|
|
BAHAMA ISLANDS (PROCEDURE IN APPEALS TO PRIVY COUNCIL)
ORDER, 1964 |
JUDICIAL COMMITTEE |
| | |
S.I. 1964 No. 2042 | | | | |
| | Made
.............................. 22nd December, 1964
Coming into Operation .......... 7th January, 1965 |
| | |
At the Court at
Buckingham Palace, the 22nd day of December, 1964 |
Present, |
The Queen's Most
Excellent Majesty in Council |
| |
Her Majesty,
by virtue and in the exercise of the powers in that behalf by section 1 of the
Judicial Committee Act 1844 [i]
or otherwise in Her Majesty vested, is pleased, by and with the advice of Her
Privy Council, to order, and it is hereby ordered, as follows- | |
1. This
Order may be cited as the Bahama Islands (Procedure in Appeals to Privy
Council) Order,1964. | Citation. |
2. (1) In
this Order, unless the context otherwise requires- | Interpretation. |
"appeal"
means appeal from a judgment of the Court to Her Majesty in Council; |
"Court"
means the Court of Appeal for the Bahama Islands; |
"judgment"
means a judgment of the Court given in the exercise of any jurisdiction
conferred upon it by any law for the time being in force in the Bahama Islands
and includes a decree, order, ruling, sentence or decision of the Court; |
"record"
means the aggregate of papers relating to an appeal (including pleadings,
proceedings, evidence and judgments) proper to be laid before Her Majesty in
Council on the hearing of an appeal; |
"Registrar"
means the Registrar of the Court or other proper officer having custody of the
records of that Court. |
(2) The
Interpretation Act 1889 [ii]
shall apply, with the necessary adaptations, for the purpose of interpreting
this Order and otherwise in relation thereto as it applies for the purposes of
interpreting, and in relation to, Acts of Parliament. |
3.
Applications to the Court for leave to appeal shall be made by motion or
petition within twenty-one days of the date of the judgment to be appealed
from, and the applicant shall give all other parties concerned notice of his
intended application. | Application for leave to appeal. |
4. Leave to
appeal to Her Majesty in Council in pursuance of the provisions of any law
relating to such appeal shall, in the first instance, be granted by the Court
only- | Conditional leave to appeal. |
(a) upon
condition of the appellant, within a period to be fixed by the Court but not
exceeding ninety days from the date of the hearing of the application for leave
to appeal, entering into good and sufficient security to the satisfaction of
the Court in a sum not exceeding one thousand pounds sterling for the due
prosecution of the appeal and the payment of all such costs as may become
payable by the applicant in the event of his not obtaining an order granting
him final leave to appeal, or of the appeal being dismissed for
non-prosecution, or of the Judicial Committee ordering the appellant to pay
costs of the appeal (as the case may be); and |
(b) upon such other
conditions (if any) as to the time or times within which the appellant shall
take the necessary steps for the purposes of procurring the preparation of the
record and the despatch thereof to England as the Court, having regard to all
the circumstances of the case, may think it reasonable to impose. |
5. A single
judge of the Court shall have power and jurisdiction- | Powers of a single judge. |
(a) to hear and
determine any application to the Court for leave to appeal in any case where
under any provision of law an appeal lies as of right from a decision of the
Court; |
(b) generally
in respect of any appeal pending before Her Majesty in Council, to make such
order and to give such other directions, as he shall consider the interests of
justice or circumstances of the case require: |
Provided that any
order, directions or decision made or given in pursuance of this section may be
varied, discharged or reversed by the Court when consisting of three judges
which may include the judge who made or gave the order, directions or decision. |
6. Where
the judgment appealed from requires the appellant to pay money or do any act,
the Court shall have power, when granting leave to appeal, either to direct
that the said judgment shall be carried into execution or that the execution
thereof shall be suspended pending the appeal, as to the Court shall seem just,
and in case the Court shall direct the said judgment to be carried into
execution, the person in whose favour it was given shall, before the execution
thereof, enter into good and sufficient security, to the satisfaction of the
Court, for the due performance of such Order as Her Majesty in Council shall
think fit to make thereon. | Stay of execution. |
7. For the
purposes of sections 4 and 6 of this Order, a person may provide security in
any manner that the Court may approve in his case, and for the avoidance of
doubts it is declared that such security may with the approval of the Court
consist in whole or in part of a deposit of money. | Manner of providing security. |
8. (1) The
preparation of the record shall be subject to the supervision of the Court, and
the parties may submit any disputed question arising in connection therewith to
the decision of the Court, and the Court shall give such directions thereon as
the justice of the case may require. | Preparation of record. |
(2) The Registrar,
as well as the parties and their legal agents, shall endeavour to exclude from
the record all documents (more particularly such as are merely formal) that are
not relevant to the subject-matter of the appeal and, generally, to reduce the
bulk of the record as far as practicable, taking special care to avoid the
duplication of documents and the unnecessary repetition of headings and other
merely formal parts of documents; but the documents omitted to be copied or
printed shall be enumerated in a list to be placed after the index or at the
end of the record. |
(3) Where in the
course of the preparation of a 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 upon its being included, the record, as finally printed
(whether in the Bahama Islands or in England), 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) The reasons
given by judges of the Court for or against any judgment pronounced in the
course of the proceedings out of which the appeal arises shall be communicated
by them in writing to the Registrar, and shall be included in the record. |
9. (1) The
record may be printed in the Bahama Islands or in England if the parties agree
to its being printed but in the absence of such agreement shall be duplicated
by process approved by the Registrar of the Privy Council. If the record is to
be printed it shall be printed in accordance with the Rules set forth in the
Schedule to this Order. | Printing of the record. |
(2) Where the
record is printed or duplicated in the Bahama Islands the Registrar shall, at
the expense of the appellant, transmit to the Registrar of the Privy Council
forty copies of such record, one of which copies he shall certify to be correct
by signing his name on, or initialling, every eighth page thereof and by
affixing thereto the seal of the Court. |
(3) Where the
record is to be printed or duplicated in England, the Registrar shall, at the
expense of the appellant, transmit to the Registrar of the Privy Council one
certified copy of such record, together with an index of all the papers and
exhibits in the case. No other certified copies of the record shall be
transmitted to the agents in England by or on behalf of the parties to the
appeal. |
(4) Where part of
the record is printed or duplicated in the Bahama Islands and part is to be
printed or duplicated in England, subsections (2) and (3) of this section
shall, as far as possible, apply to such parts as are printed or duplicated in
the Bahama Islands and such as are to be printed or duplicated in England
respectively. |
10. Where
there are two or more applications for leave to appeal arising out of the same
matter, and the Court is of opinion that it would be for the convenience of the
Lords of the Judicial Committee and all parties concerned that the appeals
should be consolidated, the Court may direct the appeals to be consolidated and
grant leave to appeal by a single order. | Consolidation of appeals. |
11. Where
an appellant, having obtained an order granting him conditional leave to
appeal, and having complied with the conditions imposed on him by such order,
fails thereafter to apply with due diligence to the Court for an order granting
him final leave to appeal, the Court may, on an application in that behalf made
by the respondent, rescind the order granting conditional leave to appeal,
notwithstanding the appellant's compliance with the conditions imposed by such
an order, and may give such directions as to the costs of the appeal and
security entered into by the appellant as the Court shall think fit, or make
such further or other order in the premises as, in the opinion of the Court,
the justice of the case requires. | Failure to prosecute appeal. |
12. (1) On
an application for final leave to appeal, the Court may enquire whether notice
or sufficient notice of the application has been given by the appellant to
parties concerned and, if not satisfied as to the notices given, may defer the
granting of the final leave to appeal, or may give such other directions in the
manner as, in the opinion of the Court, the justice of the case requires. | Notice to other parties. |
(2) The Registrar
shall, with all convenient speed, transmit to the Registrar of the Privy
Council a certificate to the effect that the respondent has received notice, or
is otherwise aware, of the order of the Court granting final leave to appeal
and of the transmission of the record to England. |
13. An
appellant who has obtained final leave to appeal shall prosecute his appeal in
accordance with the Rules for the time being regulating the general practice
and procedure in appeals to Her Majesty in Council. | Prosecution of appeal. |
14. (1) An
appellant who has obtained an order granting him conditional leave to appeal
may at any time prior to the making of an order granting him final leave to
appeal withdraw his appeal on such terms as to costs and otherwise as the Court
may direct. | Withdrawal of appeal. |
(2) Where an
appellant, having obtained final leave to appeal, desires, prior to the
dispatch of the record to England, to withdraw his appeal, the Court may, upon
an application in that behalf made by the appellant, grant him a certificate to
the effect that the appeal has been withdrawn, and the appeal shall there-upon
be deemed, as from the date of such certificate, to stand dismissed without
express Order of Her Majesty in Council, and the costs of the appeal and the
security entered into by the appellant shall be dealt with in such manner as
the Court may think fit to direct. |
15. Where
an appellant, having obtained final leave to appeal, fails to show due
diligence in taking all necessary steps for the purpose of procuring the
dispatch of the record to England, any respondent may, after giving the
appellant due notice of his intended application, apply to the Court for a
certificate that the appeal has not been effectually prosecuted by the
appellant, and if the Court sees fit to grant such a certificate the appeal
shall be deemed, as from the date of such certificate, to stand dismissed for
non-prosecution without express Order of Her Majesty in Council, and the costs
of the appeal and the security entered into by the appellant shall be dealt
with in such manner as the Court may think fit to direct. | Dismissal for non-prosecution. |
16. (1)
Where at any time between the order granting final leave to appeal and the
dispatch of the record to England, the record becomes defective by reason of
the death or change of status of a party to the appeal, the Court may,
notwithstanding the order granting final leave to appeal, on an application in
that behalf made by any person interested, grant a certificate showing who, in
the opinion of the Court, is the proper person to be substituted or entered on
the record in place of or in addition to the party who has died or undergone a
change of status, and the name of such person shall thereupon be deemed to be
so substituted or entered on the record as aforesaid without express Order of
Her Majesty in Council. | Substituting parties. |
(2) Where the
record subsequently to its dispatch to England becomes defective by reason of
the death or change of status of a party to the appeal, the Court shall, upon
an application in that behalf made by any person interested, cause a
certificate to be transmitted to the Registrar of the Privy Council showing
who, in the opinion of the Court, is the proper person to be substituted, or
entered on the record, in place of, or in addition to, the party who has died
or undergone a change of status. |
17. The
case of each party to the appeal may be printed or duplicated in the Bahama
Islands or in England and shall, in either event, be printed in accordance with
the Rules set forth in the Schedule to this Order, and shall be signed by at
least one of the counsel who attends at the hearing of the appeal, or by the
party himself if he conducts his appeal in person. | Printing of case. |
18. The
case shall consist of paragraphs numbered consecutively and shall state, as
concisely as possible, the circumstances out of which the appeal arises, the
contentions to be urged by the party lodging the case, and the reasons of
appeal. Reference by page and line to the relevant portions of the record as
printed shall, as far as practicable, be printed in the margin, and care should
be taken to avoid, as far as possible, the reprinting in the case of long
extracts from the record. The taxing officer in taxing the costs of the appeal
shall, either of his own motion or at the instance of any party, inquire into
any unnecessary prolixity in the case, and shall disallow the costs occasioned
thereby. | Form of case. |
19. Where
the Judicial Committee directs a party to bear the costs of an appeal incurred
in the Bahama Islands, such costs shall be taxed by the proper officer of the
Court in accordance with the rules for the time being regulating taxation in
the Court. | Costs in the Bahama Islands. |
20. Any
Order which Her Majesty in Council may think fit to make on an appeal from a
judgment of the Court may be enforced in like manner as any judgment of the
Court should or might have been executed. | Enforcing judgment. |
21. (1) In
respect of any appeal from a judgment of the Supreme Court of the Bahama Islands
commenced before the commencement of this Order, sections 35 and 36 of The
Supreme Court Act of the Bahama Islands shall continue in force and the appeal
may be continued and concluded as if this Order had not been made. | Pending proceedings. |
(2) Any Order that
Her Majesty in Council may see fit to make on any such appeal or any Order made
by Her Majesty before the commencement of this Order on an appeal from a
judgment of the Supreme Court of the Bahama Islands, but not enforced before
such commencement, may be enforced as if it were an Order made on appeal from
the judgment of the Court. |
W. G. Agnew. |
SCHEDULE (Sections 9(1) and 17) |
I. Records and
cases in appeals to Her Majesty in Council shall be printed in the form known
as demy quarto. |
II. The size of
the paper used shall be such that the sheet when folded and trimmed, will be 11
inches in height and 8½ inches in width. |
III. The type to
be used in the text shall be pica type, but long primer shall be used in
printing accounts, tabular matter and notes. |
IV. The number of
lines in each page of pica type shall be 47 or thereabouts, and every tenth
line shall be numbered in the margin. |
PART II |
Subsidiary
Legislation under the Judicial Committee Act, 1833 ( 3 & 4 Will. 4. c. 41)
of the United Kingdom |
|
JUDICIAL COMMITTEE RULES, 1957
|
S.I. 1957 No. 2224
[iii] |
| | |
| | | Made
................................. 20th December, 1957
Coming into Operation ........... 1st February, 1958 |
| | | |
At the Court at
Buckingham Palace, the 20th day of December, 1957 |
Present, |
The Queen's Most
Excellent Majesty in Council |
| | |
Whereas there was
this day read at the Board a representation from the Judicial Committee of the
Privy Council recommending that certain Orders in Council relating to the
practice and procedure in accordance with which the general appellate
jurisdiction of Her Majesty in Council is exercised, dated respectively the
second day of May, 1925 [iv],
the eighth day of August, 1932[v],
the thirtieth day of April, 1936[vi],
and the twenty-fifth day of February, 1944[vii],
ought to be revoked as from the first day of February, 1958, and that the
several rules thereunto annexed ought to be substituted therefor and ought to
come into operation on that date- | |
Now, therefore,
Her Majesty, having taken the said representation into consideration, and in
exercise of the powers conferred on Her by section twenty-four of the Judicial
Committee Act, 1833 [viii],
or otherwise in Her vested, is pleased, by and with the advice of Her Privy
Council, to approve thereof and to order, as it is hereby ordered, as follows- |
1. Revocation. |
The Orders in
Council mentioned in the said representation are hereby revoked, and the rules
thereunto annexed are substituted therefor, as set out in the Schedule to this
Order. |
2. Commencement. |
This Order shall
come into operation on the first day of February, 1958. |
ARRANGEMENT OF
RULES |
Rule. |
|
Leave to Appeal |
Leave to appeal generally. |
Special Leave to Appeal |
Form of Petition for special leave to appeal. |
Six copies of Petition to be lodged with
Affidavits in support. |
Time for lodging Petition. |
Security for costs and transmission of Record. |
|
Petitions for special leave to appeal in forma
pauperis. |
Exemption from paying fees. |
Exemption from payment of fees. |
Record and Appearance by
Appellant |
Record to be transmitted without delay. |
Printing or duplicating of Record. |
|
Record printed in England. |
Record printed partly abroad. |
Reasons for judgments to be included. |
Exclusion of unnecessary documents from Record. |
Documents objected to be indicated. |
Registration and numbering of Records. |
Inspection of Record by parties. |
|
Times within which a copy of a written Record
shall be bespoken. |
Preparation of copy of Record for printing. |
Lodging copy of Record for printing. |
|
Examination of proof of Record and striking off'
copies. |
|
How costs of printing Record to be borne. |
Petition of Appeal |
Times within which Petition shall be lodged. |
|
|
Withdrawal of Appeal |
Before Petition of Appeal has been lodged. |
After Petition of Appeal has been lodged. |
Non-prosecution of Appeal |
Where Appellant takes no step in prosecution. |
Non-prosecution after Appellant's appearance. |
Non-prosecution after lodgment of Petition of
Appeal. |
|
Appearance by Respondent |
Time within which Respondent may appear. |
Notice of Appearance by Respondent. |
|
|
Non-appearing Respondent. |
Procedure of non-appearance of Respondent. |
Respondent defending Appeal in forma
pauperis. |
Petitions Generally |
Mode of addressing Petitions. |
Orders on Petitions which need not be drawn up. |
|
|
|
Verifying Petition by Affidavit. |
Petition for Order of Revivor or Substitution. |
|
|
Times within which set-down Petitions shall be
heard. |
Notice to parties of day fixed for hearing. |
Procedure where Petition is consented to or is
formal. |
|
Procedure where hearing of Petition unduly
delayed. |
|
Case |
|
Printing or duplicating of Case. |
Number of copies to be lodged. |
|
|
|
|
Setting down Appeal and exchanging Cases. |
Binding Records, &c |
Mode of binding Records, &c. |
|
Hearing |
Notice of final date for setting down. |
Notice of day fixed for hearing. |
|
|
Judgment |
Notice of day fixed for Judgment. |
Costs |
|
|
|
|
Appeal from decision of Taxing Officer. |
Amount of taxed costs to be inserted in Her
Majesty's Order in Council. |
Taxation on pauper scale. |
|
Miscellaneous |
Power of Judicial Committee to excuse from
compliance with Rules. |
|
|
|
Scope of application of Rules. |
|
|
Schedule A
|
Rules as to printing and
duplicating.
|
|
Schedule B.-
|
I. Fees allowed to Agents.
|
|
|
II. Council Office Fees.
|
|
JUDICIAL
COMMITTEE RULES, 1957 |
1. (1) In these Rules,
unless the context otherwise requires- | Interpretation. |
"Appeal"
means an Appeal to Her Majesty in Council; |
"Judgment"
includes decree, order, sentence, or decision of any Court, Judge, or Judicial
Officer; |
"Record"
means the aggregate of papers relating to an Appeal (including the pleadings,
proceedings, evidence and judgments) proper to be laid before Her Majesty in
Council on the hearing of the Appeal; |
"Registrar"
means the Registrar or other proper officer having the custody of the records
in the Court appealed from; |
"Abroad"
means the country or place where the Court appealed from is situate; |
"Agent"
means a person qualified by virtue of Her late Majesty's Order in Council of
the 6th March, 1896 to conduct proceedings before Her Majesty in Council on
behalf of another; |
"Party"
and all words descriptive of parties to proceedings before Her Majesty in
Council (such as "Petitioner," "Appellant,"
"Respondent") mean, in respect of all acts proper to be done by an
Agent, the Agent of the party in question where such party is represented by an
Agent; |
"Respondent"
includes Intervener; |
"Month"
means calendar month. |
Words in the
singular shall include the plural, and words in the plural shall include the
singular. |
(2) Where by these
Rules any step is required to be taken in England in connection with
proceedings before Her Majesty in Council, whether in the way of lodging a
Petition or other document, entering an Appearance, lodging security, or
otherwise, such step shall be taken in the Registry of the Privy Council,
Downing Street, London. |
Leave to Appeal |
2. All Appeals shall be
brought either in pursuance of leave obtained from the Court appealed from, or,
in the absence of such leave, in pursuance of special leave to appeal granted
by Her Majesty in Council upon a Petition in that behalf presented by the
intending Appellant. | Leave to appeal generally. |
Special Leave to
Appeal |
3. A petition for special
leave to appeal to Her Majesty in Council shall state succinctly and clearly
all such facts as it may be necessary to state in order to enable the Judicial
Committee to advise Her Majesty whether such leave ought to be granted, and
shall be signed by the Counsel who attends at the hearing or by the party
himself if he appears in person. The Petition shall deal with the merits of the
case only so far as is necessary for the purpose of explaining and supporting
the particular grounds upon which special leave to appeal is sought. | Form of petition for special leave to appeal. |
4. The Petitioner shall
lodge at least six copies of his Petition for special leave to appeal together
with the Affidavit in support thereof prescribed by Rule 50 hereinafter
contained, and also six copies of the Judgment from which leave to appeal is
sought, and, unless a Caveat as prescribed by Rule 48 has been lodged by the
other parties who appeared in the Court below, an Affidavit of service of
notice of the intended application upon such parties or their Solicitors or
Agents, either abroad or in England. | Six copies of Petition to be lodged with Affidavits in
support. |
5. A Petition for special
leave to appeal shall in every case be lodged with the least possible delay
after the date of the judgment from which leave to appeal is sought. | Time for lodging Petition. |
6. Where the Judicial
Committee agree to advise Her Majesty to grant special leave to appeal, they
shall, in their Report, specify the amount of the security for costs (if any)
to be lodged by the Petitioner, and shall, unless the circumstances of a
particular case render such a course unnecessary, provide for the transmission
of the Record by the Registrar to the Registrar of the Privy Council and for
such further matters as the justice of the case may require. Unless otherwise
ordered the security shall be lodged at any time before the Appellant enters an
Appearance. | Security for costs and transmission of Record. |
7. Save as by the four
last preceding Rules other-wise provided, the provisions of Rules 47 to 50 and
52 to 59 (all inclusive) hereinafter contained shall apply mutatis mutandis to
Petitions for special leave to appeal. | General provisions. |
8. Rules 3 to 7 (both
inclusive) shall apply mutatis mutandis to Petitions for leave to appeal
in forma pauperis, but in addition to the Affidavits referred to in Rule
4 every such Petition shall be accompanied by an Affidavit from the Petitioner
stating that he is not worth £100 in the world excepting his wearing apparel
and his interest in the subject-matter of the intended Appeal, and that he is
unable to provide sureties, and also by a certificate of Counsel that the
Petitioner has reasonable ground of appeal. | Petitions for special leave to appeal in forma
pauperis. |
9. Where a Petitioner
obtains leave to appeal in forma pauperis, he shall not be required to
lodge security for the costs of the Respondent or to pay any Council Office
fees. | Exemption from paying fees. |
10. A Petitioner whose
Petition for leave to appeal in forma pauperis is dismissed may,
notwithstanding such dismissal, be excused from paying the Council Office fees
usually chargeable to a Petitioner in respect of a Petition for leave to
appeal, if Her Majesty in Council, on the advice of the Judicial Committee, shall
think fit so to order. | Exemption from payment of fees. |
Record and
Appearance by Appellant |
11. As soon as the
Appeal has been admitted, whether by an Order of the Court appealed from or by
an Order of Her Majesty in Council granting special leave to appeal, the
Appellant shall without delay take all necessary steps to have the Record
transmitted to the Registrar of the Privy Council, and the Registrar shall,
with all convenient speed, certify to the Registrar of the Privy Council that
the Respondent has received notice, or is otherwise aware, of the Order of the
Court appealed from admitting the Appeal, or of the Order of Her Majesty in
Council giving the Appellant special leave to appeal, and has also received
notice, or is otherwise aware, of the dispatch of the Record to England. Where
an Appellant who has obtained special leave to appeal by an Order of Her
Majesty in Council fails to have the Record transmitted to the Registrar of the
Privy Council with due diligence, the Registrar of the Privy Council shall call
upon the Appellant to explain his default, and if no explanation is offered, or
if the explanation offered is, in the opinion of the said Registrar insufficient,
the said Registrar may issue a Summons to the Appellant calling upon him to
show cause before the Judicial Committee at a time to be named in the said
Summons why the special leave to appeal granted should not be rescinded. The
Respondent shall be entitled to be heard before the Judicial Committee in the
matter of the said Summons and to ask for his costs and such other relief as he
may be advised. The Judicial Committee may, after considering the matter of the
said Summons, recommend to Her Majesty to rescind the grant of special leave to
appeal or give such other directions therein as the justice of the case may
require. | Record to be transmitted without delay. |
12. (a) The Record may
be printed either abroad or in England. | Printing or duplicating of Record. |
(b) When a written
Record is received from abroad it shall, unless the parties agree to its being
printed, be duplicated by a process approved by the Registrar of the Privy
Council, and Rules IV to XI contained in Schedule A hereto shall
apply. |
(c) If the Record
is printed it shall be printed in accordance with the Rules contained in
Schedule A hereto. |
(d) When the
Record is printed abroad the parties in England shall, upon perusal, consider
whether the order of the documents is in accordance with these Rules, and if it
is not, they shall agree upon the proper order. The Appellant shall then
rearrange copies of the Record for the use of the Judicial Committee and the
other parties. In the event of the parties being unable to agree, the matter
shall be referred to the Registrar of the Privy Council who, if he thinks fit,
may require the parties to attend before the Judicial Committee for directions. |
13. Where the Record is
printed abroad, the Registrar shall, at the expense of the Appellant, transmit
to the Registrar of the Privy Council 40 copies of such Record, one of which
copies he shall certify to be correct by signing his name on, or, initialling,
every eighth page thereof and by affixing thereto the seal, if any, of the
Court appealed from. | Record printed abroad. |
14. Where the Record is
to be printed or duplicated in England, the Registrar shall, at the expense of
the Appellant, transmit to the Registrar of the Privy Council one certified
copy of such Record, together with an index of all the papers and exhibits in
the case. No other certified copies of the Record shall be transmitted to the
Agents in England by or on behalf of the parties to the Appeal. | Record printed in England. |
15. Where part of the
Record is printed abroad and part is to be printed or duplicated in England,
Rules 13 and 14 shall, as far as practicable, apply to such parts as are
printed abroad and such as are to be printed or duplicated in England
respectively. | Record printed partly abroad. |
16. The reasons given by
the judge, or any of the judges, for or against any judgment pronounced in the
course of the proceedings out of which the Appeal arises, shall by such judge
or judges be communicated in writing to the Registrar and shall be included in
the Record. | Reasons for judgments to be included. |
17. The Registrar, as
well as the parties and their Agents, shall endeavour to exclude from the
Record all documents (more particularly such as are merely formal) that are not
relevant to the subject-matter of the Appeal, and, generally, to reduce the
bulk of the Record as far as practicable, taking special care to avoid the
unnecesssary repetition of documents and headings and other merely formal parts
of documents; but the documents omitted to be printed or copied shall be
enumerated in a typewritten list to be transmitted with the Record. | Exclusion of unnecessary documents from Record. |
18. Where in the course
of the preparation of a 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 upon its being included, the Record, as finally printed
abroad or printed or duplicated in England, 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. | Documents objected to be indicated. |
19. As soon as the
Record is received in the Registry of the Privy Council, it shall be registered
in the said Registry, with the date of arrival, the names of the parties, and
the description whether "printed" or "written." A Record,
or any part of a record, not printed in accordance with the Rules contained in
Schedule A hereto shall be treated as written. Appeals shall be numbered consecutively
in each year in the order in which the Records are received in the said
Registry. | Registration and numbering of Records. |
20. The parties shall be
entitled to inspect the Record and to extract all necessary particulars
therefrom for the purpose of entering an Appearance. | Inspection of Record by parties. |
21. The Appellant shall
enter an Appearance before taking any step in the prosecution of the Appeal,
and after entering such Appearance, shall forthwith give notice thereof to the
Respondent, if the latter has entered an Appearance. | Appearance of Appellant. |
22. Where the Record
arrives in England either wholly written, or partly written and partly printed,
the Appellant shall, within a period of two months from the date of such
arrival, enter an Appearance and bespeak a typewritten copy of the Record, or
of such parts thereof as it may be necessary to have copied, and shall engage
to pay the cost of preparing such copy at the current rate; and shall also
engage to pay at such price as shall be fixed by the Registrar of the Privy
Council the cost of printing or duplicating at least 40 copies thereof. | Times within which a copy of a written Record shall be
bespoken. |
23. As soon as the
Appellant has obtained the typewritten copy of the Record bespoken by him, he
shall proceed, with due diligence, to arrange the documents in suitable order,
to check the index, to insert marginal notes and check the same with the index,
and, generally, to do whatever may be required for the purpose of preparing the
copy for printing or duplication, in accordance with the Rules contained in
Schedule A hereto, and shall, if the Respondent has entered an Appearance,
submit the copy, as prepared for printing or duplication, to the Respondent for
his approval. In the event of the parties being unable to agree, the matter
shall be referred to the Registrar of the Privy Council who, if he thinks fit,
may require the parties to attend before the Judicial Committee for directions. | Preparation of copy of Record for printing. |
24. As soon as the
typewritten copy of the Record is ready, the Appellant shall lodge it in the
Registry of the Privy Council for printing or duplication by a person or firm
selected by the Registrar of the Privy Council, and at the same time shall
lodge the amount of the estimated cost of printing or duplicating the Record. | Lodging copy of Record for printing. |
25. Whenever it shall be
found that the decision of a matter on appeal is likely to turn exclusively on
a question of law, the parties, with the sanction of the Registrar of the Privy
Council, may submit such question of law to the Judicial Committee in the form
a Special Case, and print or duplicate such parts only of the Record as may be
necessary for the discussion of the same: | Special Case. |
Provided that
nothing herein contained shall in any way prevent the Judicial Committee from
ordering the full discussion of the whole case, if they shall so think fit, and
that, in order to promote such arrangements and simplification of the matter in
dispute, the said Registrar may call the parties before him, and having heard
them, and examined the Record, may report to the Judicial Committee as to the
nature of the proceedings. |
26. The Registrar of the
Privy Council shall, as soon as the proofs of the Record are ready, give notice
to all parties who have entered an Appearance requesting them to attend at the
Registry of the Privy Council at a time to be named in such notice in order to
examine the said proofs and compare the same with the certified Record, and
shall, for that purpose, furnish each of the said parties with one proof. After
the examination has been completed, the Appellant shall, without delay, lodge
his proof, duly corrected and (so far as necessary) approved by the Respondent,
and the Registrar of the Privy Council shall thereupon cause the copies of the
Record to be struck off from such proof. | Examination of proof of Record and striking off
copies. |
27. Each party who has
entered an Appearance shall be entitled to receive, for his own use, six copies
of the Record. | Copies of Record. |
28. Subject to any
special direction from the Judicial Committee to the contrary, the costs of and
incidental to the printing or duplicating of the Record shall form part of the
costs of the Appeal, but the costs of and incidental to the printing or
duplicating of any document objected to by one party, in accordance with Rule
18, shall, if such document id found on the taxation of costs to be unnecessary
or irrelevant, be disallowed to, or borne by, the party insisting on including
the same in the Record. | How costs of printing Record to be borne. |
Petition of
Appeal |
29. The Appellant shall
lodge his Petition of Appeal- | Times within which Petition shall be lodged. |
(a) where the
Record arrives in England printed, within a period of two months from the date
of such arrival; |
(b) where the
Record arrives in England written, within a period of one month from the date
of the completion of the printing or duplication thereof: |
Provided that
nothing in this Rule contained shall preclude the Appellant from lodging his
Petition of Appeal prior to the arrival of the Record, or the completion of the
printing or duplicating thereof, if there are special reasons why, in the
opinion of the Registrar of the Privy Council, it should be desirable for him
to do so. |
30. The Petition of
Appeal shall be lodged in the form prescribed by Rule 47 hereinafter contained.
It shall recite succinctly and, as far as possible, in chronological order, the
principal steps in the proceedings leading up to the Appeal from the
commencement thereof down to the admission of the Appeal, but shall not contain
argumentative matter or travel into the merits of the case. | Form of Petition. |
31. The Appellant shall,
after lodging his Petition of Appeal, serve a copy thereof without delay on the
Respondent, as soon as the latter has entered an Appearance, and shall endorse
such copy with the date of the lodgment. | Service of Petition. |
Withdrawal of
Appeal |
32. Where an Appellant,
who has not lodged his Petition of Appeal, desires to withdraw his Appeal, he
shall give notice in writing to that effect to the Registrar of the Privy
Council, and the said Registrar shall, with all convenient speed after the
receipt of such notice, by letter notify the Registrar of the Court appealed
from that the Appeal has been withdrawn, and the said Appeal shall thereupon
stand dismissed as from the date of the said letter without further Order. | Before Petition of Appeal has been lodged. |
33. Where an Appellant,
who has lodged his Petition of Appeal, desires to withdraw his Appeal, he shall
present a Petition to that effect to Her Majesty in Council. On the hearing of
any such Petition a Respondent who has entered an Appearance in the Appeal
shall, subject to any agreement between him and the Appellant to the contrary,
be entitled to apply to the Judicial Committee for his costs, but where the
Respondent has not entered an Appearance, or, having entered an Appearance,
consents in writing to the prayer of the Petition, the Petition may, if the
Judicial Committee think fit, be disposed of in the same way mutatis
mutandis as a Consent Petition under the provisions of Rule 56 hereinafter
contained. | After Petition of Appeal has been lodged. |
Non-Prosecution
of Appeal |
34. Where an Appellant
takes no step in prosecution of his Appeal within a period of two months from
the date of the arrival of the Record in England, the Registrar of the Privy
Council shall, with all convenient speed, by letter notify the Registrar of the
Court appealed from that the Appeal has not been prosecuted, and the Appeal
shall thereupon stand dismissed for non-prosecution as from the date of the
said letter without further Order, and a copy of the said letter shall be sent
by the Registrar of the Privy Council to any Respondent who has entered an
Appearance in the Appeal. | Where Appellant takes no step in prosecution. |
35. Where an Appellant
who has entered an Appearance- | Non-prosecution after Appellant's appearance. |
(a) fails to
bespeak a copy of a written Record, or of part of a written Record, in
accordance with, and within the period prescribed by, Rule 22; or |
(b) having
bespoken such copy within the period prescribed by Rule 22, fails thereafter to
proceed with due diligence to take all such further steps as may be necessary
for the purpose of completing the printing or duplication of the said Record;
or |
(c) fails to
lodge his Petition of Appeal within the periods respectively prescribed by Rule
29. |
The Registrar of
the Privy Council shall call upon the Appellant to explain his default, and, if
no explanation is offered, or if the explanation offered is, in the opinion of
the said Registrar, insufficient, the said Registrar shall, with all convenient
speed, by letter notify the Registrar of the Court appealed from the Appeal has
not been effectively prosecuted, and the Appeal shall thereupon stand dismissed
for non-prosecution as from the date of the said letter without further Order,
and a copy of the said letter shall be sent by the Registrar of the Privy
Council to all the parties who have entered an Appearance in the Appeal. |
36. Where an Appellant,
who has lodged his Petition of Appeal, fails thereafter to prosecute his Appeal
with due diligence, the Registrar of the Privy Council shall call upon him to
explain his default, and, if no explanation is offered, or if the explanation
offered is, in the opinion of the said Registrar, insufficient, the said
Registrar shall issue a Summons to the Appellant calling upon him to show cause
before the Judicial Committee at a time to be named in the said Summons why the
Appeal should not be dismissed for non-prosecution: | Non-prosecution after lodgment of Petition of Appeal. |
Provided that no
such Summons shall be issued by the said Registrar before the expiration of one
year from the date of the arrival of the Record in England. If the Respondent
has entered an Appearance in the Appeal, the Registrar of the Privy Council
shall send him a copy of the said Summons, and the Respondent shall be entitled
to be heard before the Judicial Committee in the matter of the said Summons at
the time named and to ask for his costs and such other relief as he may be
advised. The Judicial Committee may, after considering the matter of the said
Summons, recommend to Her Majesty the dismissal of the Appeal for
non-prosecution, or give such other directions therein as the justice of the
case may require. |
37. An Appellant whose
Appeal has been dismissed for non-prosecution may present a Petition to Her
Majesty in Council praying that his Appeal may be restored. | Restoring an Appeal. |
Appearance by
Respondent |
38. The Respondent may
enter an Appearance at any time between the arrival of the Record and the
hearing of the Appeal, but if he unduly delays entering an Appearance he shall
bear, or be disallowed, the costs occasioned by such delay, unless the Judicial
Committee otherwise direct. | Time within which Respondent may appear. |
39. The Respondent shall
forthwith after entering an Appearance give notice thereof to the Appellant, if
the latter has entered an Appearance. | Notice of Appearance by Respondent. |
40. Where there are two
or more Respondents, and only one, or some, of them enter an Appearance, the
Appearance Form shall set out the names of the appearing Respondents. | Form of Appearances. |
41. Two or more
Respondents may, at their own risk as to costs, enter separate Appearances in
the same Appeal. | Separate Appearances. |
42. A Respondent who has
not entered an Appearance shall not be entitled to receive any notices relating
to the Appeal from the Registrar of the Privy Council, nor be allowed to lodge
a Case in the Appeal. | Non-appearing Respondent. |
43. Where a Respondent
fails to enter an Appearance in an Appeal, the following Rules shall, subject
to any special Order of the Judicial Committee to the contrary, apply- | Procedure on non-appearance of Respondent. |
(a) if the
non-appearing Respondent was a Respondent at the time when the Appeal was
admitted, whether by the Order of the Court appealed from or by an Order of Her
Majesty in Council giving the Appellant special leave to appeal, and it appears
from the terms of the said Order, or Order in Council, or otherwise from the
Record, or from a Certificate of the Registrar of the Court appealed from, that
the said non-appearing Respondent has received notice, or was otherwise aware,
of the Order of the Court appealed from admitting the Appeal, or of the Order
of Her Majesty in Council giving the Appellant special leave to appeal, and has
also received notice, or was otherwise aware, of the dispatch of the Record to
England, the Appeal may, if all other conditions of its being set down are
satisfied, be set down ex parte as against the said non-appearing
Respondent at any time after the expiration of two months from the date of the
lodging of the Petition of Appeal; |
(b) if the
non-appearing Respondent was made a Respondent by an Order of Her Majesty in
Council subsequently to the admission of the Appeal, and it appears from the
Record, or from a Supplementary Record, or from a Certificate of the Registrar
of the Court appealed from, that the said non-appearing Respondent has received
notice, or was otherwise aware, of any intended application to bring him on the
Record as a Respondent, the Appeal may, if all other conditions of its being
set down are satisfied, be set down ex parte as against the said
non-appearing Respondent at any time after the expiration of two months from
the date on which he shall have been served with a copy of Her Majesty's Order
in Council bringing him on the Record as a Respondent: |
Provided that
where it is shown to the satisfaction of the Registrar of the Privy Council, by
Affidavit or otherwise, either that an Appellant has made every reasonable
endeavour to serve a non-appearing Respondent with the notices mentioned in
clause (a) and (b) respectively and has failed to effect such service, or that
it is not the intention of the non-appearing Respondent to enter an Appearance
to the Appeal, the Appeal may, without further Order in that behalf and at the
risk of the Appellant, be proceeded with ex parte as against the said
non-appearing Respondent. |
44. A Respondent who
desires to defend an Appeal in forma pauperis may present a Petition to
that effect to Her Majesty in Council, which Petition shall be accompanied by
an Affidavit from him stating that he is not worth £100 in the world excepting
his wearing apparel and his interest in the subject-matter of the Appeal. | Respondent defending Appeal in forma pauperis. |
Petitions
Generally |
45. All Petitions for
orders or directions as to matters of practice or procedure arising after the
lodging of the Petition of Appeal and not involving any change in the parties
to an Appeal shall be addressed to the Judicial Committee. All other Petitions
shall be addressed to Her Majesty in Council, but a Petition which is properly
addressed to Her Majesty in Council may include, as incidental to the relief
thereby sought, a prayer for orders or directions as to matters of practice or
procedure. | Mode of addressing Petitions. |
46. Where an Order made
by the Judicial Committee does not embody any special terms or include any
special directions, it shall not be necessary to draw up such Order, unless the
Committee otherwise direct, but a Note thereof shall be made by the Registrar
of the Privy Council. | Orders on Petitions which need not be drawn up. |
47. All Petitions shall
consist of paragraphs numbered consecutively and shall be written, typewritten
or lithographed, on paper with quarter margin and endorsed with the name of the
Court appealed from, the full title and Privy Council number of the Appeal to
which the Petition relates or the full title of the Petition (as the case may
be), and the name and address of the London Agent (if any) of the Petitioner,
but need not be signed, except as provided by Rule 3. Unless the Petition is a
Consent Petition within the meaning of Rule 56 at least six copies thereof
shall be lodged. | Form of Petition. |
48. Where a Petition is
expected to be lodged, or has been lodged, which does not relate to any pending
Appeal of which the Record has been registered in the Registry of the Privy
Council, any person claiming a right to appear before the Judicial Committee on
the hearing of such Petition may lodge a Caveat in the matter thereof, and
shall thereupon be entitled to receive from the Registrar of the Privy Council
notice of the lodging of the Petition, if at the time of the lodging of the
Caveat such Petition has not yet been lodged, and, if and when the Petition has
been lodged, to require the Petitioner to serve him with a copy of the
Petition, and to furnish him, at his own expense, with copies of any paper
lodged by the Petitioner in support of his Petition. The Caveator shall
forthwith after lodging his Caveat give notice thereof to the Petitioner, if
the Petition has been lodged. | Caveat. |
49. Where a Petition is
lodged in the matter of any pending Appeal of which the Record has been
registered in the Registry of the Privy Council, the Petitioner shall serve any
party who has entered an Appearance in the Appeal with a copy of such Petition,
and the party so served shall thereupon be entitled to require the Petitioner
to furnish him, at his own expense, with copies of any papers lodged by the
Petitioner in support of his Petition. | Service of Petition. |
50. A Petition not
relating to any Appeal of which the Record has been registered in the Registry
of the Privy Council, and any other Petition containing allegations of fact
which cannot be verified by reference to the registered Record or any
certificate or duly authenticated statement of the Court appealed from, shall
be supported by Affidavit. Where the Petitioner prosecutes his Petition in
person, the said Affidavit shall be sworn by the Petitioner himself and shall
state that, to the best of the deponent's knowledge, information and belief,
the allegations contained in the Petition are true. Where the Petitioner is
represented by an Agent, the said Affidavit shall be sworn by such Agent and
shall, besides stating, that, to the best of the deponent's knowledge,
information and belief, the allegations contained in the Petition are true,
show how the deponent obtained his instructions and the information enabling
him to present the Petition. | Verifying Petition by Affidavit. |
51. A Petition for an
Order of Revivor or Substitution shall be accompanied by a certificate or duly
authenticated statement from the Court appealed from showing who, in the
opinion of the said Court, is the proper person to be substituted, on entered,
on the Record in place of, or in addition to. a party who has died or undergone
a change of status. | Petition for Order of Revivor or Substitution. |
52. The Registrar of the
Privy Council may refuse to receive a Petition on the grounds that it discloses
no reasonable cause of appeal, or is frivolous, or contains scandalous matter
or fails to comply with the provisions of Rule 3, but the Petitioner may
appeal, by way of motion, from such refusal to the Judicial Committee. | Petition may be refused. |
53. As soon as a
Petition and all necessary documents are lodged the Petition shall thereupon be
deemed to be set down. | Setting down Petition. |
54. On each day
appointed by the Judicial Committee for the hearing of Petitions the Registrar
of the Privy Council shall, unless the Committee otherwise direct, put in the
paper for hearing all such Petitions as have been set down: | Times within which set down Petitions shall be heard. |
Provided that, in
the absence of special circumstances of urgency to be shown to the satisfaction
of the said Registrar, no Petition, if opposed, shall be put in the paper for
hearing before the expiration of ten clear days from the lodging thereof,
unless the Opponent consents to the Petition being put in the paper on an
earlier day. |
55. Subject to the
provisions of the next following Rule, the Registrar of the Privy Council
shall, as soon as the Judicial Committee have appointed a day for the hearing
of a Petition, notify all parties concerned by Summons of the day so appointed. | Notice to parties of day fixed for hearing. |
56. Where the prayer of
a Petition is consented to in writing by the opposite party, or where a
Petition is of a formal and non-contentious character, the Judicial Committee
may, if they think fit, make their Report to Her Majesty on such Petition, or
make their Order thereon, as the case may be, without requiring the attendance
of the parties In the Council Chamber, and the Registrar of the Privy Council
shall not in any such case issue the Summons provided for by the last preceding
Rule, but shall with all convenient speed after the Committee have made their
Report or Order notify the parties that the Report or Order has been made and of
the date and nature of such Report or Order. | Procedure where Petition is consented to or is formal. |
57. A Petitioner who
desires to withdraw his Petition shall give notice in writing to that effect to
the Registrar of the Privy Council. Where the Petition is opposed, the Opponent
shall, subject to any agreement between the parties to the contrary, be entitled
to apply to the Judicial Committee for his costs, but where the Petition is
unopposed, or where, in the case of an opposed Petition, the parties have come
to an agreement as to the costs of the Petition, the Petition may, if the
Judicial Committee think fit, be disposed of in the same way mutatis
mutandis as a Consent Petition under the provisions of the last preceding
Rule. | Withdrawal of Petition. |
58. Where a Petitioner
unduly delays bringing a Petition to a hearing the Registrar of the Privy
Council shall call upon him to explain the delay, and if no explanation is
offered, or if the explanation offered is, in the opinion of the said
Registrar, insufficient, the said Registrar may, after notifying all parties
interested by Summons of his intention to do so, put the Petition in the paper
for hearing on the next following day appointed by the Judicial Committee for
the hearing of Petitions for such directions as the Committee may think fit to
give thereon. | Procedure where hearing of Petition unduly delayed. |
59. At the hearing of a
Petition not more than one Counsel shall be admitted to be heard on a side. | Only one Counsel. |
Case |
60. No party to an
Appeal shall be entitled to be heard by the Judicial Committee unless he has
previously lodged his Case in the Appeal: | Lodging of Case. |
Provided that
where a Respondent who has entered an Appearance does not desire to lodge a
Case in the Appeal, he may give the Registrar of the Privy Council notice in
writing of his intention not to lodge any Case, while reserving his right to
address the Judicial Committee on the question of costs. |
The Case may be
printed either abroad or in England, and shall, in either event, be printed in
accordance with Rules I to III contained in Schedule A hereto. | Printing or duplicating of Case. |
(b) When the
Case is not printed abroad it shall, unless the parties agree to its being
printed in England, be duplicated by a process approved by the Registrar of the
Privy Council. |
(c) Where the
Case is printed or duplicated every tenth line thereof shall be numbered in the
margin and it shall be signed by at least one of the Counsel who attends at the
hearing of the Appeal or by the party himself if he conducts his Appeal in
person. |
62. Each party shall
lodge 30 copies of his Case either printed or duplicated. | Number of copies to be lodged. |
63. The Case shall consist
of paragraphs numbered consecutively and shall state, as concisely as possible,
the circumstances out of which the Appeal arises, the contentions to be urged
by the party lodging the same, and the reasons of appeal. References by page
and line to the relevant portions of the Record as printed or duplicated shall,
as far as practicable, be printed or duplicated in the margin, and care shall
be taken to avoid, as far as possible, the reproduction in the Case of long
extracts from the Record. The Taxing Officer, in taxing the costs of the
Appeal, shall, either of his own motion, or at the instance of the opposite
party, inquire into any unnecessary prolixity in the Case, and shall disallow
the costs occasioned thereby. | Form of Case. |
64. Two or more
Respondents may, at their own risk as to costs, lodge separate Cases in the
same Appeal. | Separate Cases. |
65. Each party shall,
after lodging his Case, forthwith give notice thereof to the other party. | Notice of lodgment. |
66. Subject as
hereinafter provided, the party who lodges his Case first may, at any time
after the expiration of three clear days from the day on which he has given the
other party the notice prescribed by the last preceding Rule, serve such other
party, if the latter has not in the meantime lodged his Case, with a "Case
Notice", requiring him to lodge his Case within one month from the date of
the service of the said Case Notice and informing him that, in default of his
so doing, the Appeal will be set down for hearing ex parte as against
him, and if the other party fails to comply with the said Case Notice, the
party who has lodged his Case may, at any time after the expiration of the time
limited by the said Case Notice for the lodging of the Case, lodge an Affidavit
of Service (which shall set out the terms of the said Case Notice), and the
Appeal shall thereupon, if all other conditions of its being set down are
satisfied, be set down ex parte as against the party in default: | Case Notice. |
Provided that no
Case Notice shall be served until after the completion of the printing or
duplication, or rearrangement under Rule 12, of the Record, and also that
nothing in this Rule contained shall preclude the party in default from lodging
his Case, at his own risk as regards costs and otherwise, at any time up to the
date of hearing. |
67. Subject to the
provisions of Rule 43 and of the last preceding Rule, an Appeal shall be set
down ipso facto as soon as the Cases on both sides are lodged, and the
parties shall thereupon exchange Cases by handing one another, either at the
Offices of one of the Agents or in the Registry of the Privy Council, ten
copies of their respective Cases. | Setting down Appeal and exchanging Cases. |
Binding Records,
etc. |
68. As soon as an Appeal
is set down, the Appellant shall attend at the Registry of the Privy Council
and obtain seven copies of the Record and Cases to be bound for the use of the
Judicial Committee at the hearing. The copies shall be bound in cloth with
paper sides. The front cover shall bear a label stating the title and Privy
Council number of the Appeal, the contents of the volume, and the names and
addresses of the London Agents. The several documents, indicated by incuts,
shall be arranged in the following order: (1) Appellant's Case; (2)
Respondent's Case; (3) Record (if in more than one part, showing the separate
parts by incuts, all parts being paged at the top of the page); (4)
Supplemental Record (if any); and the short title and Privy Council number of
the Appeal shall also be shown on the back. | Mode of binding Records, etc. |
69. The Appellant shall
lodge the bound copies not less than four days before the commencement of the
Sittings during which the Appeal is to be heard. | Time limit. |
Hearing |
70. The Registrar of the
Privy Council shall name a day on or before which Appeals must be set down if
they are to be entered in the List of Business for the ensuing Sittings. All
Appeals set down on or before the day named shall, subject to any directions
from the Committee or to any agreement between the parties to the contrary, be
entered in such List of Business and shall, subject to any directions from the
Committee to the contrary, be heard in the order in which they are set down. | Notice of final date for setting down. |
71. The Registrar of the
Privy Council shall, subject to the provisions of Rule 42, notify the parties
to each Appeal by Summons, at the earliest possible date, of the day appointed
by the Judicial Committee for the hearing of the Appeal, and the parties shall
be in readiness to be heard on the day so appointed. | Notice of day fixed for hearing. |
72. At the hearing of an
Appeal not more than two Counsel shall be admitted to be heard on a side. | Number of Counsel. |
73. In Admiralty Appeals
the Judicial Committee may, if they think fit, require the attendance of two
Nautical Assessors. | Nautical Assessors. |
Judgment |
74. Where the Judicial
Committee, after hearing an Appeal, decide to reserve their Judgment thereon,
the Registrar of the Privy Council shall in due course notify the parties by
Summons of the day appointed by the Committee for the delivery of the Judgment. | Notice of day fixed for Judgment. |
Costs |
75. All Bills of Costs
under the Orders of the Judicial Committee on Appeals, Petitions and other
matters, shall be referred to the Registrar of the Privy Council, or such other
person as the Judicial Committee may appoint, for taxation, and all such
taxations shall be regulated by the Schedule of Fees set forth in
Schedule B hereto. | Taxation of costs. |
76. The taxation of
costs in England shall be limited to costs incurred in England. | Costs taxed in England. |
77. The Registrar of the
Privy Council shall, with all convenient speed after the Judicial Committee
have given their decision as to the costs of an Appeal, Petition or other
matter, issue to the party to whom costs have been awarded an Order to tax and
a Notice specifying the day and hour appointed by him for taxation. The party
receiving such Order to tax and Notice shall, not less than 48 hours before the
time appointed for taxation, lodge his Bill of Costs (together with all
necessary vouchers for disbursements), and serve the opposite party with a copy
of his Bill of Costs and of the Order to tax and Notice. | Order to tax. |
78. The Taxing Officer
may, if he think fit, disallow to any party who fails to lodge his Bill of
Costs (together with all necessary vouchers for disbursements) within the time
prescribed by the last preceding Rule, or who in any way delays or impedes a
taxation, the charges to which such party would otherwise be entitled for
drawing his Bill of Costs and attending the taxation. | Power of Taxing Officer. |
79. Any party aggrieved
by a taxation may appeal from the decision of the Taxing Officer to the
Judicial Committee. The Appeal shall be heard by way of motion, and the party
appealing shall give three clear days' Notice of Motion to the opposite party,
and shall also leave a copy of such Notice in the Registry of the Privy
Council. | Appeal from decision of Taxing Officer. |
80. The amount allowed
by the Taxing Officer on the taxation shall, subject to any appeal from his
taxation to the Judicial Committee and subject to any direction from the
Committee to the contrary, be inserted in Her Majesty's Order in Council
determining the Appeal or Petition. | Amount of taxed costs to be inserted in Her Majesty's
Order in Council. |
81. Where the Judicial
Committee directs costs to be taxed on the pauper scale, the Taxing Officer
shall not allow any fees of Counsel, and shall only award to the Agents
out-of-pocket expenses and a reasonable allowance to cover office expenses,
such allowance to be taken at about three-eighths of the usual professional
charges in ordinary Appeals. Such pauper scale shall apply to and include the
application upon which leave to appeal in forma pauperis was granted. | Taxation on pauper scale. |
82. Where the Appellant
has lodged security for the Respondent's costs of an Appeal in the Registry of
the Privy Council, the Registrar of the Privy Council shall deal with such
security in accordance with the directions contained in Her Majesty's Order in
Council determining the Appeal. | Security. |
Miscellaneous |
83. The Judicial
Committee may, for sufficient cause shown, excuse the parties from compliance
with any of the requirements of these Rules, and may give such directions in
matters of practice and procedure as they shall consider just and expedient.
Applications to be excused from compliance with the requirements of any of
these Rules shall be addressed in the first instance to the Registrar of the
Privy Council, who shall take the instructions of the Committee thereon and
communicate the same to the parties. If, in the opinion of the said Registrar,
it is desirable that the application should be dealt with by the Committee in
open Court, he may direct the party applying to lodge in the Registry of the
Privy Council, and to serve the opposite party with, a Notice of Motion
returnable before the Committee. | Power of Judicial Committee to excuse from compliance
with Rules. |
84. Any document lodged
in connection with an Appeal, Petition or other matter pending before Her
Majesty in Council or the Judicial Committee, may be amended by leave of the
Registrar of the Privy Council, but if the said Registrar is of opinion that an
application for leave to amend should be dealt with by the Commit | |