Appeals transferred by the Supreme Court pursuant to Article 64 of the Constitution
This Practice Direction applies to all appeals transferred to the Court of Appeal by the Supreme Court pursuant to Article 64 of the Constitution.
1. Any party to an Article 64 Appeal (either appellant or respondent) who wishes the appeal to proceed before the Court of Appeal and obtain directions and a hearing date for the appeal shall issue in the Office of the Court of Appeal a notice of application for directions in accordance with this Practice Direction. The application does not require to be grounded on affidavit but the notice of application shall contain the information in the Schedule and the following procedure shall apply to such applications:-
1. The applicant for directions shall file in the Office of the Court of Appeal for issue and a return date an original and 2 copies of a notice of application setting out the information in the Schedule to this practice direction.
2. The applicant shall serve the issued application for directions with a copy of this practice direction on the other parties to the appeal within four days of the date of issue.
3. The applicant for directions shall file in the Office not later than four days before the date fixed for the directions hearing, proof of service of the application for directions and an indexed and paginated directions booklet for the use of the Court of Appeal comprising copies of:-
(a) The application for directions.
(b) The notice of appeal.
(c) Any notice of cross appeal or notice to vary.
(d) The judgement and/or order appealed from
(e) Any other document in the appeal which it is proposed to refer at the directions hearing.
2. All parties to the appeal or their legal representatives shall attend the directions hearing. Each counsel and solicitor attending the directions hearing shall ensure that he is sufficiently familiar with the proceedings to give the Court accurate information and has authority from the party he represents to deal with any matters that are likely to be dealt with at the directions hearing.
3. At the directions hearing, the Court of Appeal shall give directions in relation to the matters provided for in O. 86A, rr. 16 and 17 of the Rules of the Superior Courts and where feasible fix a date and allocate a time for the hearing of the appeal.
Information to be provided in notice of application for directions
1. Details of decision under appeal including, date of order; name of judge; principal terms of order; whether there is a written judgment or note of ex-tempore and relevant dates and citations.
2. Date of notice of appeal.
3. Whether or not books of appeal have been filed in the Supreme Court Office.
4. If the applicant for directions is the appellant identify by reference to the notice of appeal those grounds intended to be pursued at the hearing of the appeal.
5. If the applicant for directions is the respondent to the appeal and there is a notice to vary or cross appeal the grounds upon which this will be pursued at the hearing.
6. The order which the applicant (whether appellant or respondent) will seek from the Court of Appeal at the hearing of the Appeal if successful.
7. A list of the documents which the applicant considers require to be before the Court on the hearing of the appeal.
8. A list of any documents the applicant intends to put before the Court on the direction hearing in addition to those listed at para 1.3 of this practice direction.
Issued under s. 7C(2) of the Courts (Supplemental Provisions) Acts 1961, inserted by s. 10 of the Court of Appeal Act 2014
Dated 17th November 2014
[revised on the 27th July 2015 by extending the provisions to uncertified as well as certified appeals)