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PRACTICE NOTES
This Practice Note should be read in conjunction with Practice Notes: • Supreme Court—role, structure and powers—on or after 2 December 2024 • Supreme Court—permission to appeal—on or after 2 December 2024 • 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
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ARCHIVED: This Practice Note has been archived and is not maintained.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 Appeals to the UK Supreme Court—overview, Supreme Court—starting and managing the appeal and Supreme Court—appeal hearing. 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) Where permission has been granted by the Supreme Court Where the Supreme Court has granted permission to appeal, the application for permission stands as the notice of appeal and the grounds of appeal are limited to those on which permission has been granted. An appellant has 14 days from the grant of permission to appeal to file a notice of an intention to proceed with the substantive
PRACTICE NOTES
This Practice Note provides guidance on how the appeal will be heard and on judgments and orders of the Supreme Court. For guidance on the listing of the appeal, see Practice Note: Supreme Court—starting and preparation for the appeal—on or after 2 December 2024—Listing of the appeal. Throughout this Practice Note, references to the Supreme Court Rules 2024 are abbreviated to 'SCR'. 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
NEWS
Dispute Resolution analysis: In a judgment handed down on 22 October 2025, the Supreme Court has confirmed the English courts’ power to award costs in a currency other than sterling, but held that, where costs have been incurred and paid in sterling, they can be recovered in sterling without any enquiry into how the receiving party acquired the sterling. Written by Jamie Carpenter KC of Hailsham Chambers.
PRACTICE NOTES
This Practice Note provides guidance on the Supreme Court portal, and on filing and service of documents where the appeal is filed 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 the Registrar can order that the
NEWS
Dispute Resolution analysis: In unanimously allowing Ms Armstead’s appeal the Supreme Court held that the amount of a contractual liability that the claimant owes to a third party, when the contractual liability results from the defendant negligently damaging the claimant’s property, is not pure economic loss, and can be recovered in the tort of negligence. The court also held that once it is established that the loss claimed was in fact caused by the defendant’s breach of duty, it is the defendant who bears the burden of proof in respect of the five principles that are capable of limiting the recoverable damages (namely (i) the scope of the duty; (ii) remoteness; (iii) intervening cause; (iv) failure to mitigate; and (v) contributory negligence). Written by Quentin Tannock, barrister at 4 Pump Court.
GLOSSARY
A chapter or segment of the Qur’an.
PRACTICE NOTES
When passing sentence on with an offender for most offences, a court is obliged to order the offender to pay a surcharge under section 42 of the Sentencing Act 2020 (SA 2020), also known as the Sentencing Code. This is often known as a ‘victim surcharge’ but this is a misnomer as the amount is not paid directly to a victim. For this reason, the term surcharge is preferred to victim surcharge. The amount of the surcharge is specified in the Criminal Justice Act 2003 (Surcharge) Order 2012, SI 2012/1696, arts 3–6. What is a surcharge in criminal proceedings? When a court orders the payment of a surcharge, it is imposing a financial order on an offender. This occurs following conviction for most types of offences in England and Wales. The aim behind the surcharge is to ensure offenders pay towards the cost of supporting the victims of crime generally. It does not go directly to victims. Instead, the payment goes into a cental government pot which then helps to fund independent domestic violence advisers, witness care units and voluntary
GLOSSARY
This surcharge arises if the amount of the unauthorised payment to the member or employer is 25% or more of the fund value, or if more than one unauthorised payment is made to a member or employer in a specified period.
GLOSSARY
A person who agrees to be liable for a present or future obligations of another (the principal) to a third party in addition to the liability of the principal. A surety can be liable under either a guarantee or indemnity
NEWS
MLex: After an unprecedented five years for digital and cybersecurity legislation, the EU must now turn to the tricky and technical task of implementation. There are growing calls for the EU to hold off on passing any more digital laws, so that companies and regulators get some time to figure out how they all work together, and how to implement the new laws in a way that works.
NEWS
Law360: There is likely to be a record number of transactions in the UK pensions market in 2024, according to a study published on 5 September 2024 by PricewaterhouseCooper (PwC), despite what many have described as a slower start to the year.