Statutory Instruments 1998 No. 3132 (L. 17)
The Civil Procedure Rules 1998
- continued

Back to previous page

 

RSC ORDER 56

APPEALS, ETC., TO HIGH COURT BY CASE STATED: GENERAL

Appeals from the Crown Court by case stated
     Rule 1  - (1) Except where they relate to affiliation proceedings or to care proceedings under the Children and Young Persons Act 1969[111] all appeals from the Crown Court by case stated shall be heard and determined - 

    (a) in any criminal proceedings, by a Divisional Court of the Queen's Bench Division;

    (b) in any other proceedings, by a single judge sitting in public, or if the Court so directs, by a Divisional Court of the Queen's Bench Division.

    (3) An appeal from the Crown Court by case stated shall not be entered for hearing unless and until the case and a copy of the judgment, order or decision in respect of which the case has been stated and, if that judgment, order or decision was given or made on an appeal to the Crown Court, a copy of the judgment, order or decision appealed from, have been filed in the Crown Office.

    (4) No such appeal shall be entered after the expiration of 10 days from the receipt by the appellant of the case unless the delay is accounted for to the satisfaction of the Divisional Court. Notice of intention to apply for an extension of time for entry of the appeal must be served on the respondent at least 2 clear days before the day named in the notice for the hearing of the application.

    (5) Where any such appeal has not been entered by reason of a default in complying with the provisions of this rule, the Crown Court may proceed as if no case had been stated.

Notice of entry of appeal
     Rule 4 Within 4 days after an appeal from the Crown Court by case stated is entered for hearing, the appellant must serve notice of the entry of the appeal on the respondent.

Appeals relating to affiliation proceedings and care proceedings
     Rule 4A Appeals from the Crown Court by case stated which relate to affiliation proceedings or to care proceedings under the Children and Young Persons Act 1969 shall be heard and determined by a single Judge, or if the Court so directs, a Divisional Court of the Family Division, and the foregoing provisions of this Order shall accordingly apply to such appeals with the substitution of references to the principal registry of the Family Division for references to the Crown Office and such other modifications as may be appropriate.

Appeal from Magistrates' Court by case stated
     Rule 5  - (1) Except as provided by paragraph (2) all appeals from a Magistrates' Court by case stated shall be heard and determined - 

    (a) in any criminal proceedings, by a Divisional Court of the Queen's Bench Division;

    (b) in any other proceedings, by a single Judge sitting in public or, if the Court so directs, by a Divisional Court of the Queen's Bench Division.

    (2) An appeal by way of case stated against an order or determination of a Magistrates' Court shall be heard and determined by a single Judge or, if the Court so directs, a Divisional Court of the Family Division if the order or determination appealed against was made or given in family proceedings.

Case stated by Magistrates' Court: filing case, etc.
     Rule 6  - (1) Where a case has been stated by a Magistrates' Court the appellant must - 

    (a) within 10 days after receiving the case, file it in the Crown Office or, if the appeal falls to be heard by a Divisional Court of the Family Division, the principal registry of the Family Division; and

    (b) within 4 days after filing the case as aforesaid serve on the respondent a notice of the entry of appeal together with a copy of the case.

    (2) Unless the Court having jurisdiction to determine the appeal otherwise directs, the appeal shall not be heard sooner than 8 clear days after service of notice of the entry of the appeal.

Case stated by Ministers, tribunal, etc.
     Rule 7  - (1) The jurisdiction of the High Court under any enactment to hear and determine a case stated by a Minister of the Crown, government department, tribunal or other person, or a question of law referred to that Court by such a Minister or department or a tribunal or other person by way of case stated, shall be exercised by a single Judge of the Queen's Bench Division, except where it is otherwise provided by these rules or by or under any enactment.

    (2) The jurisdiction of the High Court under any enactment to hear and determine an application for an order directing such a Minister or department or a tribunal or other person to state a case for determination by the High Court, or to refer a question of law to that Court by way of case stated, shall be exercised by the Court or Judge having jurisdiction to hear and determine that case or question except where by some other provision of these rules or by or under any enactment it is otherwise provided.

    (3) This rule and rules 8 to 12 of this Order shall apply to proceedings for the determination of such a case, question or application and, in relation to any such proceedings, shall have effect subject to any provision made in relation to those proceedings by any other provision of these rules or by or under any enactment.

    (4) In this Order references to a tribunal shall be construed as references to any tribunal constituted by or under any enactment other than any of the ordinary Courts of law.

    (5) In the following rules references to a Minister shall be construed as including references to a government department, and in those rules and this rule "case" includes a special case.

Application for order to state a case
     Rule 8  - (1) An application to the Court for an order directing a Minister, tribunal or other person to state a case for determination by the Court or to refer a question of law to the Court by way of case stated must be made by claim form; and the persons to be served with the claim form are the Minister, secretary of the tribunal or other person, as the case may be, and every party (other than the applicant) to the proceedings to which the application relates.

    (2) The claim form must state the grounds of the application, the question of law on which it is sought to have the case stated and any reasons given by the Minister, tribunal or other person for his or its refusal to state a case.

    (3) The claim must be entered for hearing, and the claim form served, within 14 days after receipt by the applicant of notice of the refusal of his request to state a case.

Signing and service of case
     Rule 9  - (1) A case stated by a tribunal must be signed by the chairman or president of the tribunal, and a case stated by any other person must be signed by him or by a person authorised in that behalf to do so.

    (2) The case must be served on the party at whose request, or as a result of whose application to the Court, the case was stated; and if a Minister, tribunal, arbitrator or other person is entitled by virtue of any enactment to state a case, or to refer a question of law by way of case stated, for determination by the High Court without request being made by any party to the proceedings before that person, the case must be served on such party to those proceedings as the Minister, tribunal, arbitrator or other person, as the case may be, thinks appropriate.

    (3) When a case is served on any party under paragraph (2) notice must be given to every other party to the proceedings in question that the case has been served on the party named, and on the date specified, in the notice.

Proceedings for determination of case
     Rule 10  - (1) Proceedings for the determination by the High Court of a case stated, or a question of law referred by way of case stated, by a Minister, tribunal, arbitrator or other person must be begun by claim formby the person on whom the case was served in accordance with rule 9 (2) or, where the case is stated without a request being made, by the Minister, secretary of the tribunal, arbitrator or other person by whom the case is stated.

    (2) The applicant shall serve the claim form under paragraph (1), together with a copy of the case, on - 

    (a) the Minister, secretary of the tribunal, arbitrator or other person by whom the case was stated, unless that Minister, tribunal, arbitrator or other person is the applicant,

    (b) every party (other than the applicant) to the proceedings in which the question of law to which the case relates arose, and

    (c) any other person (other than the applicant) served with the case under rule 9 (2).

    (3) The claim form must set out the applicant's contentions on the question of law to which the case stated relates.

    (4) The claim must be entered for hearing, and the claim form served, within 14 days after the case stated was served on the applicant.

    (5) If the applicant fails to enter the claim within the period specified in paragraph (4) then, after obtaining a copy of the case from the Minister, tribunal, arbitrator or other person by whom the case was stated, any other party to the proceedings in which the question of law to which the case relates arose may, within 14 days after the expiration of the period so specified, begin proceedings for the determination of the case, and paragraphs (1) to (4) shall have effect accordingly with the necessary modifications. The references in this paragraph to the period specified in paragraph (4) shall be construed as including references to that period as extended by any order of the Court.

    (6) The documents required to be filed in accordance with Order 57, rule 2, before entry of the claim include a copy of the case stated.

    (7) Unless the Court having jurisdiction to determine the case otherwise directs, the claim shall not be heard sooner than 7 days after service of the claim form.

Amendment of case
     Rule 11 The Court hearing a case stated by a Minister, tribunal, arbitrator or other person may amend the case or order it to be returned to that person for amendment, and may draw inferences of fact from the facts stated in the case.

Right of Minister to appear and be heard
     Rule 12 In proceedings for the determination of a case stated, or of a question of law referred by way of case stated, the Minister, chairman or president of the tribunal, arbitrator or other person by whom the case was stated shall be entitled to appear and be heard.

Extradition
     Rule 12A  - (1) Rules 5 and 6 of this Order shall apply to appeals by case stated under - 

    (a) section 7 of the Criminal Justice Act 1988[112]; and

    (b) section 7A of the Fugitive Offenders Act 1967[113], as they apply to appeals by case stated from a Magistrates' Court and references in those rules to appellant and respondent shall be construed as references to the requesting state and the person whose surrender is sought respectively.

    (2) An application for an order under either of the sections mentioned in paragraph (1) or under Section 2A of the Backing of Warrants (Republic of Ireland) Act 1965[114] requiring a Court to state a case shall be made in accordance with rule 8 of this Order the references in that rule to a tribunal and the secretary of a tribunal being construed for this purpose as references to the Court and the Clerk of the Court respectively.

Interlocutory applications
     Rule 13  - (1) Unless the Court otherwise directs, any interlocutory application in proceedings to which this Order applies may be made to any Judge or a Master of the Queen's Bench Division or, as the case may be, any Judge or a District Judge of the Family Division, notwithstanding that the appeal has been brought by case stated and is to be heard by a Divisional Court.

    In this paragraph "interlocutory application" includes an application for an order extending the time for entry of the appeal or for service of notice of entry of the appeal.

    (2) In relation to an order made by a Master or District Judge pursuant to paragraph (1), Order 58, rule 1 shall, where the application is to be heard by a Divisional Court, have effect as if a reference to that Court were substituted for the reference to a Judge sitting in private.

    (3) This rule is without prejudice to any statutory provision or rule of law restricting the making of an order against the Crown.



RSC ORDER 57

DIVISIONAL COURT PROCEEDINGS, ETC.: SUPPLEMENTARY PROVISIONS

Application
     Rule 1  - (1) Subject to paragraph (2) this Order shall apply to - 

    (a) any proceedings before a Divisional Court;

    (b) any proceedings before a single Judge under Order 52, rule 2, Order 53, Order 54, or Order 79;

    (c) any proceedings before a single Judge, being proceedings which consist of or relate to an appeal to the High Court from any Court, tribunal or person including an appeal by case stated and the reference of a question of law by way of case stated.

    (2) The following rules of this Order shall not apply to an appeal from a county court to a single Judge under section 375 of the Insolvency Act 1986[115].

Entry of claims
     Rule 2  - (1) Every claim in proceedings to which this Order applies must be entered for hearing in the appropriate office; and entry shall be made when a copy of the claim form, and any other documents required to be lodged before entry, have been filed in that office.

    (2) The party entering the claim for hearing must file in the appropriate office copies of the proceedings for the use of the Judges.

    (3) Except where it relates to proceedings in the Admiralty Court every claim entered for hearing by a Divisional Court of the Queen's Bench Division shall be entered in the Divisional Court list.

    (4) In this rule "the appropriate office" means - 

    (a) in relation to proceedings in the Queen's Bench Division (including the Admiralty Court) the Crown Office or the Admiralty and Commercial Registry, as the circumstances of the case require;

    (b) in relation to proceedings in the Chancery Division, Chancery Chambers;

    (c) in relation to proceedings in the Family Division, the principal registry of the Family Division.

Issue, etc., of claim form
     Rule 3 A claim form by which any proceedings to which this Order applies are begun must be issued - 

    (a) in the case of proceedings in the Family Division, out of the principal registry of the Family Division; and

    (b) in the case of any other proceedings, out of the Crown Office, Chancery Chambers or the Admiralty and Commercial Registry, as the circumstances of the case require.

Filing of witness statement or affidavits and drawing up of orders
     Rule 4  - (1) Every witness statement or affidavit used in proceedings to which this Order applies must be filed in the Crown Office, Chancery Chambers or the Admiralty and Commercial Registry, as the circumstances of the case require.

    (2) Every order made in proceedings to which this Order applies in the Queen's Bench Division shall be drawn up in the Crown Office or the Admiralty and Commercial Registry, as the circumstances of the case require, and a copy of any order made by a Judge sitting in private in any such proceedings must be filed in that office.

Filing of claim form
     Rule 5 Every claim form must be filed in the Crown Office, Chancery Chambers or the principal registry of the Family Division, as the circumstances of the case require together with the return thereto and a copy of any order made thereon.

Custody of records
     Rule 6 The master of the Crown Office or the Admiralty and Commercial Registry, as the circumstances of the case require shall have the custody of the records of or relating to proceedings in the Queen's Bench Division to which this Order applies.



RSC ORDER 58

APPEALS FROM MASTERS, REGISTRARS, REFEREES AND JUDGES

Appeals from certain decisions of Masters, etc. to Judge sitting in private
     Rule 1  - (1) Except as provided by rule 2, an appeal shall lie to a Judge who may sit in private from any judgment, order or decision of a Master, the Admiralty Registrar or a district judge of the Family Division.

    (2) The appeal shall be brought by serving on every other party to the proceedings in which the judgment, order or decision was given or made a notice of appeal.

    (3) Unless the Court otherwise orders, the notice must be issued within 5 days after the judgment, order or decision appealed against was given or made and must be served within five days after issue and an appeal to which this rule applies shall not be heard sooner than two clear days after such service.

    (3A) When it issues the notice of appeal, the court will fix a date for the hearing.

    (4) Except so far as the Court may otherwise direct, an appeal under this rule shall not operate as a stay of the proceedings in which the appeal is brought.

Appeals from certain decisions of Masters, etc., to Court of Appeal
     Rule 2  - (1) An appeal shall lie to the Court of Appeal from any judgment, order or decision of a Master given or made at trial - 

    (a) on the hearing or determination of any cause, matter, question or issue tried before him; or

    (b) on an assessment of damages or of the value of goods, or an assessment of interest:

and where a judgment, order or decision of a kind referred to in paragraph (b) includes or involves a determination of any other matter, an appeal shall lie to the Court of Appeal in relation to such other matter.

(An appeal from the decision of a Master made other than at trial shall be made to the Judge in accordance with rule 1).

Appeals from District Judges
     Rule 3  - (1) An appeal shall lie from any judgment, order or decision of a District Judge in any proceedings in any Division in the same circumstances and, except as provided by paragraph (2) subject to the same conditions as if the judgment, order or decision were given or made by a Master or Registrar in those proceedings in that Division, and the provisions of these rules with respect to appeals shall apply accordingly.

    (2) In relation to an appeal from a judgment, order or decision of a District Judge, rule 1 shall have effect subject to the modification that for the first reference therein to 5 days and the reference therein to 2 clear days there shall be substituted references to 7 days and 3 clear days respectively.

Appeals from Judge of the Technology and Construction Court
     Rule 4 Subject to section 18 of the Act (which shall apply in relation to a decision of a judge of the Technology and Construction Court as if he were a judge of the High Court), an appeal shall lie to the Court of Appeal from a decision of a judge of the Technology and Construction Court as if he were a judge of the High Court.



RSC ORDER 59

APPEALS TO THE COURT OF APPEAL

Application of Order to appeals
     Rule 1 This Order applies, subject to the provisions of these Rules with respect to particular appeals, to every appeal to the Court of Appeal (including so far as it is applicable thereto, any appeal to that Court from a judge of the Technology and Construction Court, Master or other officer of the Supreme Court or from any tribunal from which an appeal lies to that Court under or by virtue of any enactment) not being an appeal for which other provision is made by these Rules, and references to "the court below" apply to any court, tribunal or person from which such an appeal lies.

Classes of case where permission to appeal is required
     Rule1B  - (1) Permission is required for every appeal except an appeal against - 

    (a) the making of a committal order;

    (b) a refusal to grant habeas corpus; or

    (c) an order made under Section 25 of the Children Act 1989[116] (secure accommodation orders).

    (2) A respondent who wishes to serve a respondent's notice to which rule 6(1)(a) applies must first obtain permission to cross - appeal unless the case is one to which sub-paragraphs (a), (b) or (c) of paragraph (1) applies.

    (3) Permission to appeal or cross - appeal to the Court of Appeal may be given by the court below or by the Court of Appeal.

Application of Order to applications for new trial
     Rule 2 This Order (except so much of rule 3 (1) as provides that an appeal shall be by way of rehearing and except rule 11 (1)) applies to an application to the Court of Appeal for a new trial or to set aside a verdict, finding or judgment after trial with or without a jury, as it applies to an appeal to that Court, and references in this Order to an appeal and to an appellant shall be construed accordingly.

Interpretation
     Rule 2A In this Order "a single judge" means a single judge of the Court of Appeal and "the registrar" means the registrar of civil appeals.

General Provisions as to Appeals


Who may exercise the powers of the Court of Appeal
     Rule 2B Subject to section 58(1) of the Act the functions of the Court of Appeal may be performed by - 

    (a) that Court;

    (b) a single judge; or

    (c) the registrar.

Variation of time
     Rule 2C Any date set by the court or this Order for doing any act may not be varied by the parties.

(CPR Rule 2.11 allows the parties to vary a date by written agreement except where these Rules provide otherwise or the court orders otherwise)

Notice of appeal
     Rule 3  - (1) An appeal to the Court of Appeal shall be by way of rehearing and must be brought by notice of appeal.

    (2) Notice of appeal may be given either in respect of the whole or in respect of any specified part of the judgment or order of the court below; and every such notice must specify the grounds of the appeal and the precise form of the order which the appellant proposes to ask the Court of Appeal to make.

    (3) Except with the permission of the Court of Appeal, a single judge or the registrar, the appellant shall not be entitled on the hearing of an appeal to rely on any grounds of appeal, or to apply for any relief, not specified in the notice of appeal.

    (4) Every notice of appeal must specify the list of appeals to which the appellant proposes that the appeal should be assigned.

    (5) A notice of appeal must be served on all parties to the proceedings in the court below who are directly affected by the appeal; and, subject to rule 8, it shall not be necessary to serve the notice on parties not so affected.

    (6) No notice of appeal shall be given by a respondent in a case to which rule 6 (1) relates.

Time for appealing
     Rule 4  - (1) Except as otherwise provided by this Order, every notice of appeal must be served under rule 3 (5) not later than 4 weeks after the date on which the judgment or order of the court below was sealed or otherwise perfected.

    (2) In the case of an appeal from a decision in respect of which a certificate has been granted under section 12 of the Administration of Justice Act 1969[117] the period referred to in paragraph (1) shall be calculated from the end of the time during which, in accordance with section 13 (5) of that Act, no appeal lies to the Court of Appeal.

    (3) Where permission to appeal is granted by the Court of Appeal or the court below upon an application made within the time limited for serving notice of appeal under paragraph (1), a notice of appeal may, instead of being served within that time, be served within 7 days after the date when permission is granted.




Notes


[111] 1969 c.54.back

[112] 1988 c.33.back

[113] 1967 c.68.back

[114] 1965 c.45. Section 2A was inserted by the Criminal Justice Act 1988 (c.33) section 1(9), schedule 1, Part II, paragraph 5 and continues to have effect notwithstanding repeal of that section by virtue of the Extradition Act 1989 (c.33), section 37(5).back

[115] 1986 c.45.back

[116] 1989 c.41.back

[117] 1969 c.58; section 12 was amended by the Supreme Court Act 1981 (c.54), section 152(4), schedule 7 and by the Courts Act 1971 (c.23), section 56(4), Schedule II, Part IV.back



  continue
 
 

  Contents

Other UK SIs |  Home |  National Assembly for Wales Statutory Instruments |  Scottish Statutory Instruments |  Statutory Rules of Northern Ireland |  Her Majesty's Stationery Office

We welcome your comments on this site
© Crown copyright 1998
Prepared 9 February 1999