CJR Final Report, Section 23: Appeals

Order 59 r 9(3) provides for the pre-hearing case management of appeals to the Court

of Appeal as follows :-

"At any time after an appeal has been set down in accordance with rule 5 the Registrar may

give such directions in relation to the documents to be produced at the appeal, and the manner

in which they are to be presented, and as to other matters incidental to the conduct of the

appeal, as appear best adapted to secure the just, expeditious and economical disposal of the

appeal."

It is supplemented by the Practice Direction on Civil Appeals 4.1/6 §§23-26 in the

following terms :-

"23.

The Registrar of Civil Appeals may, at any stage after an appeal has been set down,

consider whether to exercise the powers conferred on the Registrar by O 59 r 9(3) and

(4) of the Rules of the High Court to give such directions in relation to the documents

to be produced at the appeal, and the manner in which they are required to be

produced and as to other matters incidental to the conduct of the appeal, as appear

best adapted to secure the just, expeditious and economical disposal of the appeal.

24.

Before giving any such directions the Registrar of Civil Appeals may consult the

Vice-President or Justice of Appeal who is expected to preside at the hearing of the

appeal.

25.

Such directions may be communicated to the parties either on paper or at a hearing

and any hearing will, if appropriate, be held before the Registrar of Civil Appeals or

that Vice-President or Justice of Appeal.

26.

The directions to be given may include appropriate directions as to length of time to

be allowed to each party for oral argument."

Additionally, the Court of Appeal has all the powers of case management exercisable

by the CFI

and sometimes holds directions hearings, usually conducted by the single

judge, in advance of particularly long or complex appeals.

Notes