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The proposed introduction of a case management questionnaire was thought unhelpful
by all the judges of the Court of Appeal and is therefore not recommended.
However, in accordance with the unanimous views of those judges, the Working Party
recommends that procedures be introduced to enable interlocutory applications
relating to pending appeals (eg, for a stay of execution or for security for the costs of
the appeal) to be dealt with on paper by two Justices of Appeal without a hearing,
giving brief reasons for their decision; or, if appropriate, directing that there should be
a hearing before themselves or before a panel of three judges. Appeals from such
decisions should be subject to the usual requirements of the Court of Final Appeal for
leave to appeal in respect of interlocutory questions.
Appeals to the Court of Appeal are presently in the nature of a re-hearing where the
facts may be re-assessed and, exceptionally, new evidence admitted. Consultees were
generally against changing this and were not in favour of the Court of Appeal moving
more towards a function of reviewing the lower court's decision, as has occurred in
England and Wales under the CPR. The Working Party agrees and does not
recommend change in this context.
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