9.—(1) The appellant must file the appellant’s Case (called in this Order the Appellant’s Case) within the time specified in Rule 8.
(2) The respondent must file the respondent’s Case (called in this Order the Respondent’s Case) —
(a)
within one month after service on the respondent 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 the respondent of the Appellant’s Case and the core bundle.
(3) 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 must file, at the same time as the Respondent’s Case, a supplemental core bundle (called in this Order the Respondent’s supplemental core bundle) which is to 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 must cross-refer each document to its location in the record of appeal or joint record of appeal, as the case may be.
(4) The form of the Case must comply with the following requirements:
(a)
it must consist of paragraphs numbered consecutively;
(b)
it must 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 of those contentions; and
(iv)
the reasons for or against the appeal, as the case may be;
(c)
it must 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 the Respondent’s supplemental core bundle (if any);
(d)
care must be taken to avoid, as far as possible, the recital of long extracts from the record of appeal or the core bundle.
(5) 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 mentioned 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 17 to adduce the fresh evidence.
(6) 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.
(7) An appellant must file an Appellant’s Reply within 2 weeks after service on the appellant 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 mentioned in sub-paragraph (a) as stated in the Respondent’s Case.
(8) The Appellant’s Reply must be limited to addressing the issues referred to in paragraph (7)(a) raised by the respondent in the Respondent’s Case.
(9) If the appellant intends to refer to any document in the Appellant’s Reply or at the appeal, and that document is not included in either the core bundle or the Respondent’s supplemental core bundle, the appellant must file, at the same time as the Appellant’s Reply, a supplemental core bundle (called in this Order the Appellant’s supplemental core bundle) containing —
(a)
any additional documents that are not included in the core bundle and the Respondent’s supplemental core bundle; and
(b)
an index of the documents included in the Appellant’s supplemental core bundle, which cross-refers each such document to its location in the record of appeal or joint record of appeal, as the case may be.
(10) Unless the context otherwise requires, this Rule and Rule 11 apply, with the necessary modifications, in relation to an Appellant’s Reply as they apply in relation to a Case.
(11) Except with the leave of the Appellate Division, a respondent is not 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 the Respondent’s 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 the Respondent’s Case.
(12) A Case may be amended at any time with the leave of the Appellate Division.
(13) 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.
(14) 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 Appellate Division.
(15) 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.
(16) All the appellants may join in one Appellants’ Case, and all the respondents may similarly join in one Respondents’ Case.
(17) 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.
(18) The filing of a joint Case on behalf of both appellant and respondent may be permitted in special circumstances.
(19) No Case need be filed in any interlocutory matter or application to be heard by the Appellate Division, but Cases must be filed in any appeal arising from any interlocutory order.
(20) A party to an appeal must file together with the party’s 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.
(21) A respondent who fails to file the Respondent’s Case within the time specified in paragraph (2) may be heard only with the leave of the Appellate Division and on such terms and conditions as the Appellate Division may impose.
(22) Except with the leave of the Appellate Division, a party cannot file any bundle of documents for an appeal before the Appellate Division, other than —
