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General Notices: 25th March 2019 A.64 Callover


COURT OF APPEAL (CIVIL)

ARTICLE 64 CALLOVER

WEDNESDAY 3RD APRIL 2019

1. Following on previous similar measures to assist in alleviating the backlog of appeals in the Court of Appeal, the Supreme Court will again likely give favourable consideration to applications to reverse, in certain specific cases, the direction which had the effect of transferring those appeals to the Court of Appeal.

2. It is intended that the appeals returned to the Supreme Court under this arrangement will be listed for hearing on the days between the 19th June 2019 and the 28th June 2019 (both dates inclusive). A call-over of appeals which may be the subject of such return to the Supreme Court and which may potentially be provisionally listed for hearing during that period will take place on Wednesday the 3rd April next at 10 o'clock in Court 1, Court of Appeal Building.

3. The call-over list on the 3rd April next will comprise appeals where submissions of the appellant have been lodged pursuant to directions given at the call-over lists in Easter term 2018 together with any other appeals in the List to Fix Dates deferred from the 8th November 2018.

4. While every effort will be made by the court office to notify the parties (or their legal representatives) in each appeal included in the call-over it is the responsibility of any party or their legal representatives to check the list as to whether an appeal in which they are involved is included.

5. It is of the utmost importance that relevant parties or their representatives who attend the call-over on the 3rd April next be in a position to advise the Court regarding any further steps that may be required in order that their appeal might be made ready for hearing. Furthermore, representatives present should be able to give undertakings or assurances so as to satisfy the Court that any matters as remain outstanding can and will be attended to well in advance of any hearing date which might be fixed. Such appeals as the Court is confident may be made ready for a hearing will be given a provisional date in the period referred to above subject to the parties or their representatives being in a position to agree to that date. A number of cases may also be included in a back-up list.

6. There will be a further call-over of those appeals which have been allocated a provisional date or admitted to the back-up list in Easter term 2019. Provided the appeal is ready for hearing at that time the hearing date will be confirmed subject to a formal application being made under Article 64 to transfer the appeal to the Supreme Court. Where an appeal is not substantively ready any date provisionally allocated will be vacated and offered to appeals in the back-up list.

7. Following the second call over next term and confirmation that a date has been assigned for the hearing, the appellant or the respondent should, with immediate effect, apply as per the prescribed Rules, to transfer the appeal to the Supreme Court.

8. It is important that it be understood that the return of appeals to the Supreme Court on the basis of these arrangements is on the understanding that the appeal can and will be heard on the assigned date. Accordingly, applications for adjournment after the hearing date has been confirmed will not be entertained unless a compelling reason, which was not present at the time the date was fixed and could not reasonably have been anticipated, emerges and which renders an adjournment essential.