The procedure to be followed to file an application for leave to appeal is set out below. Please note that this is extracted from Practice Direction SC 19. You should refer to the full content of the practice direction which sets out in detail the process for applications for leave to appeal and, where granted, the appeal process.
1. To file an application for leave to appeal in the Supreme Court Office, you will need to complete a Form No. 1.
2. The form should be lodged in the Supreme Court Office within 21 days from the perfecting (signing) of the order appealed against.
3. A copy of the notice of application for appeal must be served on all parties directly affected by the application for leave to appeal or appeal on the same day on which the application has been filed (as required by Order 58 Rule 17(1)).
Each respondent must, within six weeks from perfecting of the order from which leave to appeal is sought, file in the Office and serve the respondent’s notice in Form No. 2.
Where a respondent is unable to file a respondent’s notice within the relevant time limit, an application for an extension of time may be made in section 3 of Form No. 2. Please see Practice Direction SC 19 in cases where a respondent’s notice has not been filed within the required period.
Application for leave booklet
The applicant is required, within seven weeks from the perfecting of the order from which leave to appeal is sought, or such extended time as may have been allowed, to file electronically and if the Supreme Court e-filing system is not being used file in the Office four hard copies of a booklet containing copies of the documents set out below. Please see Practice Direction SC 19 in cases where additional booklets are not filed within the required period.
Documents to be contained in the booklet of additional documents:
- the notice of application for leave
- the respondent’s notice if filed and served
- an attested copy of the order form from which leave to appeal is sought
- the approved judgment on foot of which that order was made
- an attested copy of any final order or orders of all other courts at lower instance in the proceedings
- any approved judgment or judgments of all other courts at lower instance in the proceedings
- a certificate of service, in the form set out in paragraph 3(3)(b), of the application for leave on all respondents served.
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:
- a copy of an indictment
- the transcript of the opening speech of counsel for the prosecution
- where an appeal concerns a particular issue raised in the trial, the transcript of the evidence, submissions and ruling relevant to that issue
- a copy of any relevant exhibit
- the transcript of the closing speeches of counsel for the prosecution and defence; and
- the transcript of the judge’s charge to the jury insofar as it relates to the issue or, where the duration of the trial was three days or less, the entire transcript.
Please refer to Practice Direction SC 19 for the procedure to be followed where the Court has determined that leave is granted.