Part 14: Proceedings before the Appellate Division, the Court of Appeal, the Court of 3 Supreme Court Judges under the Legal Profession Act 1966 and appeals to the General Division under the Medical Registration Act 1997

Part 14: Proceedings before the Appellate Division, the Court of Appeal, the Court of 3 Supreme Court Judges under the Legal Profession Act 1966 and appeals to the General Division under the Medical Registration Act 1997 For the complete documentation index, see llms.txt. Markdown versions of documentation pages are available by appending .md to page URLs; this page is available as Markdown.

Part 14: Proceedings before the Appellate Division, the Court of Appeal, the Court of 3 Supreme Court Judges under the Legal Profession Act 1966 and appeals to the General Division under the Medical Registration Act 1997 116. Application of this Part 117. Whether an appeal to the Court of Appeal is to be heard by 5 or any greater uneven number of Judges 117A. Applications that may be made either to the General Division or an appellate Court 117B. Submissions by leading and junior assisting counsel 118. Appeals Information Sheet for civil appeals to the Appellate Division and the Court of Appeal 119. Page limits 120. Formatting requirements for written Cases and written submissions 121. Preparation of records of appeal, written Cases, written submissions and core bundles Arrangement of appeal records Pagination in soft copy Table of contents Spacing Arrangement of the appellant’s and respondent’s core bundles of documents and the second core bundle Contents page for appellant’s and respondent’s core bundles of documents and the second core bundle Contents of the appellant’s and respondent’s core bundles of documents and the second core bundle Responsibility for good order and completeness of appeal records Superfluous, irrelevant or duplicative documents Preparation of Cases and written submissions 122. Filing of appeal records and provision of hard and soft copies of documents Appeals under Order 18 of the Rules of Court 2021 Appeals under Order 19 of the Rules of Court 2021 Appeals under the Medical Registration Act 1997 Applications under sections 36U(1), 82A(10) and 98(1) of the Legal Profession Act 1966 Naming convention for documents in the CD-ROM and labelling of the CD-ROM 123. Inclusion in appeal bundles of documents ordered to be sealed or redacted Inclusion of redacted documents in appeal bundles Inclusion of sealed documents in appeal bundles 124. Further written submissions for civil matters before the Appellate Division and the Court of Appeal 125. Applications in civil matters before the Appellate Division and the Court of Appeal, proceedings before the Court of 3 Supreme Court Judges under the Legal Profession Act 1966 and appeals to the General Division under the Medical Registration Act 1997 126. Applications to the Appellate Division, and applications to the Court of Appeal, for permission to appeal in civil matters 127. Use of presentation slides for all proceedings before the Appellate Division, Court of Appeal and Court of 3 Supreme Court Judges under the Legal Profession Act 1966 and appeals to the General Division under the Medical Registration Act 1997 Typeface Colours Animation and sounds Corporate logos 128. Lapse or cancellation of Grant of Aid under the Legal Aid and Advice Act 1995 and the Legal Aid and Advice Regulations 129. Request for waiver or deferment of Court fees 129A. Applications for PACC permission and PACC applications

116. Application of this Part The directions in this Part apply to all appeals, applications and other proceedings before:

116. Application of this Part the Court of Appeal; (b) the Appellate Division; (c) the Court of 3 Supreme Court Judges under the Legal Profession Act 1966; and (d) the General Division under section 55 of the Medical Registration Act 1997.

117. Whether an appeal to the Court of Appeal is to be heard by 5 or any greater uneven number of Judges Pursuant to section 50(1) of the Supreme Court of Judicature Act 1969, the Court of Appeal may determine, as and when appropriate, whether to convene a panel of 5 or any greater uneven number of Judges. Such determination of the Court of Appeal will be final.

117A. Applications that may be made either to the General Division or an appellate Court Where an application may be made either to the General Division or to an appellate Court (being the Appellate Division or the Court of Appeal), and the application is first made to the General Division pursuant to section 39 or 57 of the Supreme Court of Judicature Act 1969:

117A. Applications that may be made either to the General Division or an appellate Court if the application is refused by the General Division, and the applicant still wishes to obtain the relief sought in the refused application, the applicant should make an application to the appellate Court for the same relief, instead of filing an appeal to the appellate Court; and (b) in any event, any party who wishes to vary or discharge any direction or order made by the General Division on the application should likewise make an application to the appellate Court to vary or discharge that direction or order, instead of filing an appeal to the appellate Court.

117A. Applications that may be made either to the General Division or an appellate Court Except as provided in sub-paragraph (1), any party who is dissatisfied with a decision of the General Division may file an appeal to the appellate Court against that decision in accordance with the relevant provisions of the Supreme Court of Judicature Act 1969 and the applicable rules of civil procedure.

117B. Submissions by leading and junior assisting counsel &x20;Notwithstanding the provisions of paragraph 96 of these Practice Directions, in the event that a party is represented by more than one counsel in the conduct of proceedings under this Part, junior assisting counsel are ordinarily expected to make part of the submissions at any oral hearing.

117B. Submissions by leading and junior assisting counsel &x20;Lead counsel is to inform the Court at the start of the oral hearing which issues would be addressed by the lead counsel or the junior assisting counsel.

117B. Submissions by leading and junior assisting counsel &x20;Unless otherwise directed by the Court,

117B. Submissions by leading and junior assisting counsel &x20;counsel should ensure that he or she confines himself or herself to the issues to be addressed and that there is no overlap in the issues being dealt with by different counsel for the same party; and (b) &x20;counsel must not repeat, clarify or expand on any submissions that have been made by another counsel for the same party.

117B. Submissions by leading and junior assisting counsel &x20;Nothing in this paragraph detracts from the responsibility of lead counsel to ensure that all counsel making submissions are adequately supervised and able to handle the tasks assigned to them.

118. Appeals Information Sheet for civil appeals to the Appellate Division and the Court of Appeal The Chief Justice has directed that for civil appeals to the Appellate Division and civil appeals to the Court of Appeal, parties must file in court and serve on every other party to the appeal or his or her solicitor an Appeals Information Sheet in Form B19 of Appendix B of these Practice Directions by the following times:

118. Appeals Information Sheet for civil appeals to the Appellate Division and the Court of Appeal for appeals under Order 19 of the Rules of Court 2021 – at the same time as when parties’ respective Cases under Order 19, Rule 30 of the Rules of Court 2021 are filed and served; and (b) for appeals under Order 18 of the Rules of Court 2021 – at the same time as when parties’ written submissions under Order 18, Rule 33 of the Rules of Court 2021 are filed and served.

118. Appeals Information Sheet for civil appeals to the Appellate Division and the Court of Appeal Where appropriate, parties or their solicitors may be required to attend in person to take directions on the conduct of the appeal.

119. Page limits The following table sets out the prescribed page limits for various documents filed under the Rules of Court 2021 in civil proceedings before the Appellate Division and the Court of Appeal:

119. Page limits Written submissions required to be filed for appeals to the Appellate Division and the Court of Appeal under Order 18 of the Rules of Court 202135 pages(b)The appellant’s Case required to be filed in appeals to the Appellate Division and the Court of Appeal under Order 19 of the Rules of Court 202155 pages(c)The appellant’s core bundle of documents required to be filed in appeals to the Appellate Division and the Court of Appeal under Order 19 of the Rules of Court 202155 pages (excluding the written judgment or grounds of decision of the lower Court and the extracted order of the lower Court)(d)The respondent’s Case required to be filed in appeals to the Appellate Division and the Court of Appeal under Order 19 of the Rules of Court 202155 pages(e)The respondent’s core bundle of documents that may be filed in appeals to the Appellate Division and the Court of Appeal under Order 19 of the Rules of Court 202135 pages(f)The appellant’s Reply that may be filed in appeals to the Appellate Division and the Court of Appeal under Order 19 of the Rules of Court 202125 pages(g)The second core bundle that may be filed in appeals to the Appellate Division and the Court of Appeal under Order 19 of the Rules of Court 202125 pages

119. Page limits Written submissions filed for applications to the Appellate Division and the Court of Appeal under Order 18 and Order 19 of the Rules of Court 2021 (excluding applications for permission to appeal)35 pages(i)Written submissions filed for applications to the Appellate Division and the Court of Appeal for permission to appeal under Order 18 and Order 19 of the Rules of Court 202115 pages(j)Bundle of documents filed for applications to the Appellate Division and the Court of Appeal for permission to appeal under Order 18 and Order 19 of the Rules of Court 202125 pages

119. Page limits The following table sets out the prescribed page limits for various documents filed (a) under the Rules of Court 2021 for proceedings before the General Division under the Medical Registration Act 1997; and (b) under the Legal Profession (Proceedings before Court of 3 Supreme Court Judges) Rules 2022 for proceedings before the Court of 3 Supreme Court Judges under the Legal Profession Act 1966:

119. Page limits Written submissions that are required to be filed for appeals to the General Division under the Medical Registration Act 199755 pages(b)Written submissions that are required to be filed for applications in respect of appeals to the General Division under the Medical Registration Act 199735 pages

119. Page limits Written submissions that are required to be filed for Originating Applications under sections 36U(1) and 98(1) of the Legal Profession Act 1966 and for a summons under section 82A(10) of the Legal Profession Act 196655 pages(d)Written submissions that are required to be filed for Originating Applications under section 49(4) and 102(2) of the Legal Profession Act 196635 pages(e)Written submissions that are required to be filed for any other application made to the Court of 3 Supreme Court Judges35 pages

119. Page limits The cover page(s) and the table of contents are to be included in the page count for the purposes of determining whether a document is within the prescribed page limit as set out in sub-paragraphs (1) and (2).

119. Page limits Cover page(s) are mandatory for all documents. A table of contents is mandatory for all documents for which the prescribed page limit is 20 pages or higher.

119. Page limits If any party wishes to seek permission from the relevant Court in accordance with the Rules of Court 2021 or the Legal Profession (Proceedings before Court of 3 Supreme Court Judges) Rules 2022 (as the case may be) to exceed the page limits prescribed under sub-paragraphs (1) and (2), the party must file a Request in the Electronic Filing Service stating the reasons for requiring additional pages, the number of additional pages required and the position of the other parties on the request. Parties are to note the fees that are payable under the Rules of Court 2021 or the Legal Profession (Proceedings before Court of 3 Supreme Court Judges) Rules 2022 (as the case may be) for the filing of documents exceeding the prescribed page limit.

119. Page limits An application for permission under sub-paragraph (5) must be filed by the deadlines as set out in the following table:

119. Page limits In relation to the following documents:

119. Page limits In relation to the following documents:

119. Page limits Written submissions that are required to be filed for appeals to the General Division under the Medical Registration Act 199714 days before the filing deadline(e)Written submissions that are required to be filed for applications in respect of appeals to the General Division under the Medical Registration Act 19975 days before the filing deadline

119. Page limits Written submissions that are required to be filed for Originating Applications under sections 36U(1) and 98(1) of the Legal Profession Act 1966 and for a summons under section 82A(10) of the Legal Profession Act 196614 days before the filing deadline(g)Written submissions that are required to be filed for Originating Applications under section 49(4) and 102(2) of the Legal Profession Act 19665 days before the filing deadline(h)Written submissions that are required to be filed for any other application made to the Court of 3 Supreme Court Judges5 days before the filing deadline

119. Page limits An application for permission under sub-paragraph (5) that is filed outside of the prescribed deadlines (as set out at sub-paragraph (6)) may be rejected.

120. Formatting requirements for written Cases and written submissions The formatting requirements set out in this paragraph apply to the following documents:

120. Formatting requirements for written Cases and written submissions written submissions filed for appeals to the Appellate Division and the Court of Appeal under Order 18 of the Rules of Court 2021; (b) the appellant’s Case, the respondent’s Case and the appellant’s Reply filed in appeals to the Appellate Division and the Court of Appeal under Order 19 of the Rules of Court 2021; (c) written submissions filed for applications to the Appellate Division and the Court of Appeal under Order 18 and Order 19 of the Rules of Court 2021 (including written submissions filed for applications for permission to appeal); (d) written submissions filed for proceedings before the General Division under section 55 of the Medical Registration Act 1997; (e) written submissions filed for proceedings before the Court of 3 Supreme Court Judges under the Legal Profession Act 1966; and (f) further written submissions filed under paragraph 124 of these Practice Directions.

120. Formatting requirements for written Cases and written submissions The formatting requirements for the documents listed at sub-paragraph (1) are as follows:

120. Formatting requirements for written Cases and written submissions the cover page(s), which are mandatory, must be included at the beginning of the document; (b) if a table of contents is mandatory under paragraph 119(4) of these Practice Directions, the table of contents must be included at the beginning of the document immediately after the cover page(s); (c) all pages (including, where applicable, the cover page, table of contents, separator sheets and exhibit sheets) must be paginated such that the printed page numbers correspond to the page numbers in the soft copy Portable Document Format (PDF) version of the document, and the page number must be inserted at the top right hand corner of the page; (d) except for content reproduced from case authorities, textbook or other commentaries, other documents filed in Court, and extracts of transcripts, which may be in Times New Roman 10 or its equivalent, the minimum font size to be used must be Times New Roman 12 or its equivalent; (e) the print of every page must be double-spaced, except for: (i) cover pages and tables of contents; (ii) paragraph and section headings or sub-headings; (iii) content reproduced from case authorities, textbook or other commentaries, and other documents filed in Court; and (iv) extracts of transcripts, which may be single-spaced; (f) every page must have a margin on all 4 sides, each of at least 35 mm in width; and (g) parties are strongly encouraged to print hard copies on both sides of each page.

121. Preparation of records of appeal, written Cases, written submissions and core bundles Arrangement of appeal records

121. Preparation of records of appeal, written Cases, written submissions and core bundles This sub-paragraph sets out the manner of arranging appeal records.

121. Preparation of records of appeal, written Cases, written submissions and core bundles To facilitate cross-referencing, the record of appeal must be arranged in the following separate volumes: (i) Volume I – A certified copy of the judgment or grounds of decision of the lower Court and the extracted order of the lower Court. (ii) Volume II – Notice of appeal, certificate of security for costs and pleadings (to include all originating processes). (iii) Volume III – Affidavits (in chronological order), and transcripts or notes of evidence and arguments. (iv) Volume IV – All such exhibits and documents as they were tendered in the lower Court, but which did not form an exhibit to any affidavit. (v) Volume V – The Agreed Bundle (if any) in its original physical form as it was tendered in the lower Court. (b) Where there are no exhibits or documents referred to in sub-paragraph (1)(a)(iv) above, Volume IV need not be produced, and Volume V must be renumbered as Volume IV. (c) To facilitate cross-referencing, any supplemental record of appeal must be arranged in the following manner in 1 volume: (i) the notice of appeal to the Court of Appeal; (ii) the certificate of payment of security for costs in respect of the appeal to the Court of Appeal; (iii) the written judgment or grounds of decision of the Appellate Division or, if there is no judgment or grounds of decision, the certified minute sheet of the Appellate Division; (iv) the order granting permission to appeal to the Court of Appeal; (v) parties’ Cases filed in the Appellate Division; and (vi) all documents filed in the Appellate Division (so far as they are relevant to the matter decided and the nature of the appeal). (d) If any volume should exceed 300 pages, then that volume must be sub-divided, at a convenient page, into sub-volumes designated as part thereof, for example, Volume III Part A, Volume III Part B and so on. Conversely, if any of the volumes (with the exception of Volumes I and II which must remain as separate volumes) should be less than 100 pages each, these may be amalgamated into combined volumes, each not exceeding 300 pages, and renumbered accordingly.

121. Preparation of records of appeal, written Cases, written submissions and core bundles This sub-paragraph sets out the manner of paginating soft copy appeal records.

121. Preparation of records of appeal, written Cases, written submissions and core bundles The first page of each volume must state the title and the Civil Appeal number of the appeal, the names of the parties, the volume number, a short description of its contents, the names and addresses of the appellants and respondents, and the date of filing. (b) All pages (including, where applicable, the cover page, table of contents, separator sheets and exhibit sheets) must be paginated in the manner provided for in paragraph 120(2)(c), and, where there are multiple volumes, each separate volume must start at page 1, and every page in that volume must be numbered consecutively.

121. Preparation of records of appeal, written Cases, written submissions and core bundles This sub-paragraph sets out the format of the table of contents for appeal records.

121. Preparation of records of appeal, written Cases, written submissions and core bundles The table of contents of all volumes of the records must be placed at the beginning of Volume I, immediately after the first title page in the manner and form set out in Form B20 of Appendix B of these Practice Directions. (b) Each volume and, if any, parts thereof, must also contain its own table of contents listing the documents contained in the volume. (c) Items in the table of contents page must be numbered serially, and listed in the order in which they are found in the records. (d) The items relating to the transcripts or notes of the evidence of witnesses must have a sub-table of contents page of the evidence of each witness, and the number and name of each witness must be shown in such sub-table. (e) If an exhibit consists of a bundle of documents, then the documents in the bundle must be listed in a sub-table of contents under the item relating to such bundle. (f) Electronic bookmarks for each item of the table of contents and sub-table of contents must be added to each volume of the Portable Document Format (PDF) version of the appeal records. The description of each bookmark must correspond with the description of that item in the table of contents or sub-table of contents, unless an abbreviated description is appropriate.

121. Preparation of records of appeal, written Cases, written submissions and core bundles \[deleted]

121. Preparation of records of appeal, written Cases, written submissions and core bundles The documents to be included in the appellant’s and respondent’s core bundles of documents and the second core bundle are stipulated in Order 19, Rule 3 of the Rules of Court 2021. The contents of the appellant’s core bundle of documents must be arranged in the following separate volumes:

121. Preparation of records of appeal, written Cases, written submissions and core bundles Volume A – A certified copy of the judgment or grounds of decision of the lower Court, the extracted order of the lower Court, and a contents page listing the documents included therein. (b) Volume B – All other documents referred to in Order 19, Rule 3 of the Rules of Court 2021 and a table of contents listing the documents included therein.

121. Preparation of records of appeal, written Cases, written submissions and core bundles Any document listed in the contents page of the appellant’s and respondent’s core bundles of documents and the second core bundle must be suitably described in such a manner as to allow the Court to identify the nature of the document. Examples of suitable descriptions are set out below for reference:

121. Preparation of records of appeal, written Cases, written submissions and core bundles Joint Venture Agreement between Party A and Party B dated 1 December 2017; (b) Minutes of meeting held on 1 December 2017 between Party A and Party B; and (c) Email dated 1 December 2017 from Party A to Party B.

121. Preparation of records of appeal, written Cases, written submissions and core bundles Parties must ensure that all documents which they refer to in their submissions (whether in their Cases or in the oral submissions) are contained in their core bundles or the second core bundle. As a matter of practice, parties should not be making submissions based on documents contained solely in the record of appeal or the supplemental record of appeal unless they are responding to questions from the coram.

121. Preparation of records of appeal, written Cases, written submissions and core bundles The solicitor having the conduct of the appeal may delegate the preparation of the appeal records to an assistant or a suitably experienced law clerk or secretary, provided always that the solicitor must personally satisfy himself or herself as to the good order and completeness of every copy of the appeal records lodged in Court in accordance with the above directions, and must personally bear responsibility for any errors or deficiencies.

121. Preparation of records of appeal, written Cases, written submissions and core bundles With regard to the inclusion of documents, the attention of solicitors is drawn to the definitions of “record of appeal”, “core bundle of documents” and “second core bundle” in Order 19, Rule 3 of the Rules of Court 2021. Only documents which are relevant to the subject matter of the appeal must be included in the appeal records.

121. Preparation of records of appeal, written Cases, written submissions and core bundles Parties are reminded not to exhibit duplicate documents in their respondent’s core bundle of documents or the second core bundle if such documents are already included in a core bundle of documents that has been filed earlier. Documents must not appear more than once in the record of appeal, even if exhibited to different affidavits.

121. Preparation of records of appeal, written Cases, written submissions and core bundles The Appellate Division or the Court of Appeal (as the case may be) will have no hesitation in making a special order for costs in cases in which it is of the opinion that costs have been wasted by the inclusion of superfluous, irrelevant or duplicative documents.

121. Preparation of records of appeal, written Cases, written submissions and core bundles Any document referred to in written submissions filed in appeals to the Appellate Division and the Court of Appeal under Order 18 of the Rules of Court 2021 and in an appellant’s Case, respondent’s Case and the appellant’s Reply filed in appeals to the Appellate Division and the Court of Appeal under Order 19 of the Rules of Court 2021 must be suitably described in such a manner as to allow the Court to identify the nature of the document. The attention of parties is drawn to sub-paragraph (6) for illustrations of suitable descriptions.

121. Preparation of records of appeal, written Cases, written submissions and core bundles To assist the Court in identifying the documents referred to by a party in written submissions filed in appeals to the Appellate Division and the Court of Appeal under Order 18 of the Rules of Court 2021, the party should indicate, in the written submissions, where the document can be found in the case file in the proceedings in the lower Court. The party should provide: (a) a clear description of the document; (b) the date on which the document was electronically filed; and (c) where the document is a constituent component of another electronic filing, the exact page in the Portable Document Format (PDF) version of the electronic filing where the document may be found.

122. Filing of appeal records and provision of hard and soft copies of documents Subject to sub-paragraph (2), all documents that are required to be filed:

122. Filing of appeal records and provision of hard and soft copies of documents under the Rules of Court 2021 for appeals and applications to the Appellate Division and the Court of Appeal; (b) under the Rules of Court 2021 for appeals to the General Division under the Medical Registration Act 1997 (as well as for applications in respect of such appeals); (c) under the Legal Profession (Proceedings before Court of 3 Supreme Court Judges) Rules 2022 for applications to the Court of 3 Supreme Court Judges under the Legal Profession Act 1966 (as well as for applications in respect of such applications);

122. Filing of appeal records and provision of hard and soft copies of documents The following documents need not be electronically filed:

122. Filing of appeal records and provision of hard and soft copies of documents the record of appeal and the supplemental record of appeal that are required to be filed under Order 19 of the Rules of Court 2021; and (b) all bundles of authorities that are required to be filed under Order 18 and Order 19 of the Rules of Court 2021 and the Legal Profession (Proceedings before Court of 3 Supreme Court Judges) Rules 2022.

122. Filing of appeal records and provision of hard and soft copies of documents In lieu of electronically filing the record of appeal, the appellant is to electronically file, by the prescribed time set out in Order 19 of the Rules of Court 2021 for the filing of the record of appeal, one copy of the form of the record of appeal in Form B21 of Appendix B of these Practice Directions. In lieu of electronically filing the supplemental record of appeal, the appellant is to electronically file, by the prescribed time set out in Order 19 of the Rules of Court 2021 for the filing of the supplemental record of appeal, one copy of the form of the supplemental record of appeal in Form B22 of Appendix B of these Practice Directions.

122. Filing of appeal records and provision of hard and soft copies of documents In lieu of electronically filing bundles of authorities, the party filing bundles of authorities is to electronically file, by the prescribed time set out in the Rules of Court 2021 and the Legal Profession (Proceedings before Court of 3 Supreme Court Judges) Rules 2022 for the filing of such bundles of authorities, one copy of a list of authorities (that corresponds to the index of the actual copy of the bundles of authorities). Parties are to also comply with specific requirements of this Part relating to submission of hard copies and soft copies of bundles of authorities for particular proceedings. Where there are no such specific requirements, parties are required to tender soft copies of the bundles of authorities in Portable Document Format (PDF) in a CD-ROM by the prescribed time for the filing of such bundles of authorities.