Paragraph 13 Filing and issue of application

(1)

An application for permission to appeal must be filed within 56 days from the date of the order or decision of the court below or the date of the court below refusing permission to appeal (if later).

(2)

Where an application for permission to appeal is filed by a portal party in accordance with rule 7(2), that party must upload to the portal the documents listed in paragraph (4).

(3)

Where an application for permission to appeal is filed by a non-portal party in accordance with rule 7(3), it must be accompanied by the documents listed in paragraph (4).

(4)

The documents listed in this paragraph are—

(a)

a certificate of value;

(b)

the order of the court below against which the appellant seeks permission to appeal;

(c)

the judgment of the court below to which the order gives effect;

(d)

if available, the order of the court below refusing permission to appeal to the Judicial Committee or granting final permission to appeal as the case may be;

(e)

the grounds of appeal for which the appellant seeks permission to appeal;

(f)

a precis of the factual background of the case and a chronology of proceedings;

(g)

the order of the first instance court (if different) which was challenged in the court below;

(h)

the judgment of the first instance court (if different).

(5)

The Registrar may refuse to issue an application on the ground that—

(a)

the Judicial Committee does not have jurisdiction to issue it;

(b)

it contains no reasonable grounds; or

(c)

it is an abuse of process,

and may give whatever directions appear appropriate.

(6)

Before refusing to issue an application—

(a)

where the proposed ground for such a refusal is that the application contains no reasonable grounds or is an abuse of process, the Registrar must request submissions from the appellant, and may request submissions from any other proposed party;

(b)

where the proposed ground is that the Judicial Committee does not have jurisdiction, the Registrar may request submissions from a proposed party.

(7)

The Registrar must notify the appellant of any request made for submissions to another proposed party and must provide the appellant with a copy of any submissions received.

(8)

Subject to paragraph (5), the Registrar shall issue the application for permission and shall direct the appellant to serve the application.