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The Rules of the Supreme Court (Northern Ireland) (Revision) 1980

Type Ni-Statutory-Rule

Publication 1980-10-01

Last updated 2025-07-11

State In force

Jurisdiction Northern Ireland

Department Government Printer for Northern Ireland

Source legislation.gov.uk

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Application for order after leave to apply granted

3

(1) When leave has been granted under rule 2 to apply for an order of committal, the application for the order must be made by motion to,the appropriate Court and, unless the Court or judge granting leave has otherwise directed, there must be at least 8 clear days between the service of the notice of motion and the day named therein for the hearing.

(2) Unless within 14 days after such leave was granted the motion is entered for hearing the leave shall lapse.

(3) Subject to paragraph (4), the notice of motion, accompanied by a copy of the statement and affidavit in support of the application for leave under rule 2, must be served personally on the person sought to be committed.

(4) Without prejudice to the powers of the Court or judge under Order 65, rule 4, the Court or judge may dispense with service of the notice of motion under this rule if it or he thinks it just to do so.

Application for order under rule 1(3)

4

(1) An application for an order of committal under rule 1(3) must be made by motion and be supported by an affidavit.

(2) Subject to paragraph (3), the notice of motion, stating the grounds of the application and accompanied by a copy of the affidavit in support of the application, must be served personally [³²¹ on the person sought to be committed.]

(3) Without prejudice to its powers under Order 65, rule 4, the Court may dispense with service of the notice under this rule if it thinks it just to do so.

Where person sought to be committed fails to appear

5

Where on the hearing of the motion the person sought to be committed fails to appear the Court may make an order of committal against him if it thinks it just to do so.

Saving for power to committ without application for purpose

6

Nothing in the foregoing provisions of this Order shall be taken as affecting the power of the High Court or Court of Appeal to make an order of committal of its own motion against a person guilty of contempt of court.

Contempt in presence of judge

7

(1) Without prejudice to rule 6, any person who, in the presence of a judge sitting in the High Court or Court of Appeal appears to be guilty of contempt of court may immediately be called upon to show cause why an order of committal should not be made against him or he may be ordered to appear on some future date, with or without recognizances, before the High Court or Court of Appeal to show cause why an order of committal should not be made against him.

(2) Where the High Court or Court of Appeal directs that recognizances shall be entered into, the Court shall determine the number of sureties, if any, the amount in which the person who appears to be guilty of contempt and any sureties are to be bound and the conditions to be indorsed on the recognizances with a view to the recognizances being taken subsequently.

(3) Any such recognizance may be entered into before a master who before taking the recognizance of a surety must satisfy himself that the surety is a suitable person to enter into a recognizance.

Provisions as to hearing

8

(1) Subject to paragraph (2), the Court hearing an application for an order of committal may sit in private in the following cases, that is to say—

(a) where the application arises out of proceedings relating to the wardship or adoption of a minor or wholly or mainly to the guardianship, custody, maintenance or unbringing of a minor, or rights of access to a minor;

(b) where the application arises out of proceedings relating to a person suffering or appearing to be suffering from mental disorder within the meaning of the [³²² Mental Health (Northern Ireland) Order 1986³²³] or any other incapacitating condition;

(d) where it appears to the Court that in the interests of the administration of justice or for reasons of national security the application should be heard in private;

but, except as aforesaid, the application shall be heard in open court.

(2) If the Court hearing an application in private by virtue of paragraph (1) decides to make an order of committal against the person sought to be committed, it shall in open court state—

(a) the name of that person,

(b) in general terms the nature of the contempt of court in respect of which the order of committal is being made, and

(3) Except with the leave of the Court hearing an application for an order of committal, no grounds shall be relied upon at the hearing except the grounds set out in the statement under rule 2.

The foregoing provision is without prejudice to the powers of the Court under Order 20, rule 8.

(4) If on the hearing of the application the person sought to be committed expresses a wish to give or adduce on his own behalf, he shall be entitled to do so.

(5) In this rule references to a court sitting in private include references to a court sitting in camera and a judge in chambers.

Power to suspend execution of committal order

9

(1) The Court by which an order of committal is made may by order direct that the execution of the order of committal shall be suspended for such period or on such terms or conditions as it may specify.

(2) Where execution of an order of committal is suspended by an order under paragraph (1), the applicant for the order of committal must, unless the Court otherwise directs, serve on the person against whom it was made a notice informing him of the making and terms of the order under that paragraph.

Discharge of person committed

10

(1) The Court may, on the application of any person committed to prison until further order for any contempt of court, discharge him.

(2) Where a person has been committed for failing to comply with a judgment or order requiring him to deliver any thing to some other person or to deposit it in court or elsewhere, and an order of sequestration has also been issued to enforce that judgment or order, then, if the thing is in the custody or power of the person committed, the sequestrators appointed by the order of sequestration may take possession of it as if it were the property of that person and, without prejudice to the generality of paragraph (1), the Court may discharge the person committed and may give such directions for dealing with the thing taken by the sequestrators as it thinks fit.

Saving for other powers

11

Nothing in the foregoing provisions of this Order shall be taken as affecting the power of the Court to make an order requiring a person guilty of contempt of court, or a person punishable by virtue of any statutory provision in like manner as if he had been guilty of contempt of the High Court, to pay a fine or to give security for his good behaviour, and those provisions, so far as applicable, and with the necessary modifications, shall apply in relation to an application for such an order as they apply in relation to an application for an order of committal.

Procedure for application for judicial review

1

There shall be a procedure, to be known as an application for judicial review, under which application may be made to the Court for one or more of the following forms of relief, that is to say, relief by way of—

(a) an order of mandamus;

(b) an order of certiorari;

(d) a declaration;

(e) an injunction.

Exercise of jurisdiction in a criminal-cause or matter

2

(1) Save as otherwise provided by this Order and subject to paragraph (3) and to rules 3(3) and 8(1), in a criminal cause or matter the jurisdiction of the Court on or in connection with an application for judicial review shall be exercised by three judges sitting together.

(2) Where the Lord Chief Justice so directs, such jurisdiction may be exercised by two judges.

(3) In vacation any jurisdiction under this rule may, where necessary, be exercised by a single judge.

(4) No appeal shall lie from an order made by a judge exercising jurisdiction under paragraph (3), but an application may be made by motion within 10 days to the court, constituted in accordance with paragraph (1) or (2), to set aside or discharge the order and to substitute such other order as the Court may think fit.

(5) Where in accordance with paragraph (2) a matter is heard before two judges and those judges differ in opinion, it shall be re-heard and determined by three judges.

(6) Notwithstanding this rule, any jurisdiction on consent may be exercised by a single judge in accordance with section 16(5) of the Act.

(7) ³²⁵ A court of two or more judges exercising jurisdiction pursuant to this rule shall be called a Divisional Court].

Grant of leave to apply for judicial review

3

(1) Leave of the Court shall be obtained in accordance with this rule before any application for judicial review, other than an application for an order of certiorari by the Attorney General acting on behalf of the Crown, is made.

(2) An application for leave must be made ex parte by lodging in the Central Office—

(a) a statement setting out the name and description of the applicant, the relief sought and the grounds on which it is sought, and

(b) an affidavit or affidavits, as the case may require, verifying the facts relied on.

(3) The jurisdiction of the Court to consider and determine an application for leave may be exercised [³²⁶ . . . ] in chambers.

(4) Without prejudice to its powers under section 18(2)(d) of the Act and Order 20, rule 8, the Court hearing an application for leave may direct or allow the applicant’s statement to be amended, whether by specifying different or additional grounds or otherwise, on such terms, if any, as it thinks fit.

(5) The Court shall not, having regard to section 18(4) of the Act, grant leave unless it considers that the applicant has a sufficient interest in the matter to which the application relates.

(6) Such leave shall not be granted if, having regard to the nature of the persons and bodies against whom relief may be granted by way of an order of mandamus, prohibition or certiorari, the Court is satisfied that the case is one in respect of which relief could not be granted by way of any such order.

(7) Where leave is sought to apply for an order of certiorari to remove for the purpose of its being quashed any judgment, order, conviction or other proceeding which is subject to appeal and a time is limited for the bringing of the appeal, the Court may adjourn the application for leave until the appeal is determined or the time for appealing has expired.

(8) If the Court grants leave, it may impose such terms as to costs and as to giving security as it thinks fit.

(9) The Court on considering an application for leave may make an order granting relief by way of an order of mandamus, certiorari or prohibition where it considers that in the special circumstances of the case such an order should be made forthwith.

(10) Upon consideration of an application for leave the Court may direct the applicant to appear before it and no application for leave shall be refused without first giving the applicant an opportunity of being heard.

(11) In a criminal cause or matter the Court shall, for the purposes of paragraph (9), or a refusal of leave under paragraph (10), be constituted in accordance with rule 2.

(12) The applicant shall be informed of the result of the application, unless it has been decided in his presence.

(13) Where leave to apply for judicial review is granted, then (without prejudice to the generality of section 19 of the Act)—

(a) if the relief sought is an order of prohibition or certiorari and the Court so directs, the grant shall operate as a stay of the proceedings to which the application relates until the determination of the application or until the Court otherwise orders;

(b) if any other relief is sought, the Court may at any time grant in the proceedings such interim relief as could be granted in an action begun by writ.

Delay in applying for relief

4

(1) ³²⁷ An application for leave to apply for judicial review shall be made ... within three months from the date when grounds for the application first arose unless the Court considers that there is good reason for extending the period within which the application shall be made.

(2) Where the relief sought is an order of certiorari in respect of any judgment, order, conviction or other proceeding, the date when grounds for the application first arose shall be taken to be the date of that judgment, order, conviction or proceeding.

(3) Paragraph (1) is without prejudice to any statutory provision which has the effect of limiting the time within which an application for judicial review may be made.]

Mode of applying for judicial review

5

(1) Where leave has been granted to make an application for judicial review, the application shall be made to the Court by originating motion, and the grounds relied on and the relief granted shall only be one or more of those specified in the application.

(2) The application shall be grounded on the original statement and affidavit or affidavits lodged in support of the application for leave.

(3) The notice of motion must be served on all persons directly affected and, where it relates to any proceedings in or before a court and the object of the application is either to compel the court or an officer of the court to do any act in relation to the proceedings or to quash them or any order made therein, the notice must also be served on the clerk or registrar of the court and, where any objection to the conduct of the judge is to be made, on the judge. For the purpose of this paragraph the expression “court” and “judge” shall be deemed to include a tribunal and the president or chairman of a tribunal respectively.

(4) Unless the Court granting leave has otherwise directed, there must be at least 10 days between the service of the notice of motion and the day named therein for hearing.

(5) A notice of motion must be issued within 14 days after the grant of leave or else leave shall lapse.

(6) An affidavit giving the names and addresses of, and the places and dates of service on, all persons who have been served with the notice of motion must be filed before the motion is entered for hearing and, if any person who ought to be served under this rule has not been served, the affidavit must state that fact and the reason for it; and the affidavit shall be before the Court on the hearing of the motion.

(7) If on the hearing of the motion the Court is of opinion that any person who ought, whether under this rule or otherwise, to have been served has not been served, the Court may adjourn the hearing on such terms (if any) as it may direct in order that the notice may be served on that person.

(8) Except in a criminal cause or matter, the Court of Appeal may hear and determine an application for an order under this rule where the Court has granted leave under rule 3 on appeal from the refusal of such leave by the Court.

Statements and affidavits

6

(1) Copies of the statement in support of the application for leave under rule 3 must be served with the notice of motion and, subject to paragraph (2), no grounds shall be relied upon nor any relief sought at the hearing except the grounds and relief set out in the statement.

(2) ³²⁸ The Court may on the hearing of the motion direct or allow the applicant to amend his statement, whether by specifying different or additional grounds or relief or otherwise, on such terms, if any, as it thinks fit and may allow further affidavits to be used by him.]

(3) Where the applicant intends to ask to be allowed to amend his statement or to use further affidavits, he shall give notice of his intention and of any proposed amendment to every other party.

(4) Each party to the application must supply to every other party on demand and on payment of the proper charges copies of every affidavit which he proposes to use at the hearing including, in the case of the applicant, the affidavit or affidavits in support of the application for leave under rule 3.

Claims for damages

7

(1) On an application for judicial review the Court may, subject to paragraph (2), award damages to the applicant if—

(a) he has included in the statement in support of his application for leave under rule 3 a claim for damages arising from any matter to which the application relates, and

(b) the Court is satisfied that, if the claim had been made in a separate action begun by the applicant at the time of making his application, he would have been entitled to such damages.

(2) Order 18, rule 12, shall apply to a statement relating to a claim for damages as it applies to a pleading.

Application for discovery, interrogatories, cross-examination, etc.

8

(1) Unless the Court otherwise directs, any interlocutory application in proceedings on an application for judicial review may be made to a judge in chambers.

In this paragraph “interlocutory application” includes an application for an order under Order 24 or Order 26 or Order 38 rule 2(3), or for an order dismissing the proceedings by consent of the parties.

(2) In relation to an order made by a master pursuant to paragraph (1), Order 58, rule 1, shall have effect as if a reference to the Court were substituted for the reference to a judge in chambers.

(3) In a criminal cause or matter no appeal shall lie from an order made by a judge pursuant to paragraph (1), but an application may be made by motion within 5 days to the Court, constituted in accordance with rule 2, to set aside or discharge the order and to substitute such other order as the Court may think fit.

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

Hearing of application for judicial review

9

(1) On the hearing of any motion under rule 5, any person who desires to be heard in opposition to the motion, and appears to the Court to be a proper person to be heard, shall be heard, notwithstanding that he has not been served with notice of the motion.

(2) Where the relief sought is or includes an order of certiorari to remove any proceedings for the purpose of quashing them, the applicant may not question the validity of any order, warrant, commitment, conviction, inquisition or record unless before the hearing of the motion he has lodged in the Central Office a copy thereof verified by affidavit or accounts for his failure to do so to the satisfaction of the Court hearing the motion.

(3) Where an order of certiorari is made in any such case as is referred to in paragraph (2), the order shall, subject to paragraph (4), direct that the proceedings shall be quashed forthwith on their removal into the Queen’s Bench Division.

(4) Where—

(a) the relief sought is an order of certiorari, and

(b) the court is satisfied that there are grounds for quashing the decision in issue,

the Court may, instead of quashing the decision, remit the matter to the lower deciding authority concerned, with a direction to reconsider it and reach a decision in accordance with the ruling of the Court or may reverse or vary the decision of the lower deciding authority.

(5) ³²⁹ Where the relief sought is a declaration, an injunction or damages and the Court considers that it should not be granted on an application for judicial review but might have been granted if it had been sought in an action begun by writ by the applicant at the time of making his application, the Court may, instead of refusing the application, order the proceedings to continue as if they had been begun by writ; and Order 28, rule 8, shall apply as if the application had been made by summons.]

Right of appeal

10

Leave shall not be required for an appeal to the Court of Appeal from—

(a) an order refusing an application for leave under rule 3; or

(b) an order granting or refusing an application for judicial review.

11

The provisions of this Order shall apply to an application under section 24 of the Act as they apply to an application for judicial review.

Interpretation

1

(1) In this Order—

“the 2002 Act” means the Nationality, Immigration and Asylum Act 2002³³¹ and a section referred to by number means the section so numbered in the Act;

“the 2004 Act” means the Asylum and Immigration (Treatment of Claimants etc.) Act 2004;³³²

“appeal” means appeal to the Asylum and Immigration Tribunal under section 82 or 83 of the 2002 Act or section 40A of the British Nationality Act 1981;

“appellant” means the appellant in the appeal to the Asylum and Immigration Tribunal;

“applicant” means the person applying to the High Court for an order for reconsideration under section 103A;

expressions used in this Order which are used in the 2002 Act have the same meaning in this Order as in the 2002 Act;

“filter provision” means paragraph 30 of Schedule 2 to the 2004 Act;

“order for reconsideration” means an order under section 103A(1) requiring the Asylum and Immigration Tribunal to reconsider its decision on an appeal; and

“Tribunal” means the Asylum and Immigration Tribunal established under section 81.

(2) Any reference in this Order to a period of time specified in—

(a) section 103A(3) for making an application for an order for reconsideration; or

(b) paragraph 30(5)(b) of Schedule 2 to the 2004 Act for giving notice under that paragraph,

includes a reference to that period as varied by any order under section 26(8) of the 2004 Act.

(3) Order 3, rule 2 applies to the calculation of periods of time specified in—

(a) section 103A(3); and

(b) paragraph 30(5)(b) of Schedule 2 to the 2004 Act.

(4) Except as provided otherwise, the provisions of this Order apply to an application for an order for reconsideration regardless of whether the filter provision has effect in relation to that application.

Disapplication of certain rules to this Order

2

(1) Order 8, rule 3(1) shall not apply to applications by originating motion under this Order.

(2) Where the applicant was the appellant in the appeal to the Tribunal, Order 8, rule 2 and Order 10, rule 5 shall not apply to applications by originating motion under this Order.

[ Representation of applicants while filter provision has effect

2A

(1) This rule applies during any period in which the filter provision has effect.

(2) An applicant may, for the purpose of taking any step under rules 3 or 4, be represented by any person permitted to provide him with immigration advice or services under section 84 of the Immigration and Asylum Act 1999³³⁴.

(3) Where a representative is acting for an appellant who is within the jurisdiction, a document must be served on the appellant by—

(a) serving it on the representative; or

(b) serving it on the appellant personally or sending it to his address by ordinary first class post,

but if the document is served on the appellant under (b), a copy must also at the same time be sent to his representative.]

Application for order for reconsideration under section 103A of the 2002 Act

3

(1) An application for an order for reconsideration shall be commenced by originating motion in Form 11A and the notice of the motion is referred to in this Order as “notice of application”.

(2) Subject to paragraph (6), the notice of application under paragraph (1) shall be lodged—

(a) during any period in which the filter provision has effect, with the Tribunal; and

(b) at any other time, in the Central Office.

(3) The notice of application must state the grounds upon which it is contended that the Tribunal made an error of law and the reasons in support of those grounds.

(4) [³³⁵ During any period in which the filter provision does not have effect, the notice of application] lodged under paragraph (2) shall be accompanied by—

(a) the notice of the immigration, asylum or nationality decision to which the appeal related;

(b) any other document which was served on the appellant giving reasons for that decision;

(d) the Tribunal’s determination on the appeal; and

(e) any other documents which were before the Tribunal which are material to the application.

(4A) ³³⁶ During any period in which the filter provision has effect, the applicant must lodge with the notice of application a list of the documents referred to in paragraph (4)(a) to (e).]

(5) Where the applicant—

(a) was the respondent to the appeal; and

(b) was required under the Asylum and Immigration Tribunal (Procedure) Rules 2005³³⁷ to serve the Tribunal’s determination on the appellant,

the notice of application must contain a statement of the date on which and the means by which the determination was so served.

(6) Where the applicant is in detention under the Immigration Acts, an application for an order for reconsideration may be made –

(a) in accordance with paragraphs (2) to (4); or

(b) by serving it on the person having custody of him.

(7) Where an application is served in accordance with paragraph (6)(b), the person on whom the application is served shall –

(a) endorse on the notice of application the date that it was served on him;

(b) give to the applicant an acknowledgement in writing of receipt of the application; and

(i) during any period in which the filter provision has effect, to the Tribunal; and

(ii) at any other time, to the Central Office.

Application to extend time limit

4

An application to extend the time limit for making an application under section 103A(1) shall –

(a) be included in the notice of application lodged under rule 3;

(b) set out the grounds on which it is contended that the application could not reasonably have been lodged within the time limit; and

Applications under paragraph 30(5)(a) of Schedule 2 to the 2004 Act

5

(1) This rule applies during any period in which the filter provision has effect.

(2) Where the applicant receives a notice from the Tribunal that it –

(a) does not propose to make an order for reconsideration; or

(b) does not propose to allow the application to be made outside the relevant time limit,

and the applicant wishes the Court to consider the application, the applicant must lodge a notice in Form 11B in the Central Office in accordance with paragraph 30(5)(a) and (b) of Schedule 2 to the 2004 Act.

(2A) ³³⁸ The applicant must lodge with the notice—

(a) a copy of the tribunal’s notification that it does not propose to make an order for reconsideration or does not propose to allow the application to be made outside the relevant time limit;

(b) any other document which was served on the appellant by the Tribunal giving reasons for its decision in paragraph (a);

(c) written evidence in support of any application by the applicant to make the application outside the relevant time limit, if applicable; and

(d) a copy of the application for reconsideration under section 103A of the 2002 Act, as submitted to the Tribunal under rule 3(1)(a).]

(3) Where the applicant –

(a) was the respondent to the appeal; and

(b) was required under the Asylum and Immigration Tribunal (Procedure) Rules 2005 to serve the Tribunal’s determination on the appellant,

the notice lodged under paragraph (2) shall contain a statement of the date on which and the means by which the determination was so served.

(4) A notice which is lodged outside the period specified in paragraph 30(5)(b) of Schedule 2 to the 2004 Act must –

(a) set out the grounds on which it is contended that the notice could not reasonably practicably have been lodged within that period; and

(b) be supported by written evidence verified by affidavit.

(5) If the applicant wishes to respond to the reasons given by the member of the Tribunal for his decision that he –

(a) does not propose to make an order for reconsideration; or

(b) does not propose to allow the application for an order for reconsideration to be made outside the relevant time limit,

the notice lodged under paragraph (2) shall be accompanied by a written submission setting out the grounds upon which the applicant disputes any of the reasons given by the member of the Tribunal and giving reasons in support of those grounds.

Written submissions

6

Where an application is for an order for reconsideration of a decision of the Tribunal to grant an appeal, the Court may order that written submissions may be lodged by the other party within a time limit to be fixed by the Court.

Determination of the application by the Court

7

(1) The Court shall determine an application for an order for reconsideration without a hearing.

(2) Unless it orders otherwise, the Court will not receive evidence which was not submitted to the Tribunal.

Service of order

8

(1) The proper officer shall serve copies of the order of the Court on –

(a) the applicant and the other party to the appeal, except where paragraph (2) applies; and

(b) the Tribunal.

(2) Where [³³⁹ the appellant is within the jurisdiction and] the application relates, in whole or in part, to an asylum claim, the proper officer shall send a copy of the order of the Court to the Secretary of State.

(3) Where the proper officer sends an order to the Secretary of State under paragraph (2), the Secretary of State must –

(a) serve the order on the appellant; and

(b) [³⁴⁰ immediately after serving the order, notify—

(i) the Court; and

(ii) where the order requires the Tribunal to reconsider its decsion on the appeal, the Tribunal,

on what date and by what method the order was served.]

(4) The Secretary of State must provide the notification required by paragraph (3)(b) no later than 28 days after the date on which the proper officer sends him a copy of the order.

(5) If the Court does not receive the notification under paragraph (3)(b) [³⁴¹ (i)] within the time specified therein, the proper officer may serve the order on the appellant.

(5A) ³⁴² Where the Court serves an order for reconsideration under paragraph (5), it will notify the Tribunal of the date on which the order was served.]

(6) Where paragraph (2) applies, the provisions of Order 66 rule S(b) shall not apply until either the Secretary of State has given the Court the notification required by paragraph (3)(a) or until 28 days after the proper officer sent a copy of the order to the Secretary of State, whichever is earlier.]

[ Continuing an application in circumstances in which it would otherwise be treated as abandoned

9

(1) This rule applies to an application under section 103A of the 2002 Act which—

(a) would otherwise be treated as abandoned under section 104(4A) of the 2002 Act; but

(b) meets the conditions set out in section 104(4B) or section 104(4C) of the 2002 Act.

(2) Where section 104(4A) of the 2002 Act applies and the applicant wishes to pursue the application, the applicant must lodge a notice in the Central Office—

(a) where section 104(4B) of the 2002 Act applies, within 28 days of the date on which the applicant received notice of the grant of leave to enter or remain in the United Kingdom for a period exceeding 12 months; or

(b) where section 104(4C) of the 2002 Act applies, within 28 days of the date on which the applicant received notice of the grant of leave to enter or remain in the United Kingdom.

(3) Where the applicant does not comply with the time limits specified in paragraph (2), the application will be treated as abandoned in accordance with section 104(4) of the 2002 Act.

(4) The applicant must serve the notice lodged under paragraph (2) on the other party to the appeal.

(5) Where section 104(4B) of the 2002 Act applies, the notice lodged under paragraph (2) must state—

(a) the applicant’s full name and date of birth;

(b) the High Court reference number;

(d) the date on which the applicant was granted leave to enter or remain in the United Kingdom for a period exceeding 12 months; and

(e) that the applicant wishes to pursue the application insofar as it is brought on grounds relating to the Refugee Convention specified in section 84(1)(g) of the 2002 Act.

(6) Where section 104(4C) of the 2002 Act applies, the notice lodged under paragraph (2) must state—

(a) the applicant’s full name and date of birth;

(b) the High Court reference number;

(d) the date on which the applicant was granted leave to enter or remain in the United Kingdom; and

(e) that the applicant wishes to pursue the application insofar as it is brought on grounds relating to Article 20A of the Race Relations (Northern Ireland) Order 1997³⁴⁴ specified in section 84(1)(b) of the 2002 Act.

(7) Where an applicant has lodged a notice under paragraph (2) the Court will notify the applicant of the date on which it received the notice.

(8) The Court will send a copy of the notice issued under paragraph (7) to the other party to the appeal.].

Application for writ of habeus corpus ad subjiciendum

1

(1) Subject to paragraph (2), an application for a writ of habeas corpus ad subjiciendum shall be made ex parte or by originating notice of motion to the Court.

(2) A civil application for a writ of habeas corpus ad subjiciendum relative to the custody, care or control of a minor shall be made ex parte or by originating summons to a judge in chambers who shall for this purpose be deemed to constitute the Court.

(3) The application must, subject to paragraph (4), be supported by an affidavit by the person restrained showing that it is made at his instance and setting out the nature of the restraint.

(4) Where the person restrained is unable for any reason to make the affidavit required by paragraph (3), the affidavit may be made by some other person on his behalf and that affidavit must state for what reason the person detained is unable to make the affidavit himself.

Power of court to which ex parte application made

2

(1) Where an application is made ex parte, the court may make an order forthwith for the writ to issue or may direct that an application be made—

(a) by originating motion where the application is made in court, or

(b) by originating summons where the application is made in chambers.

(2) The summons or notice of motion must be served on the person against whom the issue of the writ is sought and on such other persons as the Court may direct, and, unless the Court otherwise directs, there must be at least 8 clear days between the service of the summons or notice and the date named therein for the hearing of the application.

Copies of affidavits to be supplied.

3

Every party to an application under rule 1 must supply to every other party on demand and on payment of the proper charges copies of the affidavits which he proposes to use at the hearing of the application.

Power to order release of person restrained

4

(1) Without prejudice to rule 2(1), the Court hearing an application for a writ of habeas corpus ad subjiciendum may in its discretion order that the person restrained be released, and such order shall be a sufficient warrant to any governor of a prison, constable or other person for the release of the person under restraint.

(2) Where such an application in a criminal cause or matter is heard by a single judge and the judge does not order the release of the person restrained, he shall direct that the application be made by originating motion to a court consisting of two or more judges.

Directions as to return of writ

5

Where a writ of habeas corpus ad subjiciendum is ordered to issue, the Court by which the order is made shall give directions as to the Court before which, and the date on which, the writ is returnable.

Service of writ and notice

6

(1) Subject to paragraphs (2) and (3), a writ of habeas corpus ad subjiciendum must be served personally on the person to whom it is directed.

(2) If it is not possible to serve such writ personally, or if it is directed to a governor of a prison or other public official, it must be served by leaving it with a servant or agent of the person to whom the writ is directed at the place where the person restrained is confined or restrained.

(3) If the writ is directed to more than one person, the writ must be served in manner provided by this rule on the person first named in the writ, and copies must be served on each of the other persons in the same manner as the writ.

(4) There must be served with the writ a notice, in Form No. 60 in Appendix A, stating the Court before which and the date on which the person restrained is to be brought and that in default of obedience proceedings for committal of the party disobeying will be taken.

Return of the writ

7

(1) The return to a writ of habeas corpus ad subjiciendum must be indorsed on or annexed to the writ and must state all the causes of the detainer of the person restrained.

(2) The return may be amended, or another return substituted therefor, by leave of the Court before which the writ is returnable.

Procedure at hearing of writ

8

When a return to a writ of habeas corpus ad subjiciendum is made, the return shall first be read, and motion then made for discharging or remanding the person restrained or amending or quashing the return, and where that person is brought up in accordance with the writ, his counsel shall be heard first, then the counsel for the opposite party, and then one counsel for the person restrained in reply.

Bringing up prisoner to give evidence, etc.

9

(1) An application for a writ of habeas corpus ad testificandum or of habeas corpus ad respondendum must be made ex parte on affidavit to a judge in chambers.

(2) An application for an order to bring up a prisoner, otherwise than by writ of habeas corpus, to give evidence in any cause or matter, civil or criminal, before any court or tribunal must be made ex parte on affidavit to a judge in chambers.

Form of writ

10

A writ of habeas corpus must be as nearly as possible in Form No. 59, 61 or 62 in Appendix A.

11

³⁴⁵ A court of two or more judges exercising jurisdiction pursuant to this Order shall be called a Divisional Court].

PART I — COUNTY COURT APPEALS

Interpretation

1

In this Part “the Order” means the County Courts (Northern Ireland) Order 1980³⁴⁶.

Lodgment and entry of appeal

2

(1) The appellant must lodge two copies of the notice of appeal in Form No. 37 in Appendix A in the Central Office within a period of 21 days commencing on the date on which the decree was pronounced in the County Court.

(2) One of the two copies of the notice of appeal must be duly stamped and endorsed with particulars of service.

(3) The proper officer shall on lodgment of the notice of appeal enter the appeal for hearing and send a copy of the notice of appeal lodged under this rule to the Chief Clerk of the court of trial who shall thereupon complete Form 37 A in Appendix A and send it to the proper officer together with [³⁴⁷ a certified copy of the original decreee appealed against].

(4) In a probate suit or any other matter where an original decree appealed from has been entered up in the permanent [³⁴⁸ records] of the county court, an office copy certified by the appropriate officer may be sent to the proper officer of the Central Office instead of the original.

Service of notice of appeal

3

The appellant must, within the period of 21 days mentioned in rule 2(1), serve a copy of the notice of appeal on all parties to the proceedings in the court below who are directly affected by the appeal and, subject to rule 4, it shall not be necessary to serve the notice on parties not so affected.

Directions as to service

4

(1) A judge may in any case direct that the notice of appeal be served upon any party to the proceedings in the county court on whom it has not been served, or upon any person not a party to those proceedings.

(2) In any case where a direction is given under this rule the judge may—

(a) postpone or adjourn the hearing of the appeal for such period and upon such terms as may be just;

(b) give such judgment and make such order on the appeal as might have been given or made if the person served in pursuance of the direction had originally been a party.

Application to state case treated as notice of appeal

5

(1) Where—

(a) any party has applied to a county court judge to state a case under Article 61 of the Order; and

(b) any other party lodges a notice of appeal against the decree under Article 60 of the Order;

then, unless the parties otherwise agree, the application to state a case under Article 61 of the Order shall have effect as if it were a notice of appeal lodged under rule 2 against the decree.

(2) Subject to any direction by a judge, service of a copy of the application to state a case on the other party shall be deemed to be service for the purpose of rule 3.

(3) The proper officer, on the lodgment of the notice of appeal to which this rule applies, shall inform the applicant—

(a) that a notice of appeal has been lodged under Article 60 of the Order; and

(b) that unless the parties otherwise agree, his application to state a case shall have effect as if it were a notice of appeal against the decree under Article 60 of the Order.

(4) The parties shall inform the proper officer, not later than 14 days from the date of the lodgment of the notice of appeal, of any agreement reached between the parties concerning the manner of questioning the decision of the county court judge.

More than one appellant

6

(1) Where two or more parties each lodge a notice of appeal against the same decree the appeals shall be listed and heard together unless the judge otherwise directs.

(2) The judge may declare any one or more of the parties appealing to be separately entitled or liable to the costs of such appeal or any part thereof.

[ Appeal books

6A

The appellant must, not later than 14 days after lodging the notice of appeal, lodge in the appropriate office one appeal book (unless the Master directs a different number) containing the following documents, namely—

(a) a copy of the notice of appeal;

(b) a copy of civil bill or other originating process;

(d) any other documents which may be relevant to the appeal.]

Venue

7

The Court may, in accordance with section 58 of the Act, either of its own motion or on the application by summons of any party, direct that an appeal be listed for hearing outside the Royal Courts of Justice.

Lodgment not to be disclosed

8

On the hearing of any appeal, in an action commenced by ordinary civil bill or remitted to the county court, where any money has been paid into the county court, that fact shall not be communicated to the judge until all questions of liability and the amount of the debt or damages have been decided, and the judge, in exercising a discretion as to costs, shall take into account both the fact that the money has been paid into the county court and the amount of such payment.

Stay of enforcement

9

The lodgment of a notice of appeal shall not operate as a stay of enforcement on foot of the decree, unless security is given for the costs of the appeal in accordance with directions to be given by the Master.

Withdrawal of appeal

10

(1) An appellant may withdraw his appeal by—

(a) lodging a notice of withdrawal with the proper officer in the Central Office at least 2 clear days before the day fixed for the hearing of the appeal;

(b) serving a copy of the notice of withdrawal at least 2 clear days before the day fixed for the hearing on every other party who was served with a notice of appeal; and

(2) Where an appeal is withdrawn or struck out the appeal shall be treated as having been dismissed by the Court.

Striking out an appeal

11

Where an appellant fails to comply with any of the provisions of this Part, any other party may apply to a judge to have the appeal struck out.

Discharge of security, etc.

12

Where the appeal is withdrawn or struck out—

(a) any security given for costs shall abide the order of the Master; and

(b) any stay of enforcement under this Part shall stand discharged.

12A

³⁵⁰ The proper officer shall send a copy of any order made under this Part to the Chief Clerk of the county court appealed from.]

PART II — APPEALS, REFERENCES AND APPLICATIONS UNDER STATUTORY PROVISIONS

Application

13

(1) Subject to paragraphs (2) and (3), an appeal to the High Court or a Judge thereof pursuant to the provisions of any statutory provision must be brought in accordance with the rules of this Part.

(2) This Part shall not apply to a county court appeal or an appeal by way of case stated.

(3) The following rules of this Part shall, in relation to an appeal to which this Part applies, have effect subject to any provision made in relation to that appeal by any other provisions of these Rules or by or under any statutory provision.

Notice and entry of appeal

14

(1) Every appeal must be brought by originating motion entitled in the matter of the relevant statute and shall specify the grounds upon which the appellant relies.

(2) The appellant must, within 21 days from receiving notice of the judgment, order, decree, decision, determination or award against which he appeals, issue the notice of motion and enter the appeal for hearing in the office of the Division to which the subject-matter of the appeal is assigned.

Service of notice of motion

15

(1) The appellant, on entering the appeal for hearing must, within 21 days mentioned in rule 14, serve a copy of the notice of motion personally, or by sending it by prepaid post to every person affected by the appeal.

(2) The Court may direct that the notice of appeal be served upon such other person or persons in such manner as it may direct.

Appeal books

16

The appellant must, not later than 7 days after entering the appeal for hearing, lodge in the appropriate office one appeal book (unless the Master directs a different number) containing the following documents, namely—

(a) the notice of motion;

(b) the judgment, order, decree, decision, determination or award appealed against;

(d) the legal aid certificate, if any;

(e) any other documents relevant to the appeal.

Application for leave to appeal

17

In any case where leave to appeal is required application for such leave may be made ex parte to a judge in the first instance.

Security for costs in tax cases

18

In any appeal against the imposition of a tax or duty, the respondent may apply to a judge by motion on notice for an order staying the proceedings until the appellant shall pay into court or give security for the sum in dispute, and such order may be made therein as the judge may think fit.

References

19

(1) ³⁵¹ Subject to paragraph, (2), the rules of this Part shall apply mutatis mutandis to any case not otherwise provided for where by any statutory provision, any matter or question, whether of law or fact, may be submitted or referred to the Court for its decision or opinion.

(2) Where the Registrar of Titles refers an application under section 53 of the Land Registration Act (Northern Ireland) 1970³⁵² to the High Court for decision, the time limit imposed by rules 14(2) and 15(1) shall be 6 weeks instead of 21 days.]

Applications

20

Any application under the provisions of any statutory provision, not otherwise provided for (other than an application by way of appeal or reference) may be brought in the manner in which appeals may be brought under the foregoing rules of this Part.

[ Applications under section 96AA of the Sexual Offences Act 2003

20A

(1) This rule applies to an application under section 96AA of the Sexual Offences Act 2003 for an order that the applicant shall cease to be subject to the notification requirements imposed by Part 2 of that Act (“a section 96AA application”).

(2) The rules of this Part apply to a section 96AA application with the modifications set out in paragraphs (3) and (4) and any other necessary modifications.

(3) The time limit in rule 14(2) shall not apply to a section 96AA application.

(4) In the application of rule 15(1) to a section 96AA application—

(i) the notice of motion shall be served within 21 days of the date upon which the application is entered for hearing; and

(ii) the persons to be served with the application shall include the Police Service of Northern Ireland.]

Copies of orders

21

The proper officer shall send a copy of any final order made under this Part to the court or tribunal concerned in the decision.

Application of Order 59

22

The provisions of Order 59 rule 10 shall apply to an appeal or reference under this Part.

Proceedings on case stated

1

(1) Subject to the provisions of any statutory provision or of these Rules, the party (hereinafter called “the applicant”) at whose instance a case has been stated by a court, tribunal or person on a point of law for the opinion of the High Court must, within 14 days after receiving it—

(a) enter the appeal for hearing by lodging the case stated with a duly stamped requisition for hearing in the Central Office;

(b) serve a copy of the case stated with the date of such entry endorsed thereon upon every other party to the appeal.

(2) Where a case may be stated for the opinion of the High Court under the provisions of any statutory provision and in so far as it makes no provision as to the procedure for stating and sending the case to the applicant then—

(a) the requisition to state the case must be lodged with the court, tribunal or person within 6 weeks commencing on the day the decision complained of was sent to the applicant; and

(b) the case must be settled by the court, tribunal or person and sent to the applicant within a period of 6 weeks commencing on the day the requisition was received.

Appeal books

2

The applicant after entering an appeal for hearing must within 14 days lodge in the appropriate office an appeal book (unless the master otherwise directs) containing the following documents, namely—

(a) the requisition to state a case;

(b) the case stated;

(d) any other documents which may be relevant to the appeal.

Signing of case stated

3

A case stated by a tribunal must be signed by the chairman as 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.

Withdrawal of case stated

4

(1) The applicant or any other person having carriage of the appeal may at any time before the date fixed for hearing apply to the court by motion on notice to withdraw the appeal.

(2) On the hearing of an application to withdraw an appeal any other party may apply to proceed with the appeal in the place of the applicant.

Copies of orders

5

The proper officer shall send a copy of any final order made under this Order to the court or tribunal concerned in the decision.

Custody of records

1

The Master (Queen’s Bench and Appeals) shall have the care and custody of the records and other proceedings on the Crown Side.

Affidavits

2

Affidavits used on the Crown Side shall be intituled “In the High Court of Justice in Northern Ireland, Queen’s Bench Division, Crown Side”.

Estreat of recognizances

3

(1) Every recognizance acknowledged in or removed into the Queen’s Bench Division must be filed in the Crown Office.

(2) No recognizance shall be estreated without the order of a judge.

(3) Every application to estreat a recognizance in the Queen’s Bench Division must be made by summons to a judge in chambers and must be supported by an affidavit showing in what manner the breach has been committed and proving that the summons was duly served.

(4) A summons under this rule must be served at least 2 clear days before the day named therein for the hearing.

(5) On the hearing of the application the judge may, and if requested by any party shall, direct any issue of fact in dispute to be tried by a jury.

(6) If it appears to the judge that a default has been made in performing the conditions of the recognizance, the Judge may order the recognizance to be estreated.

Issue of writs

4

(1) All writs on the Crown Side shall be issued out of the Crown Office.

(2) Every writ must be filed in the Crown Office together with the return thereto and a copy of any order made thereon.

Issue of motions

5

(1) Every motion in proceedings on the Crown Side must be issued out of the Crown Office.

(2) The party entering the motion for hearing must lodge in the Crown Office copies of the documents in the proceedings for the use of the Court at least 7 days before the day fixed for the hearing.

ORDER 58 — APPEALS FROM MASTERS, DISTRICT JUDGES AND JUDGES

Appeals from certain decisions of masters, etc., to judge in chambers

1

(1) [³⁵⁴ . . .]. Except as provided by rules 2 and 3, an appeal shall lie to a judge in chambers from any judgment, order or decision of a master, or of a district judge in the exercise of any probate jurisdiction.

(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 to attend before the judge on a day specified in the notice.

(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 served not less than 2 clear days before the day fixed for hearing the appeal.

(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 the Master (Queen’s Bench and Appeals)

2

An appeal shall lie to the Court of Appeal from any judgment, order or decision of the Master (Queen’s Bench and Appeals) given or made—

(a) on the hearing or determination of any cause, matter, question or issue tried before or referred to him under Order 36, rule 1, or

(b) on an assessment of damages under Order 37 or otherwise.

Appeals from certain decisions of the Master (Chancery)

3

An appeal shall lie to the Court of Appeal from any judgment, order or decision of the Master (Chancery) given or made on the hearing or determination of any cause, matter, question or issue ordered to be tried before him under Order 36, rule 1.

Appeal from a judge in chambers

4

Subject to section 35 of the Act (which restricts appeals), and without prejudice to section 44 of the Act (which provides for an appeal in cases of contempt of court), an appeal shall lie to the Court of Appeal from any judgment, order or decision of a judge in chambers.

Appeal from judgment, etc., of judge in interpleader proceedings

5

(1) Any judgment, order or decision of a judge given or made in summarily determining under Order 17, rule 3(2)(a) or (b), any question at issue between claimants in interpleader proceedings shall be final and conclusive against the claimants and all persons claiming under them unless leave to appeal to the Court of Appeal is given by the judge or the Court of Appeal.

(2) Where an interpleader issue is tried by a judge (with or without a jury), an appeal shall lie to the Court of Appeal, without the leave of the judge or that Court, from any judgment, order or decision given or made by the judge on the trial.

(3) The time within which notice of appeal under this rule must be served shall be the same as in the case of an appeal from an interlocutory order.

ORDER 59 — APPEALS TO THE COURT OF APPEAL

Application of Order to appeals

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 master or from any tribunal from which an appeal lies to that Court) not being an appeal for each other provision is made by these Rules or by any other statutory provision.

Application of Order to applications for new trial

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.

GENERAL PROVISIONS AS TO APPEALS

Notice of appeal

3

(1) An appeal to the Court of Appeal shall be by way of rehearing and must be brought by motion, and the notice of the motion is referred to in this Order as “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 leave of the Court of Appeal, 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) 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.

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

Time for appealing

4

(1) Subject to the provisions of this rule, every notice of appeal must be served under rule 3(4) within the following period (calculated from the date on which the judgement or order of the court below was filed), that is to say:—

(a) in the case of an appeal from an interlocutory order or from a judgment or order given or made under Order 14 or Order 86, 21 days;

(b) ³⁵⁵ in the case of an appeal from an order or decision made or given in the matter of any proceedings under the Bankruptcy Act (Northern Ireland) 1857 to 1980, Part XX and XXI of the Companies (Northern Ireland) Order 1986 or the Insolvency (Northern Ireland) Order 1989, 28 days.]

(2) Where a summons to vary or discharge a certificate and the further consideration of an action are heard together, and an order is made on both, notice of appeal in respect of the order made on the summons may be served at any time before the expiration of the period within which notice of appeal could be served in respect of the order made on further consideration.

(3) 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 1969³⁵⁶ 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.

Setting down appeal

5

(1) The appellant must, within 7 days after service of the notice of appeal, or within such further time as the Master (Queen’s Bench and Appeals) may allow, enter the appeal for hearing by lodging in the Central Office

(a) 2 copies of the notice of appeal, of which one copy must be duly stamped and endorsed with particulars of service;

(b) a copy of the judgment or order of the court below.

(2) Upon the appeal being entered it shall be listed for hearing not earlier than the date named in the notice of appeal, unless an earlier date is fixed at the request and with the written consent of both the appellant and the respondent.

Respondent’s notice

6

(1) A respondent who, having been served with a notice of appeal, desires—

(a) to contend on the appeal that the decision of the court below should be varied, either in any event or in the event of the appeal being allowed in whole or in part, or

(b) to contend that the decision of the court below should be affirmed on grounds other than those relied upon by that court, or

must give notice to that effect, specifying the grounds of his contention and, in a case to which paragraph (a) or (c) relates, the precise form of the order which he proposes to ask the Court to make.

(2) Except with the leave of the Court of Appeal, a respondent shall not be entitled on the hearing of the appeal to apply for any relief not specified in a notice under paragraph (1) or to rely, in support of any contention, upon any ground which has not been specified in such a notice or relief upon by the court below.

(3) Any notice given by a respondent under this rule (in this Order referred to as a “respondent’s notice”) must be served on the appellant, and on all parties to the proceedings in the court below who are directly affected by the contentions of the respondent, and must be served—

(a) where the notice of appeal related to an interlocutory order, within 7 days, and

(b) in any other case, within 21 days,

after the service of the notice of appeal on the respondent.

(4) A party by whom a respondent’s notice is given must, within 2 days after service of the notice, furnish two copies of the notice to the proper officer in the Central Office.

Amendment of notice of appeal and respondent’s notice

7

A notice of appeal or respondent’s notice may be amended by or with the leave of the Court of Appeal, at any time.

Directions of the Court as to service

8

(1) The Court of Appeal may in any case direct that a notice of appeal or respondent’s notice be served on any party to the proceedings in the court below on whom it has not been served, or on any person not party to those proceedings.

(2) The Court of Appeal may in any case where it gives a direction under this rule—

(a) postpone or adjourn the hearing of the appeal for such period and on such terms as may be just, and

(b) give such judgment and make such order on the appeal as might have been given or made if the persons served in pursuance of the direction had originally been parties.

Documents to be lodged by appellant

9

(1) Not less than 7 days before the appeal is likely to be listed for hearing the appellant must cause to be lodged in the Central Office the number of copies for which paragraph (2) provides of each of the following documents, namely—

(a) the notice of appeal;

(b) the respondent’s notice;

(d) the pleadings (including particulars), if any, and, in the case of an appeal in an Admiralty cause or matter, the preliminary acts, if any;

(e) the transcript of the official shorthand note, if any, of the judgment or order of the court below or, in the absence of such a note, the judge’s note of his reasons for giving the judgment or making the order;

(f) such parts of the transcript of the official shorthand note, if any, of the evidence given in the court below as are relevant to any question at issue on the appeal or, in the absence of such a note, such parts of the judge’s note of the evidence as are relevant to any such question;

(g) any list of exhibits made under Order 35, rule 8, or the schedule of evidence, as the case may be;

(h) such affidavits, exhibits, or parts of exhibits, as were in evidence in the court below and as are relevant to any question at issue on the appeal.

(2) The number of copies to be lodged in accordance with paragraph (1) is three unless the Master directs a different number.

General powers of the Court

10

(1) In relation to an appeal the Court of Appeal shall have all the powers and duties as to amendment and otherwise of the High Court including, without prejudice to the generality of the foregoing words, the powers of the Court under Order 36 to refer any question or issue of fact for trial before, or inquiry and report by, a master or referee.

(2) The Court of Appeal shall have power to receive further evidence on questions of fact, either by oral examination in court, by affidavit, or by deposition taken in accordance with Order 39 but, in the case of an appeal from a judgment after trial or hearing of any cause or matter on the merits, no such further evidence (other than evidence as to matters which have occurred after the date of the trial or hearing) shall be admitted except on special grounds.

(3) The Court of Appeal shall have power to draw inferences of fact and to give any judgment and make any order which ought to have been given or made, and to make such further or other order as the case may require.

(4) The powers of the Court of Appeal under the foregoing provisions of this rule may be exercised notwithstanding that no notice of appeal or respondent’s notice has been given in respect of any particular part of the decision of the court below or by any particular party to the proceedings in that court, or that any ground for allowing the appeal or for affirming or varying the decision of that court is not specified in such a notice; and the Court of Appeal may make any order, on such terms as the Court thinks just, to ensure the determination on the merits of the real question in controversy between the parties.

(5) The Court of Appeal may, in special circumstances, order that such security shall be given for the costs of an appeal as may be just.

(6) The powers of the Court of Appeal in respect of an appeal shall not be restricted by reason of any interlocutory order from which there has been no appeal.

(7) Documents impounded by order of the Court of Appeal shall not be delivered out of the custody of that Court except in compliance with an order of that Court:

Provided that where the Attorney General or the Director of Public Prosecutions makes a written request in that behalf, documents so impounded shall be delivered into his custody.

(8) Documents impounded by order of the Court of Appeal, while in the custody of that Court, shall not be inspected except by a person authorised to do so by an order of that Court.

Powers of the Court as to new trials

11

(1) On the hearing of any appeal the Court of Appeal may, if it thinks fit, make any such order as could be made in pursuance of an application for a new trial or to set aside a verdict, finding or judgment of the court below.

(2) The Court of Appeal shall not be bound to order a new trial on the ground of misdirection, or of the improper admission or rejection of evidence, or because the verdict of the jury was not taken upon a question which the judge at the trial was not asked to leave to them, unless in the opinion of the Court of Appeal some substantial wrong or miscarriage has been thereby occasioned.

(3) A new trial may be ordered on any question without interfering with the finding or decision on any other question; and if it appears to the Court of Appeal that any such wrong or miscarriage as is mentioned in paragraph (2) affects part only of the matter in controversy, or one or some only of the parties, the Court may order a new trial as to that part only, or as to that party or those parties only, and give final judgment as to the remainder.

(4) ³⁵⁷ In any case where the Court of Appeal has power to order a new trial on the ground that damages awarded by a jury are excessive or inadequate, the Court may, instead of ordering a new trial, substitute for the sum awarded by the jury such sums as appears to the Court to be proper; but except as aforesaid the Court of Appeal shall not have power to increase or reduce the damages awarded by a jury.]

(5) A new trial shall not be ordered by reason of the ruling of any judge that a document is sufficiently stamped or does not require to be stamped.

Evidence on appeal

12

Where any question of fact is involved in an appeal, the evidence taken in the court below bearing on the question shall, subject to any direction of the Court of Appeal, be brought before that Court as follows:—

(a) in the case of evidence taken by affidavit, by the production of printed copies of such of the affidavits as have been printed, and office copies of such of them as have not been printed;

(b) in the case of evidence given orally, by a copy of so much of the transcript of the official shorthand note as is relevant or by a copy of the judge’s note, where he has intimated that in the event of an appeal his note will be sufficient, or by such other means as the Court of Appeal may direct.

Stay of enforcement, etc.

13

(1) Except so far as the court below or the Court of Appeal may otherwise direct—

(a) an appeal shall not operate as a stay of enforcement or of proceedings under the decision of the court below;

(b) no intermediate act or proceeding shall be invalidated by an appeal.

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