Published: 1958-02-01
Key Benefits:
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PART II
Subsidiary Legislation under the Judicial Committee Act, 1833 ( 3 & 4 Will. 4. c. 41) of the United Kingdom
JUDICIAL COMMITTEE RULES, 19573 Made ................................. 20th December, 1957
Coming into Operation ........... 1st February, 1958 At the Court at Buckingham Palace, the 20th day of
December, 1957 Present,
The Queen’s Most Excellent Majesty in Council Whereas there was this day read at the Board a
representation from the Judicial Committee of the Privy Council recommending that certain Orders in Council relating to the practice and procedure in accordance with which the general appellate jurisdiction of Her Majesty in Council is exercised, dated respectively the second day of May, 19254, the eighth day of August, 1932 5, the thirtieth day of April, 1936 6, and the twenty-fifth day of February, 19447, ought to be revoked as from the first day of February, 1958, and that the several rules thereunto annexed ought to be substituted therefor and ought to come into operation on that date —
Now, therefore, Her Majesty, having taken the said representation into consideration, and in exercise of the powers conferred on Her by section twenty-four of the Judicial Committee Act, 1833 8, or otherwise in Her vested, is pleased, by and with the advice of Her Privy Council, to approve thereof and to order, as it is hereby ordered, as follows —
3 As amended by S.I. 1963 No. 372. 4 S.R. & O. 1925/440 (Rev. XI, p. 208: 1925, p. 668). 5 S.R. & O. 1932/865 (1932, p. 679). 6 S.R. & O. 1944/192 (1944 I, p. 398). 7 S.R. & O. 1944/193 (1944 I, p. 399). 8 3 & 4 Will. 4. c. 41.
S.I. 1957 No. 2224
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1. The Orders in Council mentioned in the said representation are hereby revoked, and the rules thereunto annexed are substituted therefor, as set out in the Schedule to this Order.
2. This Order shall come into operation on the first day of February, 1958.
ARRANGEMENT OF RULES
Rule. 1. Interpretation.
Leave to Appeal
2. Leave to appeal generally.
Special Leave to Appeal
3. Form of petition for special leave to appeal. 4. Six copies of Petition to be lodged with Affidavits in support. 5. Time for lodging Petition. 6. Security for costs and transmission of Record. 7. General provisions. 8. Petitions for special leave to appeal in forma pauperis. 9. Exemption from paying fees. 10. Exemption from payment of fees.
Record and Appearance by Appellant
11. Record to be transmitted without delay. 12. Printing or duplicating of Record. 13. Record printed abroad. 14. Record printed in England. 15. Record printed partly abroad. 16. Reasons for judgments to be included. 17. Exclusion of unnecessary documents from Record. 18. Documents objected to be indicated. 19. Registration and numbering of Records. 20. Inspection of Record by parties. 21. Appearance of Appellant. 22. Times within which a copy of a written Record shall be
bespoken. 23. Preparation of copy of Record for printing. 24. Lodging copy of Record for printing.
Revocation.
Commencement.
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25. Special Case. 26. Examination of proof of Record and striking off copies. 27. Copies of Record. 28. How costs of printing Record to be borne.
Petition of Appeal
29. Times within which Petition shall be lodged. 30. Form of Petition. 31. Service of Petition.
Withdrawal of Appeal
32. Before Petition of Appeal has been lodged. 33. After Petition of Appeal has been lodged.
Non-Prosecution of Appeal
34. Where Appellant takes no step in prosecution. 35. Non-prosecution after Appellant’s appearance. 36. Non-prosecution after lodgment of Petition of Appeal. 37. Restoring an Appeal.
Appearance by Respondent
38. Time within which Respondent may appear. 39. Notice of Appearance by Respondent. 40. Form of Appearances. 41. Separate Appearances. 42. Non-appearing Respondent. 43. Procedure on non-appearance of Respondent. 44. Respondent defending Appeal in forma pauperis.
Petitions Generally
45. Mode of addressing Petitions. 46. Orders on Petitions which need not be drawn up. 47. Form of Petition. 48. Caveat. 49. Service of Petition. 50. Verifying Petition by Affidavit. 51. Petition for Order of Revivor or Substitution. 52. Petition may be refused. 53. Setting down Petition. 54. Times within which set down Petitions shall be heard. 55. Notice to parties of day fixed for hearing.
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56. Procedure where Petition is consented to or is formal. 57. Withdrawal of Petition. 58. Procedure where hearing of Petition unduly delayed. 59. Only one Counsel.
Case
60. Lodging of Case. 61. Printing or duplicating of Case. 62. Number of copies to be lodged. 63. Form of Case. 64. Separate Cases. 65. Notice of lodgment. 66. Case Notice. 67. Setting down Appeal and exchanging Cases.
Binding Records, etc.
68. Mode of binding Records, etc. 69. Time limit.
Hearing
70. Notice of final date for setting down. 71. Notice of day fixed for hearing. 72. Number of Counsel. 73. Nautical Assessors.
Judgment
74. Notice of day fixed for Judgment.
Costs
75. Taxation of costs. 76. Costs taxed in England. 77. Order to tax. 78. Power of Taxing Officer. 79. Appeal from decision of Taxing Officer. 80. Amount of taxed costs to be inserted in Her Majesty’s Order in
Council. 81. Taxation on pauper scale. 82. Security.
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Miscellaneous
83. Power of Judicial Committee to excuse from compliance with Rules.
84. Amendment of documents. 85. Affidavits. 86. Change of Agent. 87. Scope of application of Rules. 88. Citation.
SCHEDULE A Rules as to printing and duplicating SCHEDULE B. I Fees Allowed to Agents.
II Council Office Fees
JUDICIAL COMMITTEE RULES, 1957 1. (1) In these Rules, unless the context otherwise
requires — “Appeal” means an Appeal to Her Majesty in
Council; “Judgment” includes decree, order, sentence, or
decision of any Court, Judge, or Judicial Officer; “Record” means the aggregate of papers relating to an
Appeal (including the pleadings, proceedings, evidence and judgments) proper to be laid before Her Majesty in Council on the hearing of the Appeal;
“Registrar” means the Registrar or other proper officer having the custody of the records in the Court appealed from;
“Abroad” means the country or place where the Court appealed from is situate;
“Agent” means a person qualified by virtue of Her late Majesty’s Order in Council of the 6th March, 1896 to conduct proceedings before Her Majesty in Council on behalf of another;
“Party” and all words descriptive of parties to proceedings before Her Majesty in Council (such as “Petitioner,” “Appellant,” “Respondent”) mean, in respect of all acts proper to be done by an Agent, the Agent of the party in question where such party is represented by an Agent;
Interpretation.
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“Respondent” includes Intervener; “Month” means calendar month. Words in the singular shall include the plural, and
words in the plural shall include the singular. (2) Where by these Rules any step is required to be
taken in England in connection with proceedings before Her Majesty in Council, whether in the way of lodging a Petition or other document, entering an Appearance, lodging security, or otherwise, such step shall be taken in the Registry of the Privy Council, Downing Street, London.
Leave to Appeal 2. All Appeals shall be brought either in pursuance
of leave obtained from the Court appealed from, or, in the absence of such leave, in pursuance of special leave to appeal granted by Her Majesty in Council upon a Petition in that behalf presented by the intending Appellant.
Special Leave to Appeal 3. A petition for special leave to appeal to Her
Majesty in Council shall state succinctly and clearly all such facts as it may be necessary to state in order to enable the Judicial Committee to advise Her Majesty whether such leave ought to be granted, and shall be signed by the Counsel who attends at the hearing or by the party himself if he appears in person. The Petition shall deal with the merits of the case only so far as is necessary for the purpose of explaining and supporting the particular grounds upon which special leave to appeal is sought.
4. The Petitioner shall lodge at least six copies of his Petition for special leave to appeal together with the Affidavit in support thereof prescribed by Rule 50 here- inafter contained, and also six copies of the Judgment from which leave to appeal is sought, and, unless a Caveat as prescribed by Rule 48 has been lodged by the other parties who appeared in the Court below, an Affidavit of service of notice of the intended application upon such parties or their Solicitors or Agents, either abroad or in England.
Leave to appeal generally.
Form of petition for special leave to appeal.
Six copies of Petition to be lodged with Affidavits in support.
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5. A Petition for special leave to appeal shall in every case be lodged with the least possible delay after the date of the judgment from which leave to appeal is sought.
6. Where the Judicial Committee agree to advise Her Majesty to grant special leave to appeal, they shall, in their Report, specify the amount of the security for costs (if any) to be lodged by the Petitioner, and shall, unless the circumstances of a particular case render such a course unnecessary, provide for the transmission of the Record by the Registrar to the Registrar of the Privy Council and for such further matters as the justice of the case may require. Unless otherwise ordered the security shall be lodged at any time before the Appellant enters an Appearance.
7. Save as by the four last preceding Rules other-wise provided, the provisions of Rules 47 to 50 and 52 to 59 (all inclusive) hereinafter contained shall apply mutatis mutandis to Petitions for special leave to appeal.
8. Rules 3 to 7 (both inclusive) shall apply mutatis mutandis to Petitions for leave to appeal in forma pauperis, but in addition to the Affidavits referred to in Rule 4 every such Petition shall be accompanied by an Affidavit from the Petitioner stating that he is not worth £100 in the world excepting his wearing apparel and his interest in the subject-matter of the intended Appeal, and that he is unable to provide sureties, and also by a certificate of Counsel that the Petitioner has reasonable ground of appeal.
9. Where a Petitioner obtains leave to appeal in forma pauperis. he shall not be required to lodge security for the costs of the Respondent or to pay any Council Office fees.
10. A Petitioner whose Petition for leave to appeal in forma pauperis is dismissed may, notwithstanding such dismissal, be excused from paying the Council Office fees usually chargeable to a Petitioner in respect of a Petition for leave to appeal, if Her Majesty in Council, on the advice of the Judicial Committee, shall think fit so to order.
Time for lodging Petition.
Security for costs and transmission of Record.
General provisions.
Petitions for special leave to appeal in forma pauperis.
Exemption from paying fees.
Exemption from payment of fees.
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Record and Appearance by Appellant 11. As soon as the Appeal has been admitted, whether
by an Order of the Court appealed from or by an Order of Her Majesty in Council granting special leave to appeal, the Appellant shall without delay take all necessary steps to have the Record transmitted to the Registrar of the Privy Council, and the Registrar shall, with all convenient speed, certify to the Registrar of the Privy Council that the Respondent has received notice, or is otherwise aware, of the Order of the Court appealed from admitting the Appeal, or of the Order of Her Majesty in Council giving the Appellant special leave to appeal, and has also received notice, or is otherwise aware, of the dispatch of the Record to England. Where an Appellant who has obtained special leave to appeal by an Order of Her Majesty in Council fails to have the Record transmitted to the Registrar of the Privy Council with due diligence, the Registrar of the Privy Council shall call upon the Appellant to explain his default, and if no explanation is offered, or if the explanation offered is, in the opinion of the said Registrar insufficient, the said Registrar may issue a Summons to the Appellant calling upon him to show cause before the Judicial Committee at a time to be named in the said Summons why the special leave to appeal granted should not be rescinded. The Respondent shall be entitled to be heard before the Judicial Committee in the matter of the said Summons and to ask for his costs and such other relief as he may be advised. The Judicial Committee may, after considering the matter of the said Summons, recommend to Her Majesty to rescind the grant of special leave to appeal or give such other directions therein as the justice of the case may require.
12. (a) The Record may be printed either abroad or in England.
(b) When a written Record is received from abroad it shall, unless the parties agree to its being printed, be duplicated by a process approved by the Registrar of the Privy Council, and Rules IV to XI contained in Schedule A hereto shall apply.
(c) If the Record is printed it shall be printed in accordance with the Rules contained in Schedule A hereto.
Record to be transmitted without delay.
Printing or duplicating of Record.
Schedule A.
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(d) When the Record is printed abroad the parties in England shall, upon perusal, consider whether the order of the documents is in accordance with these Rules, and if it is not, they shall agree upon the proper order. The Appellant shall then rearrange copies of the Record for the use of the Judicial Committee and the other parties. In the event of the parties being unable to agree, the matter shall be referred to the Registrar of the Privy Council who, if he thinks fit, may require the parties to attend before the Judicial Committee for directions.
13. Where the Record is printed abroad, the Registrar shall, at the expense of the Appellant, transmit to the Registrar of the Privy Council 40 copies of such Record, one of which copies he shall certify to be correct by signing his name on, or, initialling, every eighth page thereof and by affixing thereto the seal, if any, of the Court appealed from.
14. Where the Record is to be printed or duplicated in England, the Registrar shall, at the expense of the Appellant, transmit to the Registrar of the Privy Council one certified copy of such Record, together with an index of all the papers and exhibits in the case. No other certified copies of the Record shall be transmitted to the Agents in England by or on behalf of the parties to the Appeal.
15. Where part of the Record is printed abroad and part is to be printed or duplicated in England, Rules 13 and 14 shall, as far as practicable, apply to such parts as are printed abroad and such as are to be printed or duplicated in England respectively.
16. The reasons given by the judge, or any of the judges, for or against any judgment pronounced in the course of the proceedings out of which the Appeal arises, shall by such judge or judges be communicated in writing to the Registrar and shall be included in the Record.
17. The Registrar, as well as the parties and their Agents, shall endeavour to exclude from the Record all documents (more particularly such as are merely formal) that are not relevant to the subject-matter of the Appeal, and, generally, to reduce the bulk of the Record as far as practicable, taking special care to avoid the unnecesssary
Record printed abroad.
Record printed in England.
Record printed partly abroad.
Reasons for judgments to be included.
Exclusion of unnecessary documents from Record.
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repetition of documents and headings and other merely formal parts of documents; but the documents omitted to be printed or copied shall be enumerated in a typewritten list to be transmitted with the Record.
18. Where in the course of the preparation of a Record one party objects to the inclusion of a document on the ground that it is unnecessary or irrelevant, and the other party nevertheless insists upon its being included, the Record, as finally printed abroad or printed or duplicated in England, shall, with a view to the subsequent adjustment of the costs of and incidental to such document, indicate, in the index of papers, or otherwise, the fact that, and the party by whom, the inclusion of the document was objected to.
19. As soon as the Record is received in the Registry of the Privy Council, it shall be registered in the said Registry, with the date of arrival, the names of the parties, and the description whether “printed” or “written.” A Record, or any part of a record, not printed in accordance with the Rules contained in Schedule A hereto shall be treated as written. Appeals shall be numbered consecutively in each year in the order in which the Records are received in the said Registry.
20. The parties shall be entitled to inspect the Record and to extract all necessary particulars therefrom for the purpose of entering an Appearance.
21. The Appellant shall enter an Appearance before taking any step in the prosecution of the Appeal, and after entering such Appearance, shall forthwith give notice thereof to the Respondent, if the latter has entered an Appearance.
22. Where the Record arrives in England either wholly written, or partly written and partly printed, the Appellant shall, within a period of two months from the date of such arrival, enter an Appearance and bespeak a typewritten copy of the Record, or of such parts thereof as it may be necessary to have copied, and shall engage to pay the cost of preparing such copy at the current rate; and shall also engage to pay at such price as shall be fixed by the Registrar of the Privy Council the cost of printing or duplicating at least 40 copies thereof.
Documents objected to be indicated.
Registration and numbering of Records.
Inspection of Record by parties.
Appearance of Appellant.
Times within which a copy of a written Record shall be bespoken.
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23. As soon as the Appellant has obtained the typewritten copy of the Record bespoken by him, he shall proceed, with due diligence, to arrange the documents in suitable order, to check the index, to insert marginal notes and check the same with the index, and, generally, to do whatever may be required for the purpose of preparing the copy for printing or duplication, in accordance with the Rules contained in Schedule A hereto, and shall, if the Respondent has entered an Appearance, submit the copy, as prepared for printing or duplication, to the Respondent for his approval. In the event of the parties being unable to agree, the matter shall be referred to the Registrar of the Privy Council who, if he thinks fit, may require the parties to attend before the Judicial Committee for directions.
24. As soon as the typewritten copy of the Record is ready, the Appellant shall lodge it in the Registry of the Privy Council for printing or duplication by a person or firm selected by the Registrar of the Privy Council, and at the same time shall lodge the amount of the estimated cost of printing or duplicating the Record.
25. Whenever it shall be found that the decision of a matter on appeal is likely to turn exclusively on a question of law, the parties, with the sanction of the Registrar of the Privy Council, may submit such question of law to the Judicial Committee in the form a Special Case, and print or duplicate such parts only of the Record as may be necessary for the discussion of the same:
Provided that nothing herein contained shall in any way prevent the Judicial Committee from ordering the full discussion of the whole case, if they shall so think fit, and that, in order to promote such arrangements and simplification of the matter in dispute, the said Registrar may call the parties before him, and having heard them, and examined the Record, may report to the Judicial Committee as to the nature of the proceedings.
26. The Registrar of the Privy Council shall, as soon as the proofs of the Record are ready, give notice to all parties who have entered an Appearance requesting them to attend at the Registry of the Privy Council at a time to be named in such notice in order to examine the said proofs and compare the same with the certified Record, and shall, for that purpose, furnish each of the said parties with one proof. After the examination has been completed,
Preparation of copy of Record for printing.
Lodging copy of Record for printing.
Special Case.
Examination of proof of Record and striking off copies.
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the Appellant shall, without delay, lodge his proof, duly corrected and (so far as necessary) approved by the Respondent, and the Registrar of the Privy Council shall thereupon cause the copies of the Record to be struck off from such proof.
27. Each party who has entered an Appearance shall be entitled to receive, for his own use, six copies of the Record.
28. Subject to any special direction from the Judicial Committee to the contrary, the costs of and incidental to the printing or duplicating of the Record shall form part of the costs of the Appeal, but the costs of and incidental to the printing or duplicating of any document objected to by one party, in accordance with Rule 18, shall, if such document id found on the taxation of costs to be unnecessary or irrelevant, be disallowed to, or borne by, the party insisting on including the same in the Record.
Petition of Appeal 29. The Appellant shall lodge his Petition of Ap-
peal — (a) where the Record arrives in England printed,
within a period of two months from the date of such arrival;
(b) where the Record arrives in England written, within a period of one month from the date of the completion of the printing or duplication thereof:
Provided that nothing in this Rule contained shall preclude the Appellant from lodging his Petition of Appeal prior to the arrival of the Record, or the completion of the printing or duplicating thereof, if there are special reasons why, in the opinion of the Registrar of the Privy Council, it should be desirable for him to do so.
30. The Petition of Appeal shall be lodged in the form prescribed by Rule 47 hereinafter contained. It shall recite succinctly and, as far as possible, in chronological order, the principal steps in the proceedings leading up to the Appeal from the commencement thereof down to the admission of the Appeal, but shall not contain argumentative matter or travel into the merits of the case.
Copies of Record.
How costs of printing Record to be borne.
Times within which Petition shall be lodged.
Form of Petition.
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31. The Appellant shall, after lodging his Petition of Appeal, serve a copy thereof without delay on the Respondent, as soon as the latter has entered an Appearance, and shall endorse such copy with the date of the lodgment.
Withdrawal of Appeal 32. Where an Appellant, who has not lodged his
Petition of Appeal, desires to withdraw his Appeal, he shall give notice in writing to that effect to the Registrar of the Privy Council, and the said Registrar shall, with all convenient speed after the receipt of such notice, by letter notify the Registrar of the Court appealed from that the Appeal has been withdrawn, and the said Appeal shall thereupon stand dismissed as from the date of the said letter without further Order.
33. Where an Appellant, who has lodged his Petition of Appeal, desires to withdraw his Appeal, he shall present a Petition to that effect to Her Majesty in Council. On the hearing of any such Petition a Respondent who has entered an Appearance in the Appeal shall, subject to any agreement between him and the Appellant to the contrary, be entitled to apply to the Judicial Committee for his costs, but where the Respondent has not entered an Appearance, or, having entered an Appearance, consents in writing to the prayer of the Petition, the Petition may, if the Judicial Committee think fit, be disposed of in the same way mutatis mutandis as a Consent Petition under the provisions of Rule 56 hereinafter contained.
Non-Prosecution of Appeal 34. Where an Appellant takes no step in prosecution
of his Appeal within a period of two months from the date of the arrival of the Record in England, the Registrar of the Privy Council shall, with all convenient speed, by letter notify the Registrar of the Court appealed from that the Appeal has not been prosecuted, and the Appeal shall thereupon stand dismissed for non-prosecution as from the date of the said letter without further Order, and a copy of the said letter shall be sent by the Registrar of the Privy Council to any Respondent who has entered an Appearance in the Appeal.
Service of Petition.
Before Petition of Appeal has been lodged.
After Petition of Appeal has been lodged.
Where Appellant takes no step in prosecution.
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35. Where an Appellant who has entered an Appearance —
(a) fails to bespeak a copy of a written Record, or of part of a written Record, in accordance with, and within the period prescribed by, Rule 22; or
(b) having bespoken such copy within the period prescribed by Rule 22, fails thereafter to proceed with due diligence to take all such further steps as may be necessary for the purpose of completing the printing or duplication of the said Record; or
(c) fails to lodge his Petition of Appeal within the periods respectively prescribed by Rule 29,
the Registrar of the Privy Council shall call upon the Appellant to explain his default, and, if no explanation is offered, or if the explanation offered is, in the opinion of the said Registrar, insufficient, the said Registrar shall, with all convenient speed, by letter notify the Registrar of the Court appealed from the Appeal has not been effectively prosecuted, and the Appeal shall thereupon stand dismissed for non-prosecution as from the date of the said letter without further Order, and a copy of the said letter shall be sent by the Registrar of the Privy Council to all the parties who have entered an Appearance in the Appeal.
36. Where an Appellant, who has lodged his Petition of Appeal, fails thereafter to prosecute his Appeal with due diligence, the Registrar of the Privy Council shall call upon him to explain his default, and, if no explanation is offered, or if the explanation offered is, in the opinion of the said Registrar, insufficient, the said Registrar shall issue a Summons to the Appellant calling upon him to show cause before the Judicial Committee at a time to be named in the said Summons why the Appeal should not be dismissed for non-prosecution:
Provided that no such Summons shall be issued by the said Registrar before the expiration of one year from the date of the arrival of the Record in England. If the Respondent has entered an Appearance in the Appeal, the Registrar of the Privy Council shall send him a copy of the said Summons, and the Respondent shall be entitled to be heard before the Judicial Committee in the matter of the said Summons at the time named and to ask for his costs
Non-prosecution after Appellant’s appearance.
Non-prosecution after lodgment of Petition of Appeal.
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and such other relief as he may be advised. The Judicial Committee may, after considering the matter of the said Summons, recommend to Her Majesty the dismissal of the Appeal for non-prosecution, or give such other directions therein as the justice of the case may require.
37. An Appellant whose Appeal has been dismissed for non-prosecution may present a Petition to Her Majesty in Council praying that his Appeal may be restored.
Appearance by Respondent 38. The Respondent may enter an Appearance at
any time between the arrival of the Record and the hearing of the Appeal, but if he unduly delays entering an Appear- ance he shall bear, or be disallowed, the costs occasioned by such delay, unless the Judicial Committee otherwise direct.
39. The Respondent shall forthwith after entering an Appearance give notice thereof to the Appellant, if the latter has entered an Appearance.
40. Where there are two or more Respondents, and only one, or some, of them enter an Appearance, the Appearance Form shall set out the names of the appearing Respondents.
41. Two or more Respondents may, at their own risk as to costs, enter separate Appearances in the same Appeal.
42. A Respondent who has not entered an Appearance shall not be entitled to receive any notices relating to the Appeal from the Registrar of the Privy Council, nor be allowed to lodge a Case in the Appeal.
43. Where a Respondent fails to enter an Appearance in an Appeal, the following Rules shall, subject to any special Order of the Judicial Committee to the contrary, apply —
(a) if the non-appearing Respondent was a Respon- dent at the time when the Appeal was admitted, whether by the Order of the Court appealed from or by an Order of Her Majesty in Council giving the Appellant special leave to appeal, and it
Restoring an Appeal.
Time within which Respondent may appear.
Notice of Appearance by Respondent.
Form of Appearances.
Separate Appearances.
Non-appearing Respondent.
Procedure on non-appearance of Respondent.
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appears from the terms of the said Order, or Order in Council, or otherwise from the Record, or from a Certificate of the Registrar of the Court appealed from, that the said non- appearing Respondent has received notice, or was otherwise aware, of the Order of the Court appealed from admitting the Appeal, or of the Order of Her Majesty in Council giving the Appellant special leave to appeal, and has also received notice, or was otherwise aware, of the dispatch of the Record to England, the Appeal may, if all other conditions of its being set down are satisfied, be set down ex parte as against the said non-appearing Respondent at any time after the expiration of two months from the date of the lodging of the Petition of Appeal;
(b) if the non-appearing Respondent was made a Respondent by an Order of Her Majesty in Council subsequently to the admission of the Appeal, and it appears from the Record, or from a Supplementary Record, or from a Certificate of the Registrar of the Court appealed from, that the said non-appearing Respondent has received notice, or was otherwise aware, of any intended application to bring him on the Record as a Respondent, the Appeal may, if all other conditions of its being set down are satisfied, be set down ex parte as against the said non- appearing Respondent at any time after the expiration of two months from the date on which he shall have been served with a copy of Her Majesty’s Order in Council bringing him on the Record as a Respondent:
Provided that where it is shown to the satisfaction of the Registrar of the Privy Council, by Affidavit or otherwise, either that an Appellant has made every reasonable endeavour to serve a non-appearing Respon- dent with the notices mentioned in clause (a) and (b) respectively and has failed to effect such service, or that it is not the intention of the non-appearing Respondent to enter an Appearance to the Appeal, the Appeal may, without further Order in that behalf and at the risk of the Appellant, be proceeded with ex parte as against the said non-appearing Respondent.
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44. A Respondent who desires to defend an Appeal in forma pauperis may present a Petition to that effect to Her Majesty in Council, which Petition shall be accompanied by an Affidavit from him stating that he is not worth £100 in the world excepting his wearing apparel and his interest in the subject-matter of the Appeal.
Petitions Generally 45. All Petitions for orders or directions as to
matters of practice or procedure arising after the lodging of the Petition of Appeal and not involving any change in the parties to an Appeal shall be addressed to the Judicial Committee. All other Petitions shall be addressed to Her Majesty in Council, but a Petition which is properly addressed to Her Majesty in Council may include, as incidental to the relief thereby sought, a prayer for orders or directions as to matters of practice or procedure.
46. Where an Order made by the Judicial Committee does not embody any special terms or include any special directions, it shall not be necessary to draw up such Order, unless the Committee otherwise direct, but a Note thereof shall be made by the Registrar of the Privy Council.
47. All Petitions shall consist of paragraphs num- bered consecutively and shall be written, typewritten or lithographed, on paper with quarter margin and endorsed with the name of the Court appealed from, the full title and Privy Council number of the Appeal to which the Petition relates or the full title of the Petition (as the case may be), and the name and address of the London Agent (if any) of the Petitioner, but need not be signed, except as provided by Rule 3. Unless the Petition is a Consent Petition within the meaning of Rule 56 at least six copies thereof shall be lodged.
48. Where a Petition is expected to be lodged, or has been lodged, which does not relate to any pending Appeal of which the Record has been registered in the Registry of the Privy Council, any person claiming a right to appear before the Judicial Committee on the hearing of such Petition may lodge a Caveat in the matter thereof, and shall thereupon be entitled to receive from the Registrar of the Privy Council notice of the lodging of the Petition, if at the time of the lodging of the Caveat such Petition has not
Respondent defending Appeal in forma pauperis.
Mode of addressing Petitions.
Orders on Petitions which need not be drawn up.
Form of Petition.
Caveat.
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yet been lodged, and, if and when the Petition has been lodged, to require the Petitioner to serve him with a copy of the Petition, and to furnish him, at his own expense, with copies of any paper lodged by the Petitioner in support of his Petition. The Caveator shall forthwith after lodging his Caveat give notice thereof to the Petitioner, if the Petition has been lodged.
49. Where a Petition is lodged in the matter of any pending Appeal of which the Record has been registered in the Registry of the Privy Council, the Petitioner shall serve any party who has entered an Appearance in the Appeal with a copy of such Petition, and the party so served shall thereupon be entitled to require the Petitioner to furnish him, at his own expense, with copies of any papers lodged by the Petitioner in support of his Petition.
50. A Petition not relating to any Appeal of which the Record has been registered in the Registry of the Privy Council, and any other Petition containing allegations of fact which cannot be verified by reference to the registered Record or any certificate or duly authenticated statement of the Court appealed from, shall be supported by Affidavit. Where the Petitioner prosecutes his Petition in person, the said Affidavit shall be sworn by the Petitioner himself and shall state that, to the best of the deponent’s knowledge, information and belief, the allegations contained in the Petition are true. Where the Petitioner is represented by an Agent, the said Affidavit shall be sworn by such Agent and shall, besides stating, that, to the best of the deponent’s knowledge, information and belief, the allegations contained in the Petition are true, show how the deponent obtained his instructions and the information enabling him to present the Petition.
51. A Petition for an Order of Revivor or Substitution shall be accompanied by a certificate or duly authenticated statement from the Court appealed from showing who, in the opinion of the said Court, is the proper person to be substituted, on entered, on the Record in place of, or in addition to. a party who has died or undergone a change of status.
52. The Registrar of the Privy Council may refuse to receive a Petition on the grounds that it discloses no reasonable cause of appeal, or is frivolous, or contains
Service of Petition.
Verifying Petition by Affidavit.
Petition for Order of Revivor or Substitution.
Petition may be refused.
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scandalous matter or fails to comply with the provisions of Rule 3, but the Petitioner may appeal, by way of motion, from such refusal to the Judicial Committee.
53. As soon as a Petition and all necessary documents are lodged the Petition shall thereupon be deemed to be set down.
54. On each day appointed by the Judicial Committee for the hearing of Petitions the Registrar of the Privy Council shall, unless the Committee otherwise direct, put in the paper for hearing all such Petitions as have been set down:
Provided that, in the absence of special circumstances of urgency to be shown to the satisfaction of the said Registrar, no Petition, if opposed, shall be put in the paper for hearing before the expiration of ten clear days from the lodging thereof, unless the Opponent consents to the Petition being put in the paper on an earlier day.
55. Subject to the provisions of the next following Rule, the Registrar of the Privy Council shall, as soon as the Judicial Committee have appointed a day for the hearing of a Petition, notify all parties concerned by Summons of the day so appointed.
56. Where the prayer of a Petition is consented to in writing by the opposite party, or where a Petition is of a formal and non-contentious character, the Judicial Com- mittee may, if they think fit, make their Report to Her Majesty on such Petition, or make their Order thereon, as the case may be, without requiring the attendance of the parties In the Council Chamber, and the Registrar of the Privy Council shall not in any such case issue the Summons provided for by the last preceding Rule, but shall with all convenient speed after the Committee have made their Report or Order notify the parties that the Report or Order has been made and of the date and nature of such Report or Order.
57. A Petitioner who desires to withdraw his Petition shall give notice in writing to that effect to the Registrar of the Privy Council. Where the Petition is opposed, the Opponent shall, subject to any agreement between the parties to the contrary, be entitled to apply to the Judicial Committee for his costs, but where the Petition is
Setting down Petition.
Times within which set down Petitions shall be heard.
Notice to parties of day fixed for hearing.
Procedure where Petition is consented to or is formal.
Withdrawal of Petition.
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unopposed, or where, in the case of an opposed Petition, the parties have come to an agreement as to the costs of the Petition, the Petition may, if the Judicial Committee think fit, be disposed of in the same way mutatis mutandis as a Consent Petition under the provisions of the last preceding Rule.
58. Where a Petitioner unduly delays bringing a Petition to a hearing the Registrar of the Privy Council shall call upon him to explain the delay, and if no explanation is offered, or if the explanation offered is, in the opinion of the said Registrar, insufficient, the said Registrar may, after notifying all parties interested by Summons of his intention to do so, put the Petition in the paper for hearing on the next following day appointed by the Judicial Committee for the hearing of Petitions for such directions as the Committee may think fit to give thereon.
59. At the hearing of a Petition not more than one Counsel shall be admitted to be heard on a side.
Case 60. No party to an Appeal shall be entitled to be
heard by the Judicial Committee unless he has previously lodged his Case in the Appeal:
Provided that where a Respondent who has entered an Appearance does not desire to lodge a Case in the Appeal, he may give the Registrar of the Privy Council notice in writing of his intention not to lodge any Case, while reserving his right to address the Judicial Committee on the question of costs.
61. (a) The Case may be printed either abroad or in England, and shall, in either event, be printed in accordance with Rules I to III contained in Schedule A hereto.
(b) When the Case is not printed abroad it shall, unless the parties agree to its being printed in England, be duplicated by a process approved by the Registrar of the Privy Council.
(c) Where the Case is printed or duplicated every tenth line thereof shall be numbered in the margin and it shall be signed by at least one of
Procedure where hearing of Petition unduly delayed.
Only one Counsel.
Lodging of Case.
Printing or duplicating of Case.
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the Counsel who attends at the hearing of the Appeal or by the party himself if he conducts his Appeal in person.
62. Each party shall lodge 30 copies of his Case either printed or duplicated.
63. The Case shall consist of paragraphs numbered consecutively and shall state, as concisely as possible, the circumstances out of which the Appeal arises, the contentions to be urged by the party lodging the same, and the reasons of appeal. References by page and line to the relevant portions of the Record as printed or duplicated shall, as far as practicable, be printed or duplicated in the margin, and care shall be taken to avoid, as far as possible, the reproduction in the Case of long extracts from the Record. The Taxing Officer, in taxing the costs of the Appeal, shall, either of his own motion, or at the instance of the opposite party, inquire into any unnecessary prolixity in the Case, and shall disallow the costs occasioned thereby.
64. Two or more Respondents may, at their own risk as to costs, lodge separate Cases in the same Appeal.
65. Each party shall, after lodging his Case, forthwith give notice thereof to the other party.
66. Subject as hereinafter provided, the party who lodges his Case first may, at any time after the expiration of three clear days from the day on which he has given the other party the notice prescribed by the last preceding Rule, serve such other party, if the latter has not in the meantime lodged his Case, with a “Case Notice”, requiring him to lodge his Case within one month from the date of the service of the said Case Notice and informing him that, in default of his so doing, the Appeal will be set down for hearing ex parte as against him, and if the other party fails to comply with the said Case Notice, the party who has lodged his Case may, at any time after the expiration of the time limited by the said Case Notice for the lodging of the Case, lodge an Affidavit of Service (which shall set out the terms of the said Case Notice), and the Appeal shall thereupon, if all other conditions of its being set down are satisfied, be set down ex parte as against the party in default:
Number of copies to be lodged. Form of Case.
Separate Cases.
Notice of lodgment.
Case Notice.
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Provided that no Case Notice shall be served until after the completion of the printing or duplication, or rearrangement under Rule 12, of the Record, and also that nothing in this Rule contained shall preclude the party in default from lodging his Case, at his own risk as regards costs and otherwise, at any time up to the date of hearing.
67. Subject to the provisions of Rule 43 and of the last preceding Rule, an Appeal shall be set down ipso facto as soon as the Cases on both sides are lodged, and the parties shall thereupon exchange Cases by handing one another, either at the Offices of one of the Agents or in the Registry of the Privy Council, ten copies of their respective Cases.
Binding Records, etc. 68. As soon as an Appeal is set down, the Appellant
shall attend at the Registry of the Privy Council and obtain seven copies of the Record and Cases to be bound for the use of the Judicial Committee at the hearing. The copies shall be bound in cloth with paper sides. The front cover shall bear a label stating the title and Privy Council number of the Appeal, the contents of the volume, and the names and addresses of the London Agents. The several documents, indicated by incuts, shall be arranged in the following order: (1) Appellant’s Case; (2) Respondent’s Case; (3) Record (if in more than one part, showing the separate parts by incuts, all parts being paged at the top of the page); (4) Supplemental Record (if any); and the short title and Privy Council number of the Appeal shall also be shown on the back.
69. The Appellant shall lodge the bound copies not less than four days before the commencement of the Sittings during which the Appeal is to be heard.
Hearing 70. The Registrar of the Privy Council shall name a
day on or before which Appeals must be set down if they are to be entered in the List of Business for the ensuing Sittings. All Appeals set down on or before the day named shall, subject to any directions from the Committee or to any agreement between the parties to the contrary, be entered in such List of Business and shall, subject to any directions from the Committee to the contrary, be heard in the order in which they are set down.
Setting down Appeal and exchanging Cases.
Mode of binding Records, etc.
Time limit.
Notice of final date for setting down.
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71. The Registrar of the Privy Council shall, subject to the provisions of Rule 42, notify the parties to each Appeal by Summons, at the earliest possible date, of the day appointed by the Judicial Committee for the hearing of the Appeal, and the parties shall be in readiness to be heard on the day so appointed.
72. At the hearing of an Appeal not more than two Counsel shall be admitted to be heard on a side.
73. In Admiralty Appeals the Judicial Committee may, if they think fit, require the attendance of two Nautical Assessors.
Judgment 74. Where the Judicial Committee, after hearing an
Appeal, decide to reserve their Judgment thereon, the Registrar of the Privy Council shall in due course notify the parties by Summons of the day appointed by the Committee for the delivery of the Judgment.
Costs 75. All Bills of Costs under the Orders of the Judicial
Committee on Appeals, Petitions and other matters, shall be referred to the Registrar of the Privy Council, or such other person as the Judicial Committee may appoint, for taxation, and all such taxations shall be regulated by the Schedule of Fees set forth in Schedule B hereto.
76. The taxation of costs in England shall be limited to costs incurred in England.
77. The Registrar of the Privy Council shall, with all convenient speed after the Judicial Committee have given their decision as to the costs of an Appeal, Petition or other matter, issue to the party to whom costs have been awarded an Order to tax and a Notice specifying the day and hour appointed by him for taxation. The party receiving such Order to tax and Notice shall, not less than 48 hours before the time appointed for taxation, lodge his Bill of Costs (together with all necessary vouchers for disbursements), and serve the opposite party with a copy of his Bill of Costs and of the Order to tax and Notice.
Notice of day fixed for hearing.
Number of Counsel.
Nautical Assessors.
Notice of day fixed for Judgment.
Taxation of costs.
Schedule B
Costs taxed in England.
Order to tax.
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78. The Taxing Officer may, if he think fit, disallow to any party who fails to lodge his Bill of Costs (together with all necessary vouchers for disbursements) within the time prescribed by the last preceding Rule, or who in any way delays or impedes a taxation, the charges to which such party would otherwise be entitled for drawing his Bill of Costs and attending the taxation.
79. Any party aggrieved by a taxation may appeal from the decision of the Taxing Officer to the Judicial Committee. The Appeal shall be heard by way of motion, and the party appealing shall give three clear days’ Notice of Motion to the opposite party, and shall also leave a copy of such Notice in the Registry of the Privy Council.
80. The amount allowed by the Taxing Officer on the taxation shall, subject to any appeal from his taxation to the Judicial Committee and subject to any direction from the Committee to the contrary, be inserted in Her Majesty’s Order in Council determining the Appeal or Petition.
81. Where the Judicial Committee directs costs to be taxed on the pauper scale, the Taxing Officer shall not allow any fees of Counsel, and shall only award to the Agents out-of-pocket expenses and a reasonable allowance to cover office expenses, such allowance to be taken at about three-eighths of the usual professional charges in ordinary Appeals. Such pauper scale shall apply to and include the application upon which leave to appeal in forma pauperis was granted.
82. Where the Appellant has lodged security for the Respondent’s costs of an Appeal in the Registry of the Privy Council, the Registrar of the Privy Council shall deal with such security in accordance with the directions contained in Her Majesty’s Order in Council determining the Appeal.
Miscellaneous 83. The Judicial Committee may, for sufficient cause
shown, excuse the parties from compliance with any of the requirements of these Rules, and may give such directions in matters of practice and procedure as they shall consider just and expedient. Applications to be excused from
Power of Taxing Officer.
Appeal from decision of Taxing Officer.
Amount of taxed costs to be inserted in Her Majesty’s Order in Council.
Taxation on pauper scale.
Security.
Power of Judicial Committee to excuse from compliance with Rules.
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compliance with the requirements of any of these Rules shall be addressed in the first instance to the Registrar of the Privy Council, who shall take the instructions of the Committee thereon and communicate the same to the parties. If, in the opinion of the said Registrar, it is desirable that the application should be dealt with by the Committee in open Court, he may direct the party applying to lodge in the Registry of the Privy Council, and to serve the opposite party with, a Notice of Motion returnable before the Committee.
84. Any document lodged in connection with an Appeal, Petition or other matter pending before Her Majesty in Council or the Judicial Committee, may be amended by leave of the Registrar of the Privy Council, but if the said Registrar is of opinion that an application for leave to amend should be dealt with by the Committee in open Court, he may direct the party applying to lodge in the Registry of the Privy Council, and to serve the opposite party with, a Notice of Motion returnable before the Committee.
85. Affidavits relating to any Appeal, Petition or other matter pending before Her Majesty in Council or the Judicial Committee may be sworn before the Registrar of the Privy Council.
86. Where a party to an Appeal, Petition or other matter pending before Her Majesty in Council changes his Agent, such party, or the new Agent, shall forthwith give the Registrar of the Privy Council and the outgoing Agent notice in writing of the change, and shall amend the Appearance accordingly. Until such notices are given the former Agent shall be considered the Agent of the party until the final conclusion of the Appeal, Petition or other matter.
87. Subject to the provisions of any Statute or of any Statutory Rule or Order to the contrary, these Rules shall apply to all matters falling within the Appellate Jurisdic- tion of Her Majesty in Council.
88. These Rules may be cited as the Judicial Committee Rules, 1957.
Amendment of documents.
Affidavits.
Change of Agent.
Scope of application of Rules.
Citation.
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SCHEDULE A (Rule 12)
RULES AS TO PRINTING AND DUPLICATING I. All Records and other proceedings in Appeals or other
matters pending before Her Majesty in Council or the Judicial Committee which are required by the above Rules to be printed shall be printed in the form known as Demy Quarto.
II. The size of the paper used shall be such that the sheet, when folded and trimmed, will be 11 inches in height and 8½ inches in width.
III. The type to be used in the text shall be Pica type, but Long Primer shall be used in printing accounts, tabular matter, and notes. The number of lines in each page of Pica type shall be 47 or thereabouts, and every tenth line shall be numbered in the margin.
IV. Records shall be arranged in two parts in the same volume, where practicable, viz —
Part I. The pleadings and proceedings, the transcript of the evidence of the witnesses, the Judgments, Decrees, &c., of the Courts below down to the Order admitting the Appeal. Part II. The exhibits and documents. V. The Index to Part I shall be in chronological order, and
shall be placed at the beginning of the volume. The Index to Part II shall follow the order of the exhibit
mark, and shall be placed immediately after the Index to Part I. VI. Part I shall be arranged strictly in chronological order,
i.e., in the same order as the Index. Part II shall be arranged in the most convenient way for the
use of the Judicial Committee, as the circumstances of the case require. The documents shall be as far as suitable in chronological order, mixing Plaintiff’s and Defendant’s documents together when necessary. Each document shall show its exhibit mark, and whether it is a Plaintiff’s or Defendant’s document (unless this is clear from the exhibit mark) and in all cases documents relating to the same matter, such as — (a) a series of correspondence; or (b) proceedings in a suit other than the one under appeal, shall be kept together. The order in the Record of the documents in Part II will probably be different from the order of the Index, and the proper page number of each document shall be inserted in the Index.
The parties will be responsible for arranging the Record in proper order for the Judicial Committee, and in difficult cases Counsel may be asked to settle it.
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VII. The documents in Part I shall be numbered consecutively. The documents in Part II shall not be numbered, apart from the
exhibit mark. VIII. Each document shall have a heading which shall
consist of the number or exhibit mark and the description of the document in the Index, without the date.
IX. Each document shall have a marginal note which shall be repeated on each page over which the document extends, viz —
PART I. (a) Where the case has been before more than one Court, the
short name of the Court shall first appear. Where the case has been before only one Court, the name of the Court need not appear.
(b) The marginal note of the document shall then appear consisting of the number and the description of the document in the Index, with the date, except in the case of oral evidence.
(c) In the case of oral evidence, “Plaintiff’s evidence” or “Defendant’s evidence” shall appear beneath the name of the Court, and then the marginal note consisting of the number in the Index and the witness’s name, with “examination”, “cross-examination”, or “re-examination”, as the case may be.
PART II. The word “Exhibits” shall first appear. The marginal note of the exhibit shall then appear
consisting of the exhibit mark and the description of the document in the Index, with the date.
X. The parties shall agree to the omission of formal and irrelevant documents, but the description of the document may appear (both in the Index and in the Record), if desired, with the words “not printed” or “not duplicated” against it.
A long series of documents, such as accounts, rent rolls. inventories, &c., shall not be printed or duplicated in full, unless Counsel so advise, but the parties shall agree to short extracts being printed or duplicated as specimens.
XI. In cases where maps sent from abroad are of an inconvenient size or unsuitable in character, the Appellant shall, in agreement with the Respondent, prepare in England, from the materials sent from abroad, maps drawn properly to scale and of reasonable size, showing, as far as possible, the claims of the respective parties, in different colours.
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SCHEDULE B (Rule 75) I
FEES ALLOWED IN APPEALS OR OTHER MATTERS BEFORE THE JUDICIAL COMMITTEE
OF THE PRIVY COUNCIL Agents are required to adhere as far as possible to the items
shown in the Scale, but it is within the discretion of the Taxing Officer to allow further charges — (a) in relation to items not mentioned in the Scale; or (b) of an amount higher than that prescribed by the Scale.
A APPELLANT’S COSTS OF PETITION FOR SPECIAL LEAVE
TO APPEAL 9
£ s d. Instructions for Petition 1 10 0 Perusing papers sent from abroad in support of
Petition, according to length 10 Drawing Petition, per folio 0 4 6 (Extracts or copies matter, if any, at 1/- per folio) Making copied of all necessary papers for Counsel,
per folio 11 0 1 0 Attending Counsel with papers 1 0 0 Paid fee to Counsel to settle Petition, and Clerk Six copies Petition to lodge, at per folio for each copy 0 1 0 Six copies Judgment to lodge, at per folio for each
copy 0 1 0 Drawing affidavit in support of Petition, per folio 0 4 0 Copying same, per folio 0 1 0
9 These fees are applicable mutatis mutandis to an application for stay of execution
and other matters of a similar character. The costs of obtaining special leave to appeal form part of the bill of costs of the Appeal, and are usually taxed at the conclusion of the matter.
10 If leave to appeal is granted, this amount is taken into consideration in connection with the fee allowed for perusing the Record, as most of the documents sent over for the application for special leave to appeal ultimately form part of the Record. At this preliminary stage an entire perusal of the Record is unnecessary.
11 Only those strictly necessary for the purpose of settling the petition — not the whole Record.
S.I. 1963/372.
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Attending to be sworn 1 0 0 Paid oath (unless sworn at the Privy Council Office)
as paid Attending lodging Petition and necessary documents 1 0 0 Copying Petition and affidavit for Respondent, per
folio 0 1 0 Attending serving Respondent’s Solicitors 1 0 0 Instructions to Counsel to support Petition 1 10 0 Copying same, per folio 0 1 0 Copy Petition for Counsel, per folio 0 1 0 Copy affidavit(s) for Counsel, per folio 0 1 0 Attending Counsel with papers,
if fee under 30 guineas 1 0 0 if 30 guineas or more 3 0 0
Paid fee to Counsel and Clerk 12 0 Attending to appoint conference 1 0 0 Paid conference fee and Clerk 7 14 6 Attending conference 2 5 0 Copy summons for hearing, for Counsel 0 5 0 Attending Counsel therewith 1 0 0 3 0 0 Attending Council Chamber when Petition heard to 5 0 0 Attending paying Office fees 1 0 0 Paid fees (as paid) 1 0 0 Approved draft order 1 0 0 Attending lodging order approved 1 0 0 Writing Appellant’s Agent with order and copy for
use 1 0 0 Letters, etc. 2 5 0
12 One Counsel only is allowed. Retainer fee not allowed.
CH.52 – 40] COURT OF APPEAL
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B RESPONDENT’S COSTS OF OPPOSING PETITION FOR
SPECIAL LEAVE TO APPEAL 13
£ s. d. Instructions to oppose Petition for special leave to
appeal 1 10 0 Preparing and copy Caveat 0 10 0 Attending at Privy Council Office lodging same 1 0 0 Paid fee 1 5 0 Notice of lodging Caveat, copy and service
(if Petition already lodged) 0 10 0 Perusing documents sent by Respondent’s Agent,
according to length Perusing Petition for special leave to appeal and
affidavit, according to length, Instructions to Counsel to oppose Petition 1 10 0 Copying same, per folio 0 1 0 Copy Petition and affidavit for Counsel, per folio 0 1 0 Attending Counsel with papers,
if fee under 30 guineas 1 0 0 if 30 guineas or more 3 0 0
Paid his fee and Clerk 14 Attending to appoint conference 1 0 0 Paid Conference fee and Clerk 7 14 6 Attending conference 2 5 0 Copy summons for hearing 0 5 0 Attending Counsel therewith 1 0 0 3 0 0 Attending Council Chamber when Petition heard to 5 0 0 Drawing Bill of Costs and copy, per folio 0 3 0 Attending lodging same 1 0 0 Copy order to tax for Appellant 0 10 0 Copy Bill of Costs for Appellant, per folio 0 1 0
13 When special leave to appeal is granted, these costs form part of a successful
Respondent’s costs of Appeal, and are taxed at the conclusion of the matter. This contemplates the Petition being dismissed with costs.
14 One Counsel only is allowed. Retainer fee not allowed.
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Attending him therewith and with order to tax 1 0 0 Attending taxing 3 0 0 Attending paying Council Office fees 1 0 0 Paid fees (as paid) Approving draft order 1 0 0 Attending lodging order approved 1 0 0 Writing Agent therewith 1 0 0 Letters, etc 2 5 0
C APPELLANT’S COSTS OF APPEAL
£ s. d. Retainer fee 3 0 0 Attending at Privy Council Office lodging
Security for Respondent’s Costs, special leave to appeal having been granted 1 0 0
Appearance Attending at Privy Council Office to enquire if Record
had arrived, filing enquiry card if it had not 1 0 0 On receiving notice that it had, attending taking
particulars for the purpose of entering Appearance 1 0 0 Drawing Appearance 0 10 0 Attending at the Council Office to enter same 1 0 0 Notice to Respondent’s Solicitor if he has
entered Appearance 0 10 0 Record
Printed Abroad Attending at Privy Council Office, obtaining six
prints of Record 1 0 0 Perusing printed Record, per each 8 full pages 2 5 0 If there are maps or plans, a further small fee may
be allowed for examining Printed or duplicated in England
Attending bespeaking official copy of Record, and signing undertaking to pay costs of copying and printing or duplicating 15 1 0 0
Attending obtaining same 1 0 0
15 If the Appellant has a duplicate Record in his possession, this should be used
instead of obtaining a copy, after checking same against certified copy.
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STATUTE LAW OF THE BAHAMAS [Original Service 2001]
Paid Privy Council stationer’s charges for same (as paid)
Perusing manuscript Record, for each 25 folios 16 0 15 0 Drawing Index, per folio 17 0 4 0 Copy for printer, per folio 0 1 0 Drawing marginal notes, per folio 0 1 0 Attending Respondent with official copy of
Record, and arranging as to order or omission of documents 18 1 0 0
On receipt of copy Record from Respondent, attending at Privy Council Office therewith for printing or duplicating 1 0 0
Attending at Privy Council Office lodging cheque to cover cost of printing or duplicating 1 0 0
Attending at Privy Council Office examining proof with certified copy 19 each day 6 10 0 each half day 5 0 0
Correcting revised print of Record, per sheet of 8 pages 1 0 0
Correcting revised duplicated copy of Record, per sheet of 10 pages 1 0 0
Attending Respondent with revise to compare corrections and obtaining consent to its being struck off 1 0 0
Attending lodging same at Privy Council Office 1 0 0 Paid printer’s bill (as paid) Attending at Privy Council Office to pay same
and to obtain prints of Record 1 0 0 Revivor
Instructions for petition to revive 1 0 0 Perusing Supplemental Record or Certificate as
to parties from Court appealed from, same scale as Record
Drawing Petition, per folio 0 4 6 Copy, per folio 0 1 0
16 If the Record is in a confused state and requires re-arrangement, a further fee may
be allowed. 17 No copy allowed for Respondent, who sees the draft. 18 Attention is directed to Rules 17 and 18 of The Judicial Committee Rules, 1957, as
to the disallowance of the costs of including unnecessary documents. 19 Appointments for this are made by the Privy Council Office.
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Attending serving Respondent and obtaining his consent to prayer
1 0 0
Attending lodging Petition 1 0 0 Copy for Respondent, per folio 0 1 0 Approving draft order 1 0 0 Attending lodging same at Privy Council Office 1 0 0 Writing to agent abroad with order 1 0 0
Consolidation Instructions for Petition to consolidate 1 0 0
The remaining charges are mutatis mutandis similar to those on a Petition to revive
Retainer Instructions for and preparing retainer to Counsel 20
1 5 0
Attending Counsel therewith 1 0 0 Paid his fee and clerk 3 8 6
Petition of Appeal Instructions for Petition of Appeal 1 0 0 Drawing same, per folio 0 4 6 Attending Counsel therewith to settle 21 1 0 0 Paid his fee and clerk 5 15 6 Copying Petition, per folio 0 1 0 Copy Petition for Respondent, per folio 0 1 0 Attending him therewith 1 0 0 Attending lodging Petition 1 0 0
Case Instructions for Appellant’s case Drawing same, per folio 0 4 6 When two Counsel instructed — Two copies Petition of Appeal for Counsel, each,
per folio 0 1 0
Attending Junior Counsel with papers to settle Case —
if fee under 30 guineas 1 0 0 if 30 guineas or more 3 0 0
20 Retainer allowed to one Counsel only. If Counsel retained dies or is promoted to
the Bench no second retainer is allowed, and this also applies to the Brief fee. 21 The Petition of Appeal is not now usually settled by Counsel.
CH.52 – 44] COURT OF APPEAL
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Paid his fee and clerk Two fair copies Case as settled by Junior
Counsel to settle in consultation, per folio, each 0 1 0
Attending Senior Counsel therewith — if 30 guineas or more 3 0 0 if fee under 30 guineas 1 0 0
Paid his fee and clerk Attending both Counsel arranging consultation 2 10 0 Paid consultation fee to Senior Counsel and clerk 11 0 6 Paid consultation fee to Junior counsel and clerk 7 14 6 Attending consultation 2 10 0 Copy case for printer, per folio 0 1 0 Attending him therewith 1 0 0 Correcting proofs of printed case, per sheet of
8 pages 1 0 0 Correcting proofs of duplicated copy of case,
per sheet of 10 pages 1 0 0 Attending printer, instructing him to strike off
fifty copies 1 0 0 Paid printer’s bill. (Charge to be in accordance
with current agreement with Printers’ Association.) 1 0 0
Attending paying 1 0 0 Attending at Privy Council Office lodging
thirty copies 1 0 0 Writing Respondent with appointment to
exchange Cases 0 10 0 Attending exchange ten copies 1 0 0 Perusing Respondent’s case, per printed sheet
of 8 pages 2 5 0 Perusing Respondent’s case, per duplicated
sheet of 10 pages 2 5 0 Case Notice
(Where Respondent makes default in lodging case) Drawing and copy Case Notice 1 0 0 Service upon Respondent 1 0 0 Attending at Council Office to see if Case lodged 1 0 0 Drawing affidavit of service of Case Notice 1 0 0 Copying 0 10 0 Attending to be sworn 1 0 0
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Paid (unless sworn at the Privy Council Office) as paid
Lodging affidavit 1 0 0 Binding Record and Cases
Attending at Privy Council Office, obtaining seven copies of Record and Cases to bind for the use of the Board 22 1 0 0
Drawing instructions to bind and endorse 1 0 0 Attending binder 1 0 0 Paid him Attending paying 1 0 0 Attending lodging bound copies 1 0 0
Briefs Instructions to Senior Counsel to argue 23 2 10 0 Attending him with papers,
if fee under 30 guineas 1 0 0 if 30 guineas or more 3 0 0
Paid his fee and Clerk Instructions to Junior Counsel to argue 2 10 0 Attending him with papers —
if fee under 30 guineas 1 0 0 if 30 guineas or more 3 0 0
Paid his fee and Clerk Attending both Counsel, appointing consultation
24 2 10 0 Paid Senior Counsel and Clerk 11 0 6 Paid Junior Counsel and Clerk 7 14 6 Attending consultation 2 10 0
Hearing Copy for each Counsel of summons for hearing 0 5 0 Attending both Counsel therewith 2 0 0 Preparing list of authorities to be cited at hearing
and lodging same 1 0 0 Estimating length of hearing and lodging same 1 0 0
22 No charge for binding must appear in the Respondent’s Bill, as this is entirely a
matter for the Appellant. 23 Two Counsel only allowed. 24 As a rule only one consultation is allowed on the Brief.
CH.52 – 46] COURT OF APPEAL
STATUTE LAW OF THE BAHAMAS [Original Service 2001]
Attending Council Chamber, but Appeal not reached, each day 7 10 0
Attending Council Chamber, when Appeal heard 25 each day 10 0 0
Paid refresher fee to Senior Counsel and Clerk 1 0 0 Attending him or 2 0 0 Paid refresher fee to Junior Counsel and Clerk 1 0 0 Attending him or 2 0 0
Judgment On receiving summons for Judgment — Copy for Counsel 0 5 0 Attending Junior Counsel therewith 1 0 0 Paid fee to hear Judgment, and Clerk 11 0 6 Attending to hear Judgment 3 0 0
Taxation and Concluding Charges Drawing Bill of Costs and copy, per folio 0 3 0 Attending lodging same 1 0 0 Copy order to tax for Respondent 0 10 0 Copy Bill of Costs for Respondent, per folio 0 1 0 Attending him therewith 1 0 0 Attending taxing 4 10 0 Attending paying Office fees 1 0 0 Paid fees ( as paid) Approving draft order 1 0 0 Attending lodging same at Privy Council Office 1 0 0 Writing agent with order 1 0 0 Sessions fee (for each year or part of a year from
the date of Appearance) 6 10 0 Letters, etc. for the first year 4 10 0 And for each following year 2 5 0
25 Cost of shorthand notes is not allowed.
COURT OF APPEAL [CH.52– 47
[Original Service 2001] STATUTE LAW OF THE BAHAMAS
D RESPONDENT’S COSTS OF APPEAL
With the exception of the following items the charges are, mutatis mutandis, similar to those in Appellant’s bill.
Record (When Record printed or duplicated in England)
£ s. d. Attending Appellant on his calling with copy of the
manuscript proceedings and arranging as to order or omission of documents 1 0 0
Perusing manuscript proceedings, for each 25 folios 0 15 0 If there are maps or plans, a further small fee may
be allowed for examining Attending at Privy Council Office examining proof
with official copy, each day 6 10 0 Correcting revised print of record, per sheet of 8
pages 1 0 0 Correcting revised duplicated copy of record, per
sheet of 10 pages 1 0 0 Attending Appellant therewith 1 0 0 Attending at Privy Council Office for copies 1 0 0
Petition of Appeal Perusing Petition 2 5 0
Revivor Perusing Supplemental Record or Certificate as to
parties from Court appealed from, same scale as Record.
Perusing Petition to revive 2 5 0 Attending Appellant giving consent to prayer 1 0 0
Consolidation Perusing Petition to consolidate 2 5 0 Attending Appellant giving consent to prayer 1 0 0
II COUNCIL OFFICE FEES
£ s. d. Entering Appearance 1 5 0 Amending Appearance 0 12 6
CH.52 – 48] COURT OF APPEAL
STATUTE LAW OF THE BAHAMAS [Original Service 2001]
Examining proof of Record with the certified record at the Registry (chargeable to Appellant only) per day 2 10 0 per half day 1 5 0
Lodging Petition of Appeal 3 15 0 Lodging Petition for special leave to appeal 2 10 0 Lodging any other Petition or Motion 1 5 0 Lodging Case or Notice under Rule 60 2 10 0 Setting down Appeal (chargeable to Appellant only) 6 5 0 Setting down to Petition for special leave to
appeal (chargeable to Petitioner only) 2 10 0 Setting down any other Petition (chargeable to
Petitioner only) 1 5 0 Summons 1 5 0 Committee Report on Petition 2 10 0 Committee Report on Appeal 3 15 0 Original Order of Her Majesty in Council
determining an Appeal 6 5 0 Any other original Order of Her Majesty in Council 3 15 0 Plain copy of an Order of Her Majesty in Council 0 6 6 Original Order of the Judicial Committee 2 10 0 Plain copy of Committee Order 0 6 6 Lodging Affidavit 0 12 6 Certificate delivered to parties 0 12 6 Lodging Caveat 1 5 0 Taxing Fee 6d. for each pound allowed, or a fraction thereof.
