Court of Appeal (Civil) (Judicial Review) Rules 2000

Link to law: http://www.jerseylaw.je/Law/display.aspx?url=lawsinforce%2fconsolidated%2f07%2f07.245.20_CourtofAppeal(Civil)(JudicialReview)Rules2000_RevisedEdition_1January2010.htm
Published: 2010-01-01

Court of Appeal (Civil) (Judicial Review) Rules 2000

Revised Edition

07.245.20

Showing the law as at 1 January 2010

This is a revised edition of the law

Court of Appeal (Civil) (Judicial Review) Rules 2000

Arrangement

Rule

1            Interpretation

2            Limitation on application

3            Appeal against the refusal of leave or the grant of leave with conditions ex parte

4            Appeal against the refusal or grant of leave inter partes

5            Appeal against an order setting aside or refusing to set aside leave

6            Appeal against the substantive order

7            Power to extend and abridge time

8            Citation

SCHEDULE 1

FORM OF NOTICE OF APPEAL AGAINST THE REFUSAL OF LEAVE EX PARTE

SCHEDULE 2

FORM OF NOTICE OF APPEAL AGAINST THE CONDITIONS ATTACHED TO THE GRANT OF LEAVE EX PARTE

SCHEDULE 3

FORM OF NOTICE OF APPEAL AGAINST THE REFUSAL OF LEAVE INTER PARTES

SCHEDULE 4

FORM OF NOTICE OF APPEAL BY THE APPLICANT AGAINST THE CONDITIONS ATTACHED TO THE GRANT OF LEAVE INTER PARTES

SCHEDULE 5

FORM OF NOTICE OF APPEAL AGAINST THE GRANT OF LEAVE INTER PARTES

SCHEDULE 6

FORM OF NOTICE OF APPEAL BY THE RESPONDENT AGAINST THE CONDITIONS ATTACHED TO THE GRANT OF LEAVE INTER PARTES

SCHEDULE 7

FORM OF NOTICE OF APPEAL AGAINST AN ORDER SETTING ASIDE LEAVE

SCHEDULE 8

FORM OF NOTICE OF APPEAL AGAINST AN ORDER IMPOSING CONDITIONS UPON THE GRANT OF LEAVE MADE UPON AN APPLICATION TO SET ASIDE LEAVE

SCHEDULE 9

FORM OF NOTICE OF APPEAL AGAINST AN ORDER REFUSING TO SET ASIDE LEAVE

SCHEDULE 10

FORM OF NOTICE OF APPEAL AGAINST AN ORDER REFUSING TO IMPOSE CONDITIONS UPON THE GRANT OF LEAVE MADE UPON AN APPLICATION TO SET ASIDE LEAVE

SCHEDULE 11

FORM OF NOTICE OF APPEAL AGAINST THE SUBSTANTIVE ORDER

Supporting Documents

Endnotes

Table of Legislation History

Table of Renumbered Provisions

Table of Endnote References



Court of Appeal (Civil) (Judicial Review) Rules 2000

THE COURT OF APPEAL, in pursuance of Article 19 of the Court of Appeal (Jersey) Law 1961,[1] and of all other powers enabling it in this behalf, has made the following Rules –

Commencement [see endnotes]

1      Interpretation

In these Rules, unless the context otherwise requires –

“appeal against an order setting aside or refusing to set aside leave” means an appeal to the Court against a decision of the Bailiff, sitting as sole judge, to set aside or to refuse to set aside an order of the Bailiff, sitting as sole judge, made ex parte granting leave to apply for judicial review or to vary or to refuse to vary conditions attached to such an order;

“appeal against the refusal of leave or the grant of leave with conditions ex parte” means an appeal to the Court against a decision of the Bailiff, sitting as sole judge, to refuse or to grant with conditions an application made ex parte for leave to apply for judicial review;

“appeal against the refusal or the grant of leave inter partes” means an appeal to the Court against a decision of the Bailiff, sitting as sole judge, to refuse or to grant with or without conditions an application made inter partes for leave to apply for judicial review;

“appeal against the substantive order” means an appeal to the Court against the decision of the Royal Court in relation to the application for judicial review”;

“conditions” means any terms or conditions imposed on the applicant or any stay or other order granted to the applicant upon the grant of leave to apply for judicial review;

“Court” means the Court of Appeal;

“court below” means the court whose decision is appealed from.

2      Limitation on application

These Rules shall apply only to appeals to the Court in relation to or in connection with applications for judicial review in civil proceedings.

3      Appeal against the refusal of leave or the grant of leave with conditions ex parte

(1)    An appeal against the refusal of leave or the grant of leave with conditions ex parte shall be brought by notice of appeal substantially in the form set out in Schedule 1 or 2.

(2)    Except with the leave of the Court, the applicant shall not be entitled at the hearing of the appeal to rely on any grounds of appeal, or to apply for any relief, not specified in the notice of appeal.

(3)    Where the applicant intends to appeal against the refusal of leave or the grant of leave with conditions ex parte, the applicant shall apply to the court below for leave to appeal to the Court at the hearing before the court below.

(4)    Where leave to appeal to the Court is granted by the court below, the notice of appeal shall be lodged with the Judicial Greffier within 7 days from the date on which the order of the court below was made.

(5)    Where leave to appeal to the Court is not granted by the court below, the applicant shall, if the applicant intends to proceed with the appeal, lodge with the Judicial Greffier the notice of appeal and an application to the Court for leave to appeal, within 7 days from the date on which the order of the court below was made.

(6)    The applicant shall, within 7 days from the date of lodging of the notice of appeal, lodge with the Judicial Greffier 4 copies of –

(a)     the documents, including authorities which were presented to the court below;

(b)     the order of the court below;

(c)     the notice of appeal;

(d)     where appropriate, the application to the Court for leave to appeal; and

(e)     any additional authorities to which the applicant wishes to refer.

(7)    If the applicant shall fail to comply with the terms of paragraph (6), then, subject to the terms of Rule 7, the appeal shall be deemed to have been abandoned.

(8)    A date shall be fixed for the hearing of the appeal as soon as is convenient to the Court, and the Judicial Greffier shall, with the least possible delay, give notice thereof to the applicant or the applicant’s advocate or solicitor.

4      Appeal against the refusal or grant of leave inter partes

(1)    An appeal against the refusal or grant of leave inter partes shall be brought by notice of appeal substantially in the form set out in Schedule 3, 4, 5 or 6.

(2)    Except with the leave of the Court, the appellant shall not be entitled at the hearing of the appeal to rely on any grounds of appeal, or to apply for any relief, not specified in the notice of appeal.

(3)    Where a party intends to appeal against the refusal or grant of leave inter partes, the party shall apply to the court below for leave to appeal to the Court at the hearing before the court below.

(4)    Where leave to appeal to the Court is granted by the court below, the notice of appeal shall be lodged with the Judicial Greffier within 7 days from the date on which the order of the court below was made.

(5)    Where leave to appeal to the Court is not granted by the court below, the party appealing shall, if the party intends to proceed with the appeal, lodge with the Judicial Greffier the notice of appeal and an application to the Court for leave to appeal, within 7 days from the date on which the order of the court below was made.

(6)    Every notice of appeal and, where appropriate, every application to the Court for leave to appeal to the Court shall be served upon all other parties who appeared before the court below and are directly affected by the appeal within 7 days from the date on which the order of the court below was made and the appellant shall, within one day from receiving the record of the Viscount certifying that the notice of appeal or the notice of appeal and the application for leave have been duly served, lodge with the Judicial Greffier a copy of the same and a copy of the notice of appeal or the notice of appeal and the application for leave.

(7)    The appellant shall, within 7 days from the date of lodging of the notice of appeal, lodge with the Judicial Greffier, 4 copies of –

(a)     the documents including authorities which were presented to the court below by every party to the appeal;

(b)     the order of the court below;

(c)     the notice of appeal;

(d)     where appropriate, the application for leave to appeal to the Court; and

(e)     any additional authorities to which the appellant wishes to refer.

(8)    When the appellant has complied with paragraph (7) the appellant shall, within one day, deliver to every other party to the appeal a copy of the documents referred to in paragraph (7).

(9)    If the appellant shall fail to comply with the terms of paragraph (7), then, subject to the terms of Rule 7, the appeal shall be deemed to have been abandoned.

(10)  A date shall be fixed for the hearing of the appeal as soon as is convenient to the Court and the Judicial Greffier shall, with the least possible delay, give notice thereof to the appellant and to every other party to the appeal or to their respective advocates or solicitors.

5      Appeal against an order setting aside or refusing to set aside leave

(1)    An appeal against an order setting aside or refusing to set aside leave shall be brought by notice of appeal substantially in the form set out in Schedule 7, 8, 9 or 10.

(2)    Except with the leave of the Court, the appellant shall not be entitled at the hearing of the appeal to rely on any grounds of appeal, or to apply for any relief, not specified in the notice of appeal.

(3)    Where a party intends to appeal against an order setting aside or refusing to set aside leave inter partes, the party shall apply to the court below for leave to appeal to the Court at the hearing before the court below.

(4)    Where leave to appeal to the Court shall be granted by the court below, the notice of appeal shall be lodged with the Judicial Greffier within 7 days from the date on which the order of the court below was made.

(5)    Where leave to appeal shall not be granted by the court below, the party appealing shall, if the party intends to proceed with the appeal, lodge with the Judicial Greffier the notice of appeal and an application to the Court for leave to appeal, within 7 days from the date on which the order of the court below was made.

(6)    Every notice of appeal and, where appropriate, every application to the Court for leave to appeal to the Court shall be served upon all other parties who appeared before the court below who are directly affected by the appeal within 7 days from the date on which the order of the court below was made and the appellant shall, within one day from receiving the record of the Viscount certifying that the notice of appeal or the notice of appeal and the application for leave have been duly served, lodge with the Judicial Greffier a copy of the same and a copy of the notice of appeal or the notice of appeal and the application for leave.

(7)    The appellant shall, within 7 days from the date of lodging of the notice of appeal, lodge with the Judicial Greffier, 4 copies of –

(a)     the documents including authorities which were presented to the court below by every party to the appeal;

(b)     the order of the court below;

(c)     the notice of appeal;

(d)     where appropriate, the application for leave to appeal to the Court; and

(e)     any additional authorities to which the appellant wishes to refer.

(8)    When the appellant has complied with paragraph (7) the appellant shall, within one day, deliver to every other party to the appeal a copy of the documents referred to in paragraph (7).

(9)    If the appellant shall fail to comply with the terms of paragraph (7), then, subject to the terms of Rule 7, the appeal shall be deemed to have been abandoned.

(10)  A date shall be fixed for the hearing of the appeal as soon as is convenient to the Court and the Judicial Greffier shall, with the least possible delay, give notice thereof to the appellant and to every other party to the appeal or to their respective advocates or solicitors.

6      Appeal against the substantive order

(1)    An appeal against the substantive order shall be brought by notice of appeal substantially in the form set out in Schedule 11.

(2)    Except with the leave of the Court, the appellant shall not be entitled at the hearing of the appeal to rely on any grounds of appeal, or to apply for any relief, not specified in the notice of appeal.

(3)    Every notice of appeal shall be served upon all other parties who appeared before the Court below and are directly affected by the appeal within 14 days from the date on which the order was made and the appellant shall, within one day from receiving the record of the Viscount certifying that the notice of appeal has been duly served, lodge with the Judicial Greffier a copy of the same and a copy of the notice of appeal.

(4)    The following parts of the Court of Appeal (Civil) Rules 1964,[2] shall apply to appeals under this Rule –

(a)     Rule 4;

(b)     Rule 5;

(c)     Rule 6;

(d)     Rule 7;

(e)     Rule 8;

(f)     Rule 9;

(g)     Rule 10;

(h)     Rule 11;

(i)     Rule 12;

(j)     Rule 13;

(k)     Rule 14; and

(l)     Rule 15.[3]

7      Power to extend and abridge time[4]

(1)    The Court or a judge thereof shall have power to enlarge or abridge the time appointed by these Rules, or fixed by an order, for doing any act or taking any proceeding, on such terms (if any) as the justice of the case may require, and any such enlargement may be ordered although the application for the same is not made until after the expiration of the time appointed or allowed.

(2)    Without prejudice to the power of the Court or a judge thereof under paragraph (1) to enlarge or abridge the time prescribed by any provision of these Rules, the period for serving notice of appeal under Rule 6(3) may be enlarged or abridged by the court below at any time.

8      Citation

These Rules may be cited as the Court of Appeal (Civil) (Judicial Review) Rules 2000.



SCHEDULE 1

(Rule 3(1))

FORM OF NOTICE OF APPEAL AGAINST THE REFUSAL OF LEAVE EX PARTE

In the Court of Appeal of Jersey



On appeal from the Royal Court of Jersey



BETWEEN…………………………………...…..……Applicant



AND…………………...……………………….....…Respondent



TAKE NOTICE that, on appeal from the order made by the Royal Court on the day of  20 , whereby leave to apply for judicial review was refused in respect of [state the judgment, order, decision or other proceeding in respect of which relief is sought or, if leave was refused in relation to only part of the application for judicial review, the part of the application which was refused in relation to which the appeal is lodged], the applicant will ask the Court of Appeal to order [state the precise form of order applied for].



AND FURTHER TAKE NOTICE that the grounds of this appeal are –



 



..........…………………………



 



Advocate for the Applicant



To the Judicial Greffier.



 



SCHEDULE 2

(Rule 3(1))

FORM OF NOTICE OF APPEAL AGAINST THE CONDITIONS ATTACHED TO THE GRANT OF LEAVE EX PARTE

In the Court of Appeal of Jersey



On appeal from the Royal Court of Jersey



BETWEEN…………………………………...…..……Applicant



AND…………………………...……………….....…Respondent



TAKE NOTICE that, on appeal from the order made by the Royal Court on the day of  20 , whereby leave to apply for judicial review was granted in respect of [state the part of the application which was granted and the conditions in relation to which the appeal is lodged], the applicant will ask the Court of Appeal to order [state the precise form of order applied for].



AND FURTHER TAKE NOTICE that the grounds of this appeal are –



 



..........…………………………



 



Advocate for the Applicant



To the Respondent or to the Respondent’s advocate or solicitor.



SCHEDULE 3

(Rule 4(1))

FORM OF NOTICE OF APPEAL AGAINST THE REFUSAL OF LEAVE INTER PARTES

In the Court of Appeal of Jersey



On appeal from the Royal Court of Jersey



BETWEEN…………………………………...…..……Applicant



AND…………………………...……………….....…Respondent



TAKE NOTICE that, on appeal from the order made by the Royal Court on the day of  20 , whereby leave to apply for judicial review was refused in respect of [state the judgment, order, decision or other proceeding in respect of which relief is sought or, if leave was refused in relation to only part of the application for judicial review, the part of the application which was refused in relation to which the appeal is lodged], the applicant will ask the Court of Appeal to order [state the precise form of order applied for].



AND FURTHER TAKE NOTICE that the grounds of this appeal are –



 



..........…………………………



 



Advocate for the Applicant



To the Respondent or to the Respondent’s advocate or solicitor.



SCHEDULE 4

(Rule 4(1))

FORM OF NOTICE OF APPEAL BY THE APPLICANT AGAINST THE CONDITIONS ATTACHED TO THE GRANT OF LEAVE INTER PARTES

In the Court of Appeal of Jersey



On appeal from the Royal Court of Jersey



BETWEEN…………………………………...…..……Applicant



AND…………………………...……………….....…Respondent



TAKE NOTICE that, on appeal from the order made by the Royal Court on the day of  20 , whereby leave to apply for judicial review was granted in respect of [state the part of the application which was granted and the conditions in relation to which the appeal is lodged], the applicant will ask the Court of Appeal to order [stated the precise form of order applied for].



AND FURTHER TAKE NOTICE that the grounds of the appeal are –



 



..........…………………………



 



Advocate for the Applicant



To the Respondent or to the Respondent’s advocate or solicitor.



SCHEDULE 5

(Rule 4(1))

FORM OF NOTICE OF APPEAL AGAINST THE GRANT OF LEAVE INTER PARTES

In the Court of Appeal of Jersey



On appeal from the Royal Court of Jersey



BETWEEN…………………………………...…..……Applicant



AND…………………..……………………….....…Respondent



TAKE NOTICE that, on appeal from the order made by the Royal Court on the day of  20 , whereby leave to apply for judicial review was granted in respect of [state the judgment, order, decision or other proceeding in respect of which relief is sought or, if the application for leave was granted in part, the part of the leave which granted in relation to which the appeal is lodged], the respondent will ask the Court of Appeal to order [state the precise form of order applied for].



AND FURTHER TAKE NOTICE that the grounds of this appeal are –



 



..........…………………………



 



Advocate for the Respondent



To the Applicant or to the Applicant’s advocate or solicitor.



SCHEDULE 6

(Rule 4(1))

FORM OF NOTICE OF APPEAL BY THE RESPONDENT AGAINST THE CONDITIONS ATTACHED TO THE GRANT OF LEAVE INTER PARTES

In the Court of Appeal of Jersey



BETWEEN…………………………………...…..……Applicant



AND…………………………...……………….....…Respondent



TAKE NOTICE that, on appeal from the order made by the Royal Court on the day of  20 , whereby leave to apply for judicial review was granted in respect of [state the part of the application which was granted and the conditions in relation to which the appeal is lodged], the respondent will ask the Court of Appeal to order [state the precise form of order applied for].



AND FURTHER TAKE NOTICE that the grounds of this appeal are –



 



..........…………………………



 



Advocate for the Respondent



To the Appellant or to the Appellant’s advocate or solicitor.



SCHEDULE 7

(Rule 5(1))

FORM OF NOTICE OF APPEAL AGAINST AN ORDER SETTING ASIDE LEAVE

In the Court of Appeal of Jersey



On appeal from the Royal Court of Jersey



BETWEEN…………………………………...…..……Applicant



AND…………………………………………….....…Respondent



TAKE NOTICE that, on appeal from the order made by the Royal Court on the day of  20 , whereby leave to apply for judicial review was set aside in respect of [state the part of the leave which was set aside in relation to which the appeal is lodged], the applicant will ask the Court of Appeal to order [state the precise form of order applied for].



AND FURTHER TAKE NOTICE that the grounds of the appeal are –



 



..........…………………………



 



Advocate for the Applicant



To the Respondent or to the Respondent’s advocate or solicitor.



SCHEDULE 8

(Rule 5(1))

FORM OF NOTICE OF APPEAL AGAINST AN ORDER IMPOSING CONDITIONS UPON THE GRANT OF LEAVE MADE UPON AN APPLICATION TO SET ASIDE LEAVE

In the Court of Appeal of Jersey



On appeal from the Royal Court of Jersey



BETWEEN…………………………………...…..……Applicant



AND…………………………...……………….....…Respondent



TAKE NOTICE that, on appeal from the order made by the Royal Court on the day of  20 , whereby conditions were attached to the grant of leave to apply for judicial review upon an application to set aside leave in respect of [state the part of the grant of leave and the conditions in relation to which the appeal is lodged], the applicant will ask the Court of Appeal to order [state the precise form of order applied for].



AND FURTHER TAKE NOTICE that the grounds of the appeal are –



 



..........…………………………



 



Advocate for the Applicant



To the Respondent or to the Respondent’s advocate or solicitor.



SCHEDULE 9

(Rule 5(1))

FORM OF NOTICE OF APPEAL AGAINST AN ORDER REFUSING TO SET ASIDE LEAVE

In the Court of Appeal of Jersey



On appeal from the Royal Court of Jersey



BETWEEN…………………………………...…..……Applicant



AND…………………...……………………….....…Respondent



TAKE NOTICE that, on appeal from the order made by the Royal Court on the day of  20 , whereby the application to set aside leave to apply for judicial review was refused in respect of [state the judgment, order, decision or other proceeding in respect of which relief is sought or, if the application to set aside leave was refused in part, the part of the leave which was not set aside in relation to which the appeal is lodged], the respondent will ask the Court of Appeal to order [state the precise form of order applied for].



AND FURTHER TAKE NOTICE that the grounds of the appeal are –



 



..........…………………………



 



Advocate for the Respondent



To the Applicant or to the Applicant’s advocate or solicitor.



SCHEDULE 10

(Rule 5(1))

FORM OF NOTICE OF APPEAL AGAINST AN ORDER REFUSING TO IMPOSE CONDITIONS UPON THE GRANT OF LEAVE MADE UPON AN APPLICATION TO SET ASIDE LEAVE

In the Court of Appeal of Jersey



On appeal from the Royal Court of Jersey



BETWEEN…………………………………...…..……Applicant



AND…………………………...……………….....…Respondent



TAKE NOTICE that, on appeal from the order made by the Royal Court on the day of  20 , whereby the application to attach conditions to the grant of leave to apply for judicial review was refused on an application to set aside leave in respect of [state the part of the grant of leave and the conditions in relation to which the appeal is lodged], the respondent will ask the Court of Appeal to order [state the precise form of order applied for].



AND FURTHER TAKE NOTICE that the grounds of the appeal are –



 



..........…………………………



 



Advocate for the Respondent



To the Applicant or to the Applicant’s advocate or solicitor.



SCHEDULE 11

(Rule 6(1))

FORM OF NOTICE OF APPEAL AGAINST THE SUBSTANTIVE ORDER

In the Court of Appeal of Jersey



On appeal from the Royal Court of Jersey



BETWEEN…………………………………...…..……Applicant



AND…………………...……………………….....…Respondent



TAKE NOTICE that, on appeal from the judgment given [or order made] by the Royal Court at the hearing of these judicial review proceedings on the day of  20 , whereby it was adjudged [or ordered, or directed] that.................................................[or, if only part of the judgment or order is appealed from, on appeal from so much of the judgment given [or order made] by the Royal Court on the
day of  20 , as adjudged [or ordered, or directed] that ............................] the applicant/respondent will ask the Court of Appeal to order [state the precise form of the order applied for].



AND FURTHER TAKE NOTICE that the grounds of the appeal are –



 



..........……………………………......



 



Advocate for the applicant/respondent



To the respondent/applicant or to the respondent’s/applicant’s advocate or solicitor.



Endnotes

Table of Legislation History



Legislation



Year and No



Commencement



Court of Appeal (Civil) (Judicial Review) (Jersey) Rules 2000



R&O.11/2000



3 April 2000



Court of Appeal (Civil) (Judicial Review) (Amendment) Rules 2009



R&O.82/2009



3 August 2009



Table of Renumbered Provisions



Original



Current



2(1)



2



2(2)



spent, omitted from this revised edition



Table of Endnote References



[1]



chapter 07.245



[2]



chapter 07.245.10



[3] Rule 6(4)



amended by R&O.82/2009



[4] Rule 7



heading substituted by R&O.82/2009
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