Applications, documents, forms and orders
Contents
Applications
7.1.1 Applications are governed by rule 30. An application should be made as soon as it becomes apparent that an application is necessary or expedient.
7.1.2 An application must be made in Form 2 and should be served on all the other parties before it is filed: rule 30(1)(3).
7.1.3 An application must state what order the applicant is seeking and, briefly, why the applicant is seeking the order: see rule 30(2). Certain applications (e.g. for security) should be supported by written evidence. Although there may be no requirement to provide evidence in support, it should be borne in mind that, as a practical matter, the Court will often need to be satisfied by evidence of the facts that are relied on in support of or for opposing the application. Evidence must be filed as well as served on the respondents.
7.1.4 A party "who wishes to oppose an application must, within 7 days after service, file notice of objection" in Form 3 and "must (before filing) serve a copy on the applicant and any other parties": rule 30(4).
7.1.5 The parties to an application for a consent order must ensure that they provide any material needed to satisfy the Court that it is appropriate to make the order.
7.1.6 Applications will be dealt with without a hearing wherever possible. Unless the Registrar directs otherwise, opposed procedural applications are referred to a Panel of Justices and may be decided with or without an oral hearing.
7.1.7 The original application must be filed in electronic form(1), with the prescribed fee. The original application must bear a certificate of service on the other parties and must clearly indicate whether the other parties consent or refuse to consent to the application. The original notice of objection must be filed in electronic form(2), with the prescribed fee. The original notice must bear a certificate of service on the other parties. Hard copies of these documents are not required unless requested by the Registry(3).
7.1.8 If the Panel of Justices orders an oral hearing, the parties may seek permission to adduce affidavits, witness statements and such other documents as they may wish. (4) Copies of such documents must be served on the other parties before the oral hearing. Authorities are not normally cited before the Panel.
Documents
Preparation
7.2.1 The Supreme Court has moved to a system under which the vast majority of documents are to be provided in electronic form only. Only the key documents bundle is required in hard copy (see Practice Direction 6, paragraph 6.4.4). No other document should be filed in hard copy unless specifically requested by the Registrar. It is essential that duplication of material is avoided particularly where two or more appeals are heard together. Documents which are not legible or which are not produced in the authorised form or which are unsatisfactory for some other similar reason are not accepted.
7.2.2 See paragraph 7.2.4 for a list of the provisions governing the form of documents which are to be filed.
Number of documents required
7.2.3 A copy of the key documents bundle must be provided for each Justice hearing the appeal and the copies must be filed four weeks before the hearing.
7.2.4 Reference should be made to the following Practice Directions for the form of documents -
- For Statement of facts and issues: see Practice Direction 5 paragraph 5.1.3
- For Appendix: see Practice Direction 5 paragraph 5.1.4
- For Cases: see Practice Direction 6 paragraph 6.3
- For Core volumes: see Practice Direction 6 paragraph 6.4
- For the authorities: see Practice Direction 6 paragraph 6.5.
Disposal of documents
7.2.5 All forms and supporting documents which are filed become the property of the Court and will not be returned. Original documents are retained.
7.2.6 Documents filed for the use of the Court may be inspected by persons who are not a party to the appeal on application under rule 39. Such persons must comply with any anonymity orders, data protection requirements and/or conditions imposed by the Registrar under rule 39.
Forms
7.3.1 Rule 4 provides for the forms which are to be used in the Supreme Court.
7.3.2 The following forms are set out in Annex 1 to this Practice Direction.
- Form 1 (PTA) (16) - Application for permission to appeal
- Form 1 (Appeal) - Notice of appeal(17)
- Form 2 - Application form
- Form 3 - Notice of objection/acknowledgement by respondent
Orders
Draft order
7.4.1 Before the Court hands down its judgment, the Registrar will normally send a draft order to all parties who filed a case. The drafts must be returned to the Registrar no later than 2 days after receipt (unless otherwise directed), either approved or with suggested amendments. If amendments are proposed, they must be submitted to the solicitors for the other parties, who should indicate their approval or disagreement both to the solicitors submitting the proposals and to the Registrar.
Final order
7.4.2 A copy of the sealed final order is sent to the solicitors for all parties.
Annex 1
- Form 1 - Application for permission to appeal
- Form 1 - Notice of appeal (18)
- Form 2 - Application form
- Form 3 - Notice of objection/acknowledgement by respondent
Annex 2
Fees payable in the Supreme Court
The fees set out in column (2) of the table below are payable in the Supreme Court in respect of the items described in column (1) of the table.
No fee in column (2) is payable in respect of criminal proceedings, other than the fee payable on submitting a claim for costs.
| (1) Number and description of fee | (2) Amount of fee |
|---|---|
| 1 Application for permission to appeal | |
| 1.1 On filing an application for permission to appeal. | £1,390 |
| 1.2 On filing notice of objection to an application for permission to appeal. | £220 |
| 2 Appeals etc | |
| 2.1 On filing notice of an intention to proceed with an appeal. | £7,855 |
| 2.2 On filing a notice of appeal. | £8,975 |
| 2.3 On filing a reference. No fee is payable where the reference is made by a court. |
£7,015 |
| 2.4 On filing an acknowledgement by respondent. | £445 |
| 3 Procedural applications | |
| 3.1 On filing an application for a decision of the Registrar to be reviewed. | £2,095 |
| 3.2 On filing an application for permission to intervene in an appeal. | £1,115 |
| 3.3 On filing any other procedural application. | £485 |
| 3.4 On filing notice of objection to a procedural application. | £205 |
| 4 Costs | |
| On submitting a claim for costs. | 4% of the sum claimed |
| 5 Copying | |
| 5.1 On a request for a copy of a document (other than where fee 5.2 or 5.3 applies)- | |
| (a) for ten pages or less; | £5 |
| (b) for each subsequent page. | 50p |
| 5.2 On a request for a copy of a document to be provided in electronic form, for each such copy. | £5 |
| 5.3 On a request for a certified copy of a document. | £25 |
Footnotes
- Amended Oct 2020 Return to footnote 1
- Amended Oct 2020 Return to footnote 2
- Amended Oct 2020Return to footnote 3
- Amended Oct 2020 Return to footnote 4
- Amended Oct 2020 Return to footnote 5
- Amended Oct 2020 Return to footnote 6
- Amended Oct 2020 Return to footnote 7
- Amended Oct 2020 Return to footnote 8
- Amended Oct 2020 Return to footnote 9
- Amended Nov 2018 Return to footnote 10
- Amended Oct 2020 Return to footnote 11
- Amended Oct 2020 Return to footnote 12
- Amended Oct 2020 Return to footnote 13
- Amended Oct 2020 Return to footnote 14
- Amended Oct 2020 Return to footnote 15
- Amended Nov 2018 Return to footnote 16
- Amended Nov 2018 Return to footnote 17
- Amended Nov 2018 Return to footnote 18
- Amended Jan 2012 Return to footnote 19
- Amended Jan 2012 Return to footnote 20