Practice Directions

PRACTICE DIRECTION – 2.1

CIVIL APPEALS TO THE COURT OF FINAL APPEAL

1.    When the Court of Appeal has made an order giving final leave to appeal, a copy of the approved order must be delivered to the Clerk of Court within five days of the making of the order.

2.    (a)    Where the parties have agreed:

    (i)    that an appeal lies as of right under s.22(1)(a) of the Ordinance; and

    (ii)   to the conditions which should be imposed under s.25;

the notice of motion for conditional leave should be endorsed with the consent of the parties to the order sought.

      (b)    If the notice is so endorsed, the application will be dealt with by a single judge of the Court of Appeal without the need to fix a date for hearing. No attendance will normally be required by any party.

      (c)    If, at any time after a date for hearing has been fixed but before the hearing of an application, the parties reach an agreement in accordance with 2(a) above, the applicant must inform the Clerk of Court immediately. The matter will then be dealt with as in 2(2) above and the date for hearing will be vacated.

      (d)   In all other cases, applications for conditional leave will be heard in open court by three judges.

      (e)   Applications for final leave will always be dealt with by a single judge of the Court of Appeal without the attendance of counsel. They must be supported by an affidavit verifying that the conditions have been fulfilled.

3.   This Practice Direction shall take effect on 15 February 1998.