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PRACTICE NOTES
ARCHIVED: This archived Practice Note provides guidance on completing Form 1 Application for permission (UKSC Form 1—PTA) or Form 1 Appeal (UKSC Form 1—Appeal). It considers serving the application for permission to appeal. It also considers other steps to be taken when filing that form (including other documents to be provided) and next steps by both the respondent (through its notice of objection) and the appellant. It provides guidance on completing the UKSC Form 3—Notice of objection/Acknowledgment by the respondent (Form 3). It also covers service and filing, extension of time applications, amendments to applications and additional objections. It is not maintained and is for background information only. Appeals filed before 2 December 2024 This Practice Note applies only to: • appeals to the Supreme Court which were proceeding before 2 December 2024, and • applications for permission to appeal and notices of appeal which were filed before 2 December 2024 unless the court or Registrar directs otherwise, the SCR shall
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. NOTE: SAVE FOR WHERE THE APPEAL NOTICE WAS FILED OR PERMISSION TO APPEAL WAS OBTAINED BEFORE 1 OCTOBER 2012, THIS PRACTICE NOTE IS FOR HISTORIC PURPOSES ONLY. For guidance on the current provisions, see Practice Note: Supreme Court—costs, fees and funding. Further, the rules and practice directions referred to in this guidance will link through to the existing provisions and not those effective before 1 October 2012. For the pre-October 2012 provisions, please see the attached pdf documents. CPR 52 (old) CPR PD 52 (old) Costs generally The Court may make such orders as it considers just in respect of the costs of any appeal or application for permission to appeal. The Court can make a costs order either at the final determination of the appeal, application for permission to appeal, or in the course of proceedings. Where permission to appeal is granted, costs of the application become costs in the appeal. The reasonable costs of objecting
PRACTICE NOTES
Appeals filed before 2 December 2024 This Practice Note applies only to: • appeals to the Supreme Court which were proceeding before 2 December 2024, and • applications for permission to appeal and notices of appeal which were filed before 2 December 2024 unless the court or Registrar directs that the Supreme Court Rules 2024 (SCR) shall apply (SCR 62). Appeals filed before 2 December 2024 are subject to the Supreme Court Rules 2009 (revoked) and the Practice Directions as they were in force up to that date. References to those Rules and Practice Directions in this Practice Note are in the form ‘old SCR 23’ and ‘old SCR PD 2’. Copies of those Rules and Practice Directions may be found here: Appeals filed on or after 2 December 2024 Cases which do not fall within the categories noted above (or where the court or Registrar has directed that the SCR will apply) are subject to the SCR and the associated Practice Directions. For guidance on such cases, see Practice Notes: • Supreme Court—role,
PRACTICE NOTES
Appeals on or after 2 December 2024 This Practice Note applies to appeals to the Supreme Court where the application for permission to appeal or the notice of appeal was filed on or after 2 December 2024, on which date the Supreme Court Rules (SCR) came into force (SCR 1). Appeals before 2 December 2024 The SCR 2009 (referred to in this Practice Note as the ‘old SCR’) are revoked on 2 December 2024 (SCR 62(2)). However, the old SCR continue to apply to: • appeals which were proceeding before 2 December 2024 • applications for permission to appeal under rule 11 of the old SCR (filing of application for permission to appeal) filed before 2 December 2024, and • notices of appeal under rule 19 of the old SCR (filing of notice where permission not required) filed before 2 December 2024 (SCR 62(1)) Note, however, that the court or Registrar can order that the old SCR do not continue to apply (SCR 62(1)). For guidance on appeals commenced before 2 December 2024,
PRACTICE NOTES
This Practice Note provides guidance on the documents required for the appeal hearing. It should be read in conjunction with: Practice Note: Supreme Court—the portal, filing and service—on or after 2 December 2024. Appeals before 2 December 2024 This Practice Note applies to appeals to the Supreme Court where the application for permission to appeal or the notice of appeal was filed on or after 2 December 2024, on which date the SCR came into force (SCR 1). The SCR 2009 (referred to in this Practice Note as the ‘old SCR’) are revoked on that date (SCR 62(2)). However, the old SCR continue to apply to: • appeals which were proceeding before 2 December 2024 • applications for permission to appeal under rule 11 of the old SCR (filing of application for permission to appeal) filed before 2 December 2024, and • notices of appeal under rule 19 of the old SCR (filing of notice where permission not required) filed before 2 December 2024 (SCR 62(1)) Note, however, that the court or Registrar can
PRACTICE NOTES
Appeals filed before 2 December 2024 This Practice Note applies only to: • appeals to the Supreme Court which were proceeding before 2 December 2024, and • applications for permission to appeal and notices of appeal which were filed before 2 December 2024 unless the court or Registrar directs that the SCR shall apply (SCR 62). Appeals filed before 2 December 2024 are subject to the Supreme Court Rules 2009 (revoked) and the Practice Directions as they were in force up to that date. References to those Rules and Practice Directions in this Practice Note are in the form ‘old SCR 23’ and ‘old SCR PD 2’. Copies of those Rules and Practice Directions may be found here: There is still a section dedicated to these old rules on the Supreme Court website. Appeals filed on or after 2 December 2024 Cases which do not fall within the categories noted above (or where the court or Registrar has directed that the SCR will apply) are subject to the SCR and the associated Practice
PRACTICE NOTES
This Practice Note provides guidance on filing, issuing and serving the application for permission to appeal and amending the application. It also considers next steps by the respondent, including notice of intention to participate, objections to applications and cross-appeals. This Practice Note should be read in conjunction with Practice Note: Supreme Court—permission to appeal—on or after 2 December 2024. For guidance on non-compliance with the SCR and on time limits, see Practice Note: Supreme Court—role, structure and powers—on or after 2 December 2024. Appeals before 2 December 2024 This Practice Note applies to appeals to the Supreme Court where the application for permission to appeal or the notice of appeal was filed on or after 2 December 2024, on which date the SCR came into force (SCR 1). The SCR 2009 (referred to in this Practice Note as the ‘old SCR’) are revoked on that date (SCR 62(2)). However, the old SCR continue to apply to: • appeals which were proceeding before 2 December 2024 • applications
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This archived Practice Note looks at the need for obtaining permission to appeal to the UK Supreme Court (UKSC) and how this is done whether the appeal is from the High Court (leap-frogged) or the Civil Division of the Court of Appeal. It considers time limits for making the application (including how to seek an extension of time) and how the application will be determined (including where the appeal raises a Community law issue). It is not maintained and is for background information only. This Practice Note deals with appeals to the Supreme Court. It should be read in conjunction with Practice Notes: Supreme Court—starting and managing the appeal—appeals pre-2 December 2024 and Supreme Court—completing an application for permission or notice of appeal and how to respond—appeals pre-2 December 2024. For guidance on particular appeals and references including human rights issues, devolution issues, revocation of patents, criminal appeals, etc, see old SCR 40 to old SCR 44. Appeals filed before 2 December
PRACTICE NOTES
This Practice Note concerns civil appeals to the UK Supreme Court (UKSC). It looks at the need for obtaining permission to appeal to the UKSC and how this is done, whether the appeal is from the High Court (leapfrogged) or the Civil Division of the Court of Appeal. It considers time limits for making the application (including how to seek an extension of time) and how the application will be determined (including where a reference is to be made to the Court of Justice of the European Union (CJEU)). Throughout this Practice Note, references to the Supreme Court Rules 2024, SI 2024/949, are abbreviated to 'SCR'. The relevant Practice Direction is SCR PD 3—Applications for permission to appeal. For provisions concerning particular appeals and references including Human Rights Act 1998 issues, devolution issues, references to the Court of Justice, references on assimilated law and revocation of patents, see SCR 43 to SCR 50. This Practice Note should be read in conjunction with Practice Notes: • Supreme Court—how to apply for permission
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. NOTE: SAVE FOR WHERE THE APPEAL NOTICE WAS FILED OR PERMISSION TO APPEAL WAS OBTAINED BEFORE 1 OCTOBER 2012, THIS PRACTICE NOTE IS FOR HISTORIC PURPOSES ONLY. For guidance on the current provisions, see Practice Notes: Supreme Court—general provisions and considerations and Supreme Court—permission to appeal. Further, the rules and practice directions referred to in this guidance will link through to the existing provisions and not those effective before 1 October 2012. For the pre-October 2012 provisions, please see the attached pdf documents. CPR 52 (old) CPR PD 52 (old) The Supreme Court of the United Kingdom has been established by Part 3 of the Constitutional Reform Act 2005. Its jurisdiction corresponds to that of the House of Lords in its judicial capacity. The Supreme Court Rules ('SCR') which apply to civil and criminal appeals to the Court and references under the Court's devolution jurisdiction, come into force on 1st October 2009. The Supreme Court Rules 2009 and accompanying
PRACTICE NOTES
Appeals before 2 December 2024 This Practice Note applies to appeals to the Supreme Court where the application for permission to appeal or the notice of appeal was filed on or after 2 December 2024, on which date the SCR came into force (SCR 1). The SCR 2009 (referred to in this Practice Note as the ‘old SCR’) are revoked on that date (SCR 62(2)). However, the old SCR continue to apply to: • appeals which were proceeding before 2 December 2024 • applications for permission to appeal under rule 11 of the old SCR (filing of application for permission to appeal) filed before 2 December 2024, and • notices of appeal under rule 19 of the old SCR (filing of notice where permission not required) filed before 2 December 2024 (SCR 62(1)) Note, however, that the court or Registrar can order that the old SCR do not continue to apply (SCR 62(1)). For guidance on appeals commenced before 2 December 2024, see Practice Note: Supreme Court—general provisions and considerations—appeals pre-2 December 2024. Role
PRACTICE NOTES
This Practice Note looks at how to start and conduct an appeal in the Supreme Court (UKSC) where permission to appeal is not needed—Notice of appeal, including the requirements for the contents, form, filing and service of a notice of appeal. It covers the notice of intention to proceed following the grant of permission as well as acknowledgement of notice of appeal/notice of intention to proceed by respondent. It also deals with documents for the appeal hearing, including the agreed statement of relevant facts and issues and appendix, and fixing the substantive hearing date. Finally, it sets out the rules for the form, content, filing and service of the appellants’ and respondents’ cases for the appeal hearing. Appeals filed before 2 December 2024 This Practice Note applies only to: • appeals to the Supreme Court which were proceeding before 2 December 2024, and • applications for permission to appeal and notices of appeal which were filed before 2 December 2024 unless the court or Registrar directs that the SCR shall apply