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Practice Directions |
1. This Direction applies to matters to be heard before the Court of Appeal, the Full Bench, a judge of the High Court or a master.
2. As early as possible before the hearing and, in any event, for the Court of Appeal and the Full Bench, not less than two clear days before (excluding public holidays), and for a judge of the High Court or a master not later than 12 noon on the day before the hearing, every party or his solicitor must lodge with the Clerk of the Court and the other party or his solicitor a list of authorities it is intended to cite.
3. In proceedings before the Court of Appeal the list must be in triplicate.
4. Such list must contain reference to all Law Reports, text books, articles, Ordinances and rules of court. Reference should be made to the edition of and as far as possible page numbers in text books and to sections in Ordinances.
5. For the removal of doubt practitioners are reminded that the Law Reports themselves only should be cited when the case to which reference is intended to be made is published in them. Only if that case does not appear in the Law Reports should other law reports or publications be cited. Where counsel consider it appropriate to cite other reports in preference to the Law Reports they should be prepared to give the court the references to the authority in the Law Reports.
6. Copies of unreported judgments should be attached to the list referred to in 2 above.
7. Where three or more copies of any authority indicated in the list are available in the court libraries, the Clerk of the Court will arrange for copies to be produced for the use of the court. Where less than three copies are available, photostat copies will be made and will be available to the court at the hearing. For this purpose the list of authorities supplied to the Clerk of the Court should as far as possible indicate clearly the particular passage to which reference is to be made.
8. If the court libraries have no copy of an authority listed, the Clerk of Court will inform the party or his solicitor. It will then be the responsibility of such party or his solicitor to produce the necessary photostat copies (three in number in case of proceedings before the Court of Appeal) at the hearing.