1. This Order applies to every appeal to the Court of Appeal (including so far as it is applicable thereto, any appeal to that Court from any tribunal from which an appeal lies to that Court under any written law) not being an appeal for which other provision is made by these Rules.
Application of Order to applications for new trial (O. 57, r. 2)
2. This Order (except so much of Rule 3(1) as provides that an appeal shall be by way of rehearing and except Rule 14(1)) applies to an application to the Court of Appeal for a new trial or to set aside a finding or judgment after trial, as it applies to an appeal to that Court, and references in this Order to an appeal and to an appellant shall be construed accordingly.
Notice of appeal (O. 57, r. 3)
3.—(1) An appeal to the Court of Appeal shall be by way of rehearing and must be brought by notice of appeal in Form 112.
(2) Notice of appeal may be given either in respect of the whole or in respect of any specified part of the judgment or order of the Court below; and every such notice must state whether the whole or part only, and what part, of the judgment or order is complained of, contain an address for service, and be signed by the appellant or his solicitor.
For the avoidance of doubt, any party who desires to contend that the decision of the Court below should be varied in any event must file and serve a notice of appeal.
(3) The appellant must at the time of filing the notice of appeal provide security for the respondent’s costs of the appeal in the sum of $10,000 or such other sum as may be fixed from time to time by the Chief Justice by —
(a)
depositing the sum in the Registry or with the Accountant‑General and obtaining a certificate in Form 115; or
(b)
procuring an undertaking in Form 116 from his solicitor and filing a certificate in Form 117.
(3A) Where costs are payable by the appellant to the respondent under any order made by the Court of Appeal —
(a)
the deposit or sum held pursuant to the undertaking referred to in paragraph (3)(a) or (b) shall be paid out without set-off to the respondent towards partial or total satisfaction (as the case may be) of such costs; and
(b)
the balance, if any, of the deposit or sum held pursuant to the undertaking shall be paid out to the appellant,
unless the Court of Appeal otherwise orders.
(3B) Where no costs are payable by the appellant to the respondent under any order made by the Court of Appeal —
(a)
the deposit referred to in paragraph (3)(a) shall be paid out to the appellant; or
(b)
the undertaking referred to in paragraph (3)(b) shall be discharged,
unless the Court of Appeal otherwise orders.
(4) The Court of Appeal may at any time, in any case where it thinks fit, order further security for costs to be given.
(5) The Registrar must assign a number to the notice of appeal and enter the appeal on the list of appeals, stating therein the title of the cause or matter, the name of the appellant and his solicitor, if any, and the date of such entry.
(6) The notice of appeal must be served on all parties to the proceedings in the Court below who are directly affected by the appeal or their solicitors respectively at the time of filing the notice of appeal; and, subject to Rule 10, it shall not be necessary to serve the notice on parties not so affected.
Time for appealing (O. 57, r. 4)
4. Subject to this Rule, every notice of appeal must be filed and served under Rule 3(6) within one month —
(a)
in the case of an appeal from an order in Chambers, from the date when the order was pronounced or when the appellant first had notice thereof;
(b)
in the case of an appeal against the refusal of an application, from the date of the refusal; and
(c)
in all other cases, from the date on which the judgment or order appealed against was pronounced.
Record of proceedings (O. 57, r. 5)
5.—(1) When a notice of appeal has been filed, the Judge who gave the judgment or made the order must, unless the judgment was written, certify in writing the grounds of the judgment or order:
Provided that if no certified ground of the judgment or order has been given by the Judge within a period of 6 months from the date of the notice of appeal, the appellant shall nonetheless proceed with the appeal and apply in writing to the Registrar for a copy of the record of proceedings as hereafter provided.
(2) As soon as possible after notice of appeal has been filed, the Registrar shall cause to be served on the appellant or his solicitor at his address for service specified in the notice of appeal a notice that a copy of the record of proceedings is available and thereupon the appellant or his solicitor shall pay the prescribed fee.
(3) The record of proceedings shall consist of a certified copy of the judgment or grounds of judgment or order (if any), and a copy of the certified transcript of the official record of hearing taken at the hearing of the cause or matter.
6. [Deleted by S 194/94]
7. [Deleted by S 194/94]
8. [Deleted by S 194/94]
Record of Appeal and Appellant’s Case (O. 57, r. 9)
9.—(1) Within 2 months after service of the notice referred to in Rule 5(2), the appellant must file —
(a)
one copy of the record of appeal;
(b)
subject to Rule 9A, the Appellant’s Case referred to in that Rule; and
(c)
a core bundle of documents (referred to in this Order as the core bundle),
and serve a copy each thereof on every respondent to the appeal or his solicitor except that if the appeal is to be heard by a Court of Appeal consisting of 2 Judges of Appeal, these documents shall be filed and served within one month after service of the notice referred to in Rule 5(2).
(2) The record of appeal shall consist of a copy each of —
(a)
the notice of appeal;
(b)
the certificate of payment of security for costs;
(c)
the record of proceedings referred to in Rule 5(3);
(ca)
the affidavits of evidence-in-chief;
(d)
the documents in the nature of pleadings;
(e)
other documents, so far as are relevant to the matter decided and the nature of the appeal; and
(f)
the judgment or order appealed from.
(2A) The core bundle shall contain —
(a)
a copy of the grounds of the judgment or order referred to in Rule 5(1);
(b)
[Deleted by S 612/2001]
(c)
other documents, including notes of evidence, pleadings and affidavits, or portions thereof, that are relevant to any question in the appeal or will be referred to in the Appellant’s Case, the Respondent’s Case or the joint Case or at the appeal;
(d)
the judgment or order appealed from; and
(e)
an index of the documents included therein, which shall cross-refer each document to its location in the record of appeal or joint record of appeal, as the case may be.
(3) A draft index of the documents to be included in the record of appeal shall be sent by the appellant’s solicitor to the solicitors for the respondents who or (if more than one) any of whom may within 3 days object to the inclusion or exclusion of any document. Where in the course of preparation of the record one party objects to the inclusion of a document on the ground that it is unnecessary or irrelevant and the other party nevertheless insists on its being included, the record, as finally printed or typed shall, with a view to the subsequent adjustment of the costs of and incidental to such document, indicate, in the index of papers, or otherwise, the fact that, and the party by whom, the inclusion of the document was objected to.
(4) Where an appellant omits to comply with paragraph (1), the appeal shall be deemed to have been withdrawn, but nothing in this Rule shall be deemed to limit or restrict the powers of extending time conferred upon the Court of Appeal.
(4A) Where an appeal is deemed to have been withdrawn pursuant to paragraph (4) and all the parties to the appeal consent to the payment of any sum lodged in Court or sum held pursuant to a solicitor’s undertaking as security for the costs of the appeal to the appellant, the appellant shall file the document signifying such consent signed by the parties or by their solicitor, and in such event any sum lodged in Court as security for the costs of the appeal shall be paid out to the appellant or any solicitor’s undertaking shall be discharged.
(5) In the event of a cross-appeal, a joint record of appeal may be filed if all the parties to the appeal and the cross-appeal consent.
(6) Written notice of intention to file such a joint record must be given to the Registrar within the time specified in paragraph (1).
(7) Subject to paragraph (5), any party to the appeal or the cross‑appeal may apply to the Registrar for directions as to the filing of the record of appeal.
Preparation of Cases (O. 57, r. 9A)
9A.—(1) The appellant must file his Case (referred to in this Order as the Appellant’s Case) within the time specified in Rule 9.
(2) The respondent must file his Case (referred to in this Order as the Respondent’s Case) —
(a)
within one month after service on him of the record of appeal, the Appellant’s Case and the core bundle; or
(b)
in the event a joint record of appeal is filed, within one month after service on him of the Appellant’s Case and the core bundle.
(2A) If the respondent intends to refer to any document in the Respondent’s Case or at the appeal, and such document is not included in the core bundle, the respondent shall file, at the same time as his case, a supplemental core bundle which shall contain —
(a)
such additional documents as are not included in the core bundle; and
(b)
an index of the documents included in the supplemental core bundle, which shall cross-refer each document to its location in the record of appeal or joint record of appeal, as the case may be.
(3) The form of the Case shall comply with the following requirements:
(a)
it shall consist of paragraphs numbered consecutively;
(b)
it shall state, as concisely as possible —
(i)
the circumstances out of which the appeal arises;
(ii)
the issues arising in the appeal;
(iii)
the contentions to be urged by the party filing it and the authorities in support thereof; and
(iv)
the reasons for or against the appeal, as the case may be;
(c)
it shall be in the same size and style as the record of appeal and the core bundles with alphabetical lettering in the left hand margin at every fifth line, the first letter “A” being placed against the first line in each page, and with references in the right hand margin to the relevant pages of the record of appeal, the core bundle and any supplemental core bundle; and
(d)
care shall be taken to avoid, as far as possible, the recital of long extracts from the record of appeal or the core bundle.
(4) If a party —
(a)
is abandoning any point taken in the Court below; or
(b)
intends to apply in the course of the hearing for leave to introduce a new point not taken in the Court below,
this should be stated clearly in the Case, and if the new point referred to in sub-paragraph (b) involves the introduction of fresh evidence, this should also be stated clearly in the Case and an application for leave must be made under Rule 16 to adduce the fresh evidence.
(5) A respondent who, not having appealed from the decision of the Court below, desires to contend on the appeal that the decision of that Court should be varied in the event of an appeal being allowed in whole or in part, or that the decision of that Court should be affirmed on grounds other than those relied upon by that Court, must state so in his Case, specifying the grounds of that contention.
(5A) An appellant must file an Appellant’s Reply within 2 weeks after service on him of the Respondent’s Case where —
(a)
the respondent states in the Respondent’s Case that the decision of the Court below should be varied in the event of an appeal being allowed in whole or in part, or that the decision of that Court should be affirmed on grounds other than those relied upon by that Court; and
(b)
the appellant disagrees with any of the grounds of contention of the respondent referred to in sub-paragraph (a) as stated in the Respondent’s Case.
(5B) The Appellant’s Reply shall be limited to addressing the issues referred to in paragraph (5A)(a) raised by the respondent in the Respondent’s Case.
(5C) Unless the context otherwise requires, this Rule and Rule 10 shall apply, with the necessary modifications, in relation to an Appellant’s Reply as it applies in relation to a Case.
(6) Except with the leave of the Court of Appeal, a respondent shall not be entitled on the hearing of the appeal —
(a)
to contend that the decision of the Court below should be varied upon grounds not specified in his Case;
(b)
to apply for any relief not so specified; or
(c)
to support the decision of the Court below upon any grounds not relied upon by that Court or specified in his Case.
(7) A Case may be amended at any time with the leave of the Court of Appeal.
(8) Except to such extent as may be necessary to the development of the argument, a Case need not set out or summarise the judgment of the Court below, nor set out statutory provisions, nor contain an account of the proceedings below or of the facts of the case.
(9) Every Case must conclude with a numbered summary of the reasons upon which the argument is founded, and must bear the name and signature of the solicitor who has prepared the Case or who will appear before the Court of Appeal.
(10) The solicitor of any party, in drafting a Case, should assume that it will be read in conjunction with the documents included in the core bundle and any supplemental core bundle.
(11) All the appellants may join in one Appellants’ Case, and all the respondents may similarly join in one Respondents’ Case.
(12) A party whose interest in the appeal is passive (such as a stake-holder, a trustee or an executor) is not required to file a separate Case but should ensure that his position is explained in one of the Cases filed.
(13) The filing of a joint Case on behalf of both appellant and respondent may be permitted in special circumstances.
(14) [Deleted by S 612/98]
(15) No Case need be filed in any interlocutory matter or application to be heard by the Court of Appeal but Cases must be filed in any appeal arising from any interlocutory order.
(16) A party to an appeal shall file together with his Case a bundle of authorities relied on by the Court below as well as other authorities to be relied on at the hearing of the appeal and serve such bundle of authorities on the other party.
(17) A respondent who fails to file his Case within the time specified in paragraph (2) may be heard only with the leave of the Court of Appeal and on such terms and conditions as the Court of Appeal may impose.
(18) Where 2 or more appeals arise from the same judgment or order below, an appellant or a respondent to one or more of the appeals may apply to a Judge of Appeal or, if one is not available, to a Judge (including the Judge hearing the proceedings in the Court below), for leave to file a single Case, record of appeal or core bundle covering all such appeals.
Directions of Court as to service (O. 57, r. 10)
10.—(1) The Court of Appeal may in any case direct that the record of appeal, the core bundle, any supplemental core bundle and the Cases be served on any party to the proceedings in the Court below on whom it has not been served, or on any person not party to those proceedings.
(2) In any case in which the Court of Appeal directs the record of appeal, the core bundle, any supplemental core bundle and the Cases to be served on any party or person, the Court may also direct that a Case be filed by such party or person.
(3) The Court of Appeal may in any case where it gives a direction under this Rule —
(a)
postpone or adjourn the hearing of the appeal for such period and on such terms as may be just; and
(b)
give such judgment and make such order on the appeal as might have been given or made if the persons served in pursuance of the direction had originally been parties.
Withdrawal of appeal (O. 57, r. 11)
11.—(1) An appellant may at any time before his appeal is called on for hearing, file and serve on the parties to the appeal a notice to the effect that he does not intend further to prosecute the appeal.
(2) If all parties to the appeal consent to the intended withdrawal of the appeal, the appellant must file the document signifying such consent signed by the parties or by their solicitor, and the appeal shall thereupon be deemed to have been withdrawn and shall be struck out of the list of appeals by the Registrar; in such event any sum lodged in Court as security for the costs of the appeal shall be paid out to the appellant or any solicitor’s undertaking shall be discharged.
(3) If all the parties do not consent to the intended withdrawal of the appeal, the appeal shall remain on the list, and shall come on for the hearing of any issue as to costs or otherwise remaining outstanding between the parties, and for the making of an order as to the disposal of any sum lodged in Court or sum held pursuant to any solicitor’s undertaking as security for the costs of the appeal.
12. [Deleted by S 194/94]
General powers of Court (O. 57, r. 13)
13.—(1) In relation to an appeal, the Court of Appeal shall have all the powers and duties as to amendment and otherwise of the High Court.
(2) The Court of Appeal shall have power to receive further evidence on questions of fact, either by oral examination in Court, by affidavit, or by deposition taken before an examiner, but, in the case of an appeal from a judgment after trial or hearing of any cause or matter on the merits, no such further evidence (other than evidence as to matters which have occurred after the date of trial or hearing) shall be admitted except on special grounds.
(3) The Court of Appeal shall have power to draw inferences of fact and to give any judgment and make any order which ought to have been given or made, and to make such further or other order as the case may require.
(4) The powers of the Court of Appeal under paragraphs (1), (2) and (3) may be exercised notwithstanding that —
(a)
no notice of appeal has been given in respect of any particular part of the decision of the Court below or by any particular party to the proceedings in that Court; or
(b)
any ground for allowing the appeal or for affirming or varying the decision of that Court is not specified in any of the Cases filed pursuant to Rule 9A or 10,
and the Court of Appeal may make any order, on such terms as the Court thinks just, to ensure the determination on the merits of the real question in controversy between the parties.
(5) The powers of the Court of Appeal in respect of an appeal shall not be restricted by reason of any interlocutory order from which there has been no appeal.
Powers of Court as to new trial (O. 57, r. 14)
14.—(1) On the hearing of any appeal the Court of Appeal may, if it thinks fit, make any such order as could be made in pursuance of an application for a new trial or to set aside any finding or judgment of the Court below.
(2) The Court of Appeal shall not be bound to order a new trial on the ground of misdirection, or of the improper admission or rejection of evidence, unless in the opinion of the Court of Appeal some substantial wrong has been thereby occasioned.
(3) A new trial may be ordered on any question without interfering with the finding or decision on any other question; and if it appears to the Court of Appeal that any such wrong as is mentioned in paragraph (2) affects part only of the matter in controversy, or one or some only of the parties, the Court may order a new trial as to that part only, or as to that party or those parties only, and give final judgment as to the remainder.
(4) In any appeal on the ground that damages awarded are excessive or inadequate, the Court of Appeal may, in lieu of ordering a new trial —
(a)
substitute for the sum awarded such sum as appears to the Court to be proper; or
(b)
reduce or increase the sum awarded by such amount as appears to the Court to be proper in respect of any distinct head of damages erroneously included in or excluded from the sum so awarded,
but except as aforesaid the Court of Appeal shall not have power to reduce or increase the damages.
(5) A new trial shall not be ordered by reason of the ruling of any Judge that a document is sufficiently stamped or does not require to be stamped.
Stay of execution, etc. (O. 57, r. 15)
15.—(1) Except so far as the Court below or the Court of Appeal may otherwise direct —
(a)
an appeal shall not operate as a stay of execution or of proceedings under the decision of the Court below; and
(b)
no intermediate act or proceeding shall be invalidated by an appeal.
(2) On an appeal from the High Court, interest for such time as execution has been delayed by the appeal shall be allowed unless the Court otherwise orders.
Applications to Court of Appeal (O. 57, r. 16)
16.—(1) Every application to the Court of Appeal shall be made either by originating summons or, in an appeal before the Court of Appeal, by summons.
(2) Any application to the Court of Appeal for leave to appeal (other than an application made after the expiration of the time for appealing) must, if the appellant is acting in person, be made ex parte in the first instance; but unless the application is then dismissed or it appears to that Court that undue hardship would be caused by an adjournment, the Court shall adjourn the application and give directions for the service of the application on the party or parties affected.
(3) Where an ex parte application has been refused by the Court below, an application for a similar purpose may be made to the Court of Appeal ex parte within 7 days after the date of the refusal.
(4) Whenever under these Rules an application may be made either to the Court below or to the Court of Appeal, it shall not be made in the first instance to the Court of Appeal, except where there are special circumstances which make it impossible or impracticable to apply to the Court below.
(5) Where a party files an application to be heard by the Court of Appeal, and Rule 3(3) does not apply, the party must at the time of filing the application provide security for the opposing party’s costs of the application in the sum of $5,000 or such other sum as may be fixed from time to time by the Chief Justice by —
(a)
depositing the sum in the Registry or with the Accountant‑General and obtaining a certificate in Form 115; or
(b)
procuring an undertaking in Form 116 from his solicitor and filing a certificate in Form 117.
(6) Paragraph (5) shall not apply to any application filed in a pending appeal before the Court of Appeal, where security for the respondent’s costs of the appeal has been previously provided under Rule 3(3).
(7) An applicant may at any time before his application is called on for hearing, file and serve on the parties to the application a notice to the effect that he does not intend further to prosecute the application.
(8) If all parties to the application consent to the intended withdrawal of the application, the applicant must file the document signifying such consent signed by the parties or by their solicitor, and the application shall thereupon be deemed to have been withdrawn and shall be struck out of the list of appeals by the Registrar; in such event any sum lodged in Court as security for the costs of the application shall be paid out to the applicant or any solicitor’s undertaking shall be discharged.
(9) If any party does not consent to the intended withdrawal of the application, the application shall remain on the list, and shall come on for the hearing of any issue as to costs or otherwise remaining outstanding between the parties, and for the making of an order as to the disposal of any sum lodged in Court or sum held pursuant to any solicitor’s undertaking as security for the costs of the application.
(10) Any application to the Court of Appeal to strike out a notice of appeal must be made by summons supported by affidavit stating the grounds of the application.
(11) The summons and the supporting affidavit referred to in paragraph (10) must be filed and served by the applicant on the parties to the application within 14 days after service of the notice of appeal on the applicant.
(12) A party to the application referred to in paragraph (11), who wishes to reply to the applicant’s affidavit, must file and serve his affidavit in reply, on the applicant and the other parties to the application, within 14 days after service of the applicant’s summons and affidavit on that party.
(13) No further affidavit shall be received in evidence without the leave of the Court of Appeal.
Extension of time (O. 57, r. 17)
17. Without prejudice to the power of the Court of Appeal under Order 3, Rule 4 to extend the time prescribed by any provision of this Order, the period for filing and serving the notice of appeal under Rule 4 or for making an application ex parte under Rule 16(3) may be extended by the Court below on application made before the expiration of that period.
Appellant or respondent not appearing (O. 57, r. 18)
18.—(1) If on any day fixed for the hearing of an appeal, the appellant does not appear in person or by an advocate, the appeal may be dismissed.
(2) If the appellant appears, and any respondent fails to appear, either in person or by an advocate, the appeal shall proceed in the absence of such respondent, unless the Court for any sufficient reason sees fit to adjourn the hearing thereof.
(3) Where any appeal is dismissed or allowed under paragraph (1) or (2), the party who was absent may apply to the Court of Appeal for the rehearing of the appeal and where it is proved that there was sufficient reason for the absence of such party, the Court of Appeal may order that the appeal be restored for hearing upon such terms as to costs or otherwise as it thinks fit.
(4) [Deleted by S 194/94]
Judgment (O. 57, r. 19)
19.—(1) The judgment of the Court of Appeal shall, subject to paragraph (3), be pronounced in open Court, either on the conclusion of the hearing of the appeal or on a subsequent day of which notice shall be given by the Registrar to the parties to the appeal.
(2) The judgment of the Court of Appeal may be pronounced in the absence of any of the Judges of Appeal who composed the Court of Appeal and the judgment of such Judge of Appeal may be read by any Judge present.
(3) Whenever the Court of Appeal has a written judgment or judgments to be delivered, it may deliver the judgment or judgments by directing copies thereof to be handed to the parties or their solicitors upon payment of the appropriate charges therefor.
(4) Where proceedings in the Court of Appeal are heard in camera pursuant to any written law, any judgment pronounced or delivered in such proceedings shall not be available for public inspection:
Provided that the Court of Appeal may, on such terms as it may impose, allow an inspection of such judgment by, or a copy thereof to be furnished to, a person who is not a party to the proceedings.
(5) Subject to paragraph (4), a copy of every judgment of the Court of Appeal shall be available for public inspection upon payment of the prescribed fee and a copy thereof may be handed to any member of the public upon payment of the appropriate charges therefor, and nothing in Order 60, Rule 4 shall apply to this Rule.
Expedited appeals and applications (O. 57, r. 20)
20.—(1) Where an appeal or application is one of urgency, any party may apply to a Judge of Appeal or, if one is not available, to a Judge (including the Judge hearing the proceedings in the Court below), for such directions as may be appropriate with a view to expediting the appeal or application for hearing before the Court of Appeal.
(2) Such an application shall be made by summons supported by affidavit or may, with the leave of the Judge of Appeal or the Judge, as the case may be, be made orally.
(3) Such an application may be made at any stage of the proceedings.
(4) The Judge of Appeal or the Judge, as the case may be, may deal with such an application in such manner as he considers fit in the interests of justice, including —
(a)
making directions without the need to inform or to hear any party; and
(b)
dispensing with compliance with any of these Rules (including this Rule) or any Practice Direction, or directing that such Rule or Practice Direction be modified in its application to the proceedings.
(5) Any party seeking a revocation or variation of any directions made under this Rule, or seeking further directions, may apply in the manner hereinbefore provided.
