This memorandum addresses issues relating to civil appeals. It outlines a set of working principles that guide the policy decisions behind several proposals. It reviews the many sources of procedural provisions that govern appeals. It identifies factors that contribute to delay in the early stages of an appeal and makes proposals for reducing this delay, simplifying procedure, and reducing the need for court intervention to ensure the timely progress of an appeal. It addresses the quality and content of appeal documents and recognizes that the court needs appropriate materials to carry out its role. It reviews applications to the court, including notice periods and the scope for streamlining the main steps in an application. It also discusses the possibility of electronic hearings and whether more applications should be heard without oral argument. It considers the topic of leave to appeal, including the notice period. Several problem areas that are addressed and require significant review of the statute book area are: uniformity of leave requirements, levels and routes of appeal, and criteria for granting leave. The memorandum looks at measures for expediting appeals, including Part J appeals and various statutory measures. Managing appeals are addressed and cover a wide variety of topics including variation of time periods; court assistance through case management; judicial dispute resolution; and curing irregularities. The memorandum reviews powers of the court and concludes that the court’s jurisdiction should be stated in primary legislation rather than in a regulation. The Committee recommends that court’s power to dispose of an appeal summarily should be stated expressly, and considers what powers should be held by court officers in order o allow the court to function effectively and efficiently.
Consultation Memoranda
Back to Publication SearchRules: Civil Appeals, Consultation Memorandum 12.21
Resource Details
Publication No: | 12.21 |
FORMAT: | Publications |
TAGS: | Appeal, Court, evidence, Limitation, Practice, Rule, Service, Substantive, Validity |
FILE: | cm01221.pdf |