Explanatory note

This Order amends the rules which govern the practice and procedure for appeals to the Judicial Committee of the Privy Council, the Judicial Committee (Appellate Jurisdiction) Rules 2009.

One of the main changes effected by this Order is to introduce a revised fee structure under which the amount of the fee depends upon the value of the appeal, that is, the sum of money sought to be recovered or the value of the land, property or relief which is the subject of the appeal. The amendment to Rule 7 introduces the requirement to provide a certificate of value.

A number of other amendments are made.

Rule 1 is amended to provide an overriding objective for the Rules in terms similar to that which applies to appeals to the Supreme Court of the United Kingdom.

The amendment to rule 13 increases the time limit within which a respondent to an application for permission to appeal has to file a notice of objection.

The amendment to rule 18 makes it clear that a notice of appeal is to be filed within 56 days of the date of the Order granting final leave to appeal following the decision in E. Anthony Ross v. Bank of Commerce (Saint Kitts Nevis) Trust and Savings Association Limited [2010] UKPC 26.

The amendment to rule 21 amends the time limit by which the statement of facts and issues is to be filed so that the time limit runs from the receipt by the Registrar of the record.

Rule 29 is amended to enable the Registrar to promulgate a judgment if the Board so directs.

The amendment to rule 38 restricts the effect of the financially assisted persons scheme. Where a certificate is given under rule 38, a party will be entitled to remission or reduction of the fees which are payable under the Rules but the grant of a certificate will no longer affect a party’s liability for costs. In future, it will be for the Judicial Committee to decide what orders for costs should be made and, as a consequence, rule 49 is omitted. The amendment to rule 38 extends the scope of the financially assisted persons scheme to respondents.

The other amendments bring the procedure of the Judicial Committee into line with that which applies in the Supreme Court of the United Kingdom. Rule 29 enables the Registrar to promulgate judgments if the Board so directs and the amendment to Rule 46 enables the Registrar to conduct a provisional assessment of costs without the attendance of the parties. Rule 46 is also amended to reflect the current practice whereby the assessment of costs is conducted by a Costs Judge sitting alone.

Finally two new Parts are added to the 2009 Rules. The first supplements the provisions relating to appeals against Pastoral Schemes and the second provides the procedure where a reference is made to the Judicial Committee. Under section 4 of the Judicial Committee Act 1833, matters may be referred to the Committee to hear or consider and for the Committee then to give advice to Her Majesty. References are commonly made where, after the report of a tribunal of inquiry, it is sought to remove a Judge from office on the ground of misconduct.