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May 30 2016 - May 31 2017Jun 1 2017 onwards

PRACTICE DIRECTION 11 APPEALS


Click here to view a PDF version of Practice Direction 11

Date first issued: 30 May 2016

This Practice Direction deals with applications for permission and appeals to the Court of Appeal.

Applications for permission and appeals to the Court of First Instance are dealt with in Practice Direction 3 — Small Claims.

Applications to the Court of First Instance for permission to appeal are dealt with in Practice Direction 7 – Applications before and after Trial.

This Practice Direction is to be read with, and subject to, the ADGM Court Procedure Rules 2016. Except as provided otherwise in this Practice Direction, terms have the meanings set out in those Rules.

A. APPLICATIONS FOR PERMISSION TO APPEAL [r.206]
11.1. Applications to the Court of Appeal for permission to appeal will generally be decided on the papers, without an oral hearing, by a panel of three judges.
Form
11.2. An application for permission to appeal must be in accordance with Form COA 1.
11.3. An application for permission to appeal must identify:
(a) the judgment or order against which it is sought to appeal;
(b) the ground or grounds on which the appeal would be brought;
(c) the order or orders that would be sought in the appeal; and
(d) any order of the Court of First Instance refusing permission to appeal.
Service and filing
11.4. An application for permission to appeal must be served on all other parties to the proceeding in which the judgment or order which is the subject of the application was made.
11.5. An applicant for permission to appeal must file proof of the service of the application on a party forthwith after service.
11.6. The proof of service must state when and how service was made.
Written argument
11.7. An applicant for permission must file and serve on all other parties a copy of the written argument immediately after serving the application on the last of the respondents to the application and, in any event, must do so no later than 21 days after filing the application for permission to appeal.
11.8. The written argument in support of an application for permission to appeal:
(a) must be in accordance with Form COA 2;
(b) must not, without the permission of a judge, exceed 10 pages;
(c) must set out briefly in chronological form the history of the proceedings;
(d) attach a copy of the reasons given for the judgment or order which it is sought to challenge;
(e) must identify, as shortly as the circumstances allow, the facts and the issue or issues of law in the proposed appeal; and
(f) must set out in summary form the reasons why the permission should be granted.
11.9. A party who seeks to respond to an application for permission to appeal may file and serve on the other parties to the appeal a written argument in response to the application within 21 days of being served with the applicant's written argument.
11.10. A respondent's written argument in response to an application for permission to appeal:
(a) must be in accordance with Form COA 3;
(b) must not, without the permission of a judge, exceed 10 pages; and
(c) must set out briefly the grounds on which permission should be refused.
11.11. An applicant for permission to appeal may, if invited by a judge to do so, file a written argument in reply to the written arguments of the respondent or respondents.
11.12. A written argument in reply:
(a) must be in accordance with Form COA 4; and
(b) must not, without the permission of the judge, exceed 5 pages.
Supporting material
11.13. Ordinarily, an application for permission to appeal can, and should, be made and answered without production of any substantial part of the evidence tendered at the hearing which preceded the judgment or order which is challenged.
11.14. If reference to some document in evidence (for example, the contract which was the subject of the litigation) or some particular passage of oral evidence is necessary to a proper understanding of the application for permission, the party relying on that evidence should annex that document or that passage of evidence to the written argument.
Disposition of applications for permission
11.15. An application for permission to appeal may be granted, in whole or in part and with or without conditions.
11.16. An application for permission to appeal may be refused, with or without costs.
11.17. An application for permission to appeal may be referred for further written submissions, or for oral argument, on the question whether permission should be granted.
11.18. An application for permission may be referred for oral argument as on an appeal.
11.19. The panel deciding the application need not give reasons for the decision.
11.20. The decision of an application for permission to appeal may not be challenged by any proceeding in the Court, whether by way of review, appeal or otherwise.
B. APPEAL [r.209]
11.21. If permission to appeal is given, the appellant must file and serve on all other parties to the appeal a notice of appeal within 14 days of the order giving permission.
11.22. If permission to appeal is given, the costs of the application for permission shall be costs in the appeal unless some other order is made either when permission is given or later.
11.23. A respondent who intends to participate in the hearing of the appeal must file and serve an acknowledgement of service in accordance with Form COA 7.
C. NOTICE OF APPEAL
11.24. A notice of appeal shall be in accordance with Form COA 6.
11.25. Without the permission of the Court, a notice of appeal may not allege any ground of appeal outside the scope of the permission to appeal.
D. CROSS-APPEAL
11.26. A respondent who wishes to appeal from a part of the judgment below, or who seeks a variation of that judgment may, within 14 days after service on that respondent of the notice of appeal, file and serve an application to the Court of Appeal for permission to cross-appeal in accordance with Form COA 5.
11.27. A respondent who does not seek a discharge or variation of the judgment or order pronounced or made, but wishes to contend that the judgment should be on grounds which are different in fact or law from those relied on by the court below, need not give an application to the Court of Appeal for permission to cross-appeal but, within 14 days after service on that respondent of the notice of appeal, must file and serve a notice of contention in accordance with Form COA 8.
E. APPLICATIONS IN PENDING APPEALS
11.28. A party wishing to make an application to the Court before the hearing of the appeal commences must file an application notice in accordance with Form COA 9.
11.29. An application notice must state what orders or directions the applicant will ask the Court to make.
11.30. An application may be made without notice only where it is shown to be in the interests of justice, either generally or in the particular case, that this be allowed.
11.31. In any other case, at least 3 days before the Court is to deal with the application, the applicant must serve on each respondent to the application:
(a) a copy of the application notice;
(b) notice of any written material previously served on that respondent and on which the applicant may rely at the hearing of the application; and
(c) any other written material on which the applicant may seek to rely at the hearing of the application.
11.32. The Court may deal with any application made before the hearing of the appeal without a hearing if the Court does not consider that a hearing is appropriate or the parties agree that no hearing is appropriate.
Stay and other interim measures
11.33. A party seeking a stay, or any other form of interim order relating to or arising out of the judgment or orders the subject of the appeal should ordinarily apply in the first instance to the judge whose judgment or orders is or are challenged.
F. MATERIALS FOR THE HEARING

Written arguments, chronology and statement of facts
11.34. No later than 42 days before the day fixed for the hearing of the appeal, the appellant must file and serve on all other parties to the appeal:
(a) a chronology of the events relevant to the appeal;
(b) a statement of the relevant facts as found by, or agreed in, the Court below; and
(c) the appellant's written argument (not exceeding 20 A4 pages printed in 12 point font) in support of the appeal.
11.35. No later than 21 days before the day fixed for the hearing of the appeal, each respondent may file and serve written argument (not exceeding 20 A4 pages printed in 12 point font) in opposition to the appeal.
11.36. No later than 10 days before the day fixed for the hearing of the appeal, the appellant may file and serve a written argument (not exceeding 5 A4 pages printed in 12 point font) in reply to the respondents' arguments.
Appeal record
11.37. Parties to an appeal must cooperate in preparing the materials to be made available to the Court for the hearing of the appeal ("the appeal record").
11.38. Materials should be included in the appeal record only if required by this Practice Direction or if required for the proper argument and disposition of the appeal.
11.39. The following materials must be included in the appeal record in the following order:
(a) the order appealed against;
(b) the order granting permission to appeal;
(c) the official transcript of the reasons given for the order appealed against;
(d) the appellant's notice of appeal;
(e) where they are necessary for understanding the issues and argument in the appeal:
(i) the record of the parties' statements of case; and
(ii) the transcript of any relevant part of the evidence given at trial;
(f) the chronology of events relevant to the appeal;
(g) the statement of facts as found by, or agreed in, the Court below;
(h) the appellant's written argument;
(i) the respondents' written arguments; and
(j) the appellant's written reply.
11.40. The appeal record is to be prepared in accordance with the criteria stated in PD1.2 and filed electronically as a single file.
Authorities
11.41. Not less than 5 days before the day fixed for the hearing of the appeal, each party to the appeal must file and serve on all other parties a list of the authorities to which that party intends to refer the Court at the hearing of the appeal.
G. APPEAL HEARING
11.42. The Court may fix the time allowed to parties for the presentation of oral argument having regard to the estimates of time provided by the parties under PD11.35 and 11.36.
Amended on June 1, 2017