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General Notices: 18th July 2019 A.64 Callover


COURT OF APPEAL (CIVIL)

ARTICLE 64 CALLOVER

THURSDAY 18TH JULY 2019

1. There will be a Callover on Thursday the 18th day of July 2019 at 10 o'clock in Court 1, Court of Appeal Building of all pending Article 64 appeals in respect of which a hearing date has not yet been assigned.

2. In such of those appeals where submissions have not yet been lodged in accordance with the directions given at previous callover lists the Court will at this list give further directions and/or make any necessary orders to ensure that those appeals are heard in an expeditious manner. It may be that the Court will seek an explanation as to non-compliance with the directions previously given.

3. If there is no appearance by or on behalf of an Appellant at the Callover the appeal may be struck out.

4. It is of the utmost importance that relevant parties or their representatives who attend the Callover 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.

5. (a) 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.

(b) It is intended that the appeals returned to the Supreme Court under this arrangement will be listed for hearing on the days between the 18th November 2019 and the 29th November 2019 (both dates inclusive). 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.

(c) There will be a further Callover next term of those appeals which have been allocated a provisional date as above. Provided the appeal is ready for hearing at that time the hearing date will be confirmed subject to a formal application being made to the Supreme Court under Article 64 to transfer the appeal to that Court. Such application is made by way of Supreme Court Form 4 which can be found on the Courts Service Website.

(d) Following the Callover next term and confirmation that a date has been assigned for the hearing, the Appellant or the Respondent should, with immediate effect lodge the said Form 4 in the Supreme Court Office.

(e) 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.

6. While every effort will be made by the Office of the Court of Appeal to notify the parties (or their legal representatives) in each appeal included in the Callover 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.