OpenLegislation

Article 9

Original text. Later amendments are not shown.

Order 59 shall be amended as follows:—

(i)

rule 4(1) shall be amended by substituting, for the words “within 4 weeks from”, the words “not later than 4 weeks after” and by substituting, for the words “signed, entered”, the word “sealed”;

(ii)

rule 5(1) shall be amended—

  1. (a)

    by substituting, for the words from “The appellant must” to “and leave with him”, the words “Within 7 days after the later of (i) the date on which service of the notice of appeal was effected, or (ii) the date on which the judgment or order of the court below was sealed or otherwise perfected, the appellant must lodge with the registrar”;

  2. (b)

    by substituting a full stop for a comma at the end of sub-paragraph (b) and by omitting the words thereafter, to the end of the rule;

(iii)

rule 5(4) shall be amended by substituting, for the figure “2”, the figure “4” and by omitting the words “and any extension of time allowed under paragraph (1)”;

(iv)

rule 6(4) shall be amended by substituting, for the words “within 2 days after service of the notice, furnish two copies of the notice to the registrar.”, the words “within 4 days after the later of (i) the date on which service of the respondent's notice was effected or (ii) the date on which he was notified under rule 5(4) that the appeal had been set down, lodge with the registrar two copies of the respondent's notice, one of which shall be indorsed, with the amount of the fee paid, and the other indorsed with a certificate of the date of service of such respondent's notice.”;

(v)

the following new paragraph shall be inserted after paragraph (1) of rule 14—

“(1A)

In support of any application (whether made ex parte or inter partes) the applicant shall lodge with the registrar such documents as the Court of Appeal, a single judge or the registrar may direct, and rule 9(3) and (4) shall apply, with any necessary modifications, to applications as they apply to appeals.”;

(vi)

rule 19(2) shall be amended by substituting, for the words “The notice of appeal must be served on”, the words “The appellant must, within the time specified in rule 4, serve the notice of appeal on”;

(vii)

the following paragraph shall be substituted for rule 19(3)—

“In relation to the appeal rule 4(1) and rule 5(1) shall have effect as if for the words “the date on which the judgment or order of the court below was sealed or otherwise perfected” there were substituted the words “the date of the judgment or order of the court below.” ”.