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Section 23:
Appeals
Proposal 48
Rules designed to enable the substantive hearing of appeals to be dealt with efficiently,
including rules enabling the Court of Appeal to give directions case managing the hearing,
should be adopted.
Interim Report paras 540, 542-543
Proposal 48 canvasses the adoption of a procedure similar to that used under the CPR
to facilitate the case management of appeals: when the parties are given notice of the
hearing date they receive from the court a questionnaire requiring them to provide
information about the appeal and its state of preparation, including time estimates
from the respective advocates who are to conduct the appeal.
Another procedure mentioned for consideration is sometimes used where judgment is
reserved and where consequential orders will need to be addressed when judgment is
delivered. The relevant practice direction
provides that a copy of the judgment may
be given to the legal advisers "by 4 pm on the second working day before judgment is
due to be pronounced on the condition that the contents are not communicated to the
parties themselves until one hour before the listed time for pronouncement of
judgment." This is done with the intention of enabling the advocates to deal
efficiently with any consequential orders when the court re-convenes.
Notes
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