Application to Court of Appeal for leave to appeal against decision of General Division or Appellate Division (O. 57, r. 2A)
2A.—(1) Subject to paragraph (2), an application to the Court of Appeal for leave to appeal to that Court against a decision of the General Division or the Appellate Division must be made within 7 days after the date of the decision of the General Division or the Appellate Division, as the case may be.
(2) An application to the Court of Appeal for leave to appeal to that Court against a decision to which section 29B of the Supreme Court of Judicature Act applies must be made within 7 days after —
(a)
in any case where the Judge who made the decision hears further arguments in respect of the decision — the date the Judge affirms, varies or sets aside the decision after hearing further arguments;
(b)
in any case where a request for further arguments was made, but the Judge who made the decision certifies, or is deemed to have certified, that no further arguments are required — the date the Judge certifies, or is deemed to have certified, that no further arguments are required; or
(c)
in any other case — the earlier of the following:
(i)
the time on which the judgment or order relating to the decision is extracted;
(ii)
the 15th day after the date on which the decision is made.
(3) For the purposes of section 47(3) of the Supreme Court of Judicature Act, in deciding whether to grant leave under section 47(1) of that Act, the Court of Appeal is to have regard (in addition to the matter specified in section 47(2) of that Act of whether the appeal will raise a point of law of public importance) to whether it is appropriate for that Court to hear a further appeal from the Appellate Division, taking into account all relevant matters, including either or both of the following:
(a)
whether a decision of the Court of Appeal is required to resolve the point of law;
(b)
whether the interests of the administration of justice, either generally or in the particular case, require the consideration by the Court of Appeal of the point of law.
(4) Despite paragraphs (1) and (2), where —
(a)
a party has made an application to the Appellate Division for leave to appeal against a decision of the General Division under Order 56A, Rule 3 within the time provided under that Rule; and
(b)
the Appellate Division has decided that the court from which leave to appeal must be obtained, or which may grant leave to appeal, is the Court of Appeal,
that party may make an application to the Court of Appeal for leave to appeal against the General Division’s decision mentioned in sub-paragraph (a) within 14 days after the date of the Registrar’s notification of the Appellate Division’s decision mentioned in sub-paragraph (b).
(5) A party applying for leave under this Rule —
(a)
must file written submissions in accordance with practice directions issued by the Registrar; and
(b)
may file a bundle of documents comprising not more than 20 pages of documents that are relevant to the application and that were filed in the proceedings below, such as the whole or a part of the notes of evidence, pleadings and affidavits.
(6) The application and written submissions mentioned in paragraph (5)(a) and bundle of documents mentioned in paragraph (5)(b), if any, must be filed and served on all other parties to the proceedings in which the judgment or order was obtained, or on their solicitors.
(7) A party who wishes to oppose an application for leave under this Rule —
(a)
must file written submissions in accordance with practice directions issued by the Registrar; and
(b)
may, together with the written submissions mentioned in sub-paragraph (a), file a bundle of documents comprising not more than 20 pages of documents that are relevant to the application and that were filed in the proceedings below, such as the whole or a part of the notes of evidence, pleadings and affidavits,
within 7 days after the application, written submissions mentioned in paragraph (5)(a) and bundle of documents mentioned in paragraph (5)(b), if any, are served on the party.
(8) The written submissions mentioned in paragraph (7)(a) and bundle of documents mentioned in paragraph (7)(b), if any, must be served on all other parties to the proceedings in which the judgment or order was obtained, or on their solicitors.
(9) No affidavit is to be filed in an application for leave under this Rule without the leave of the Court of Appeal.
(10) A party who has obtained leave to appeal to the Court of Appeal under this Rule must file and serve a notice of appeal within one month after such leave is given.
