the following:

  • In general, the notice of application for leave and an attested copy of the order of the court below must be lodged not later than 21 days from the perfecting of the order in respect of which leave to appeal is sought (Order 58 Rule 16 RSC).
  • A copy of the notice of application for leave must 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 (Order 58 Rule 17(1) RSC).
  • All time limits for Respondent’s Notices, lodging of books, submissions and so on, are calculated from the date of perfection of the order that is being appealed.
  • The word count in both the appeal document and the Respondent’s notice has been reduced and varies between 500 words and 300 words in the different sections of the new Forms.
  • Order 58 deals with an array of matters including determination of applications for leave to appeal, non-compliance, case management, written submissions and appeal books.

The foregoing are just some of the matters addressed in the new Order 58 and practitioners should consider the new procedures and requirements as set out in detail in SI 583 of 2018.

See also Practice Direction SC19 - Conduct of proceedings in Supreme Court.