Submissions, books of appeal and authorities in civil appeals
From 3 October 2022
Issued pursuant to the provisions of Section 7C (2) of the Courts (Supplemental Provisions) Act 1961 (inserted by Section 10 of the Court of Appeal Act 2014).
1. Order 86, Rule 2(1) of the Rules of the Superior Courts requires that all appeals before the Court of Appeal shall be prepared for hearing or determination and heard and determined in a manner which is just, expeditious and likely to minimise the costs of the proceedings.
2. The parties to appeals before the Court and their legal advisors are under an obligation to ensure that all steps in proceedings before the Court are taken expeditiously and in accordance with and within the time prescribed by the Rules of the Superior Court and this Practice Direction.
3. Written submissions in appeals other than those set out in paragraph 4 below, shall not, save with the prior leave of the Court, exceed 10,000 words in total. Save in complex appeals, it is expected that submissions will be significantly shorter than the permitted 10,000 words.
4. Written submissions in the following classes of appeals shall not, save with the prior leave of the Court, exceed 5,000 words.
(i) an appeal against the grant or refusal of relief under Article 40.4.2° of the Constitution;
(ii) an appeal against the making or refusal of any interlocutory order;
(iii) an appeal against the making or refusal of any order granting summary judgment;
(iv) an appeal against the making or refusal of:
(a) a winding up order;
(b) an order appointing a provisional liquidator;
(c) an order appointing a receiver;
(d) an order in the course of examinership proceedings;
(v) an appeal against the making or refusal of:
(a) an adjudication in bankruptcy;
(b) an order under Chapter 3 (Debt Settlement Arrangements) or Chapter 4 (Personal Insolvency Arrangements) of Part 3 of the Personal Insolvency Act 2012;
(vi) an appeal against the making or refusal of any order in any proceedings to which Order 133 (Child Abduction and Enforcement of Custody Orders) applies;
(vii) an appeal against the making or refusal of any order making a determination as to the capacity of a person (including an order making or refusing to make a person a ward of court);
(viii) an appeal against the making or refusal of an order in proceedings under the European Arrest Warrant Acts 2003 and 2012 or in extradition proceedings;
(ix) an appeal from the making or refusal of an order of prohibition in criminal proceedings;
(x) an appeal against the refusal of an ex parte order;
(xi) an appeal against the making or refusal of an order to dismiss proceedings;
(xii) an appeal against the making or refusal of any order for costs;
5. In all cases all footnotes and appendices are to be included for the purposes of the word counts stipulated in paragraphs 1 and 2 above. However, any chronology may be excluded from the word count.
6. Submissions should be logically arranged with appropriate headings and be a concise summary of the submissions to be developed at the oral hearing.
7. Submissions must not include irrelevant, unnecessary or scandalous matter and submissions that include such matter, in particular submissions that include personal attacks on the High Court judge, on any other party to the appeal or on any third party, will be rejected and costs sanctions may also be imposed on any party who attempts to file such submissions.
8. Submissions should be presented in the following format:
(i) All submissions should carry the title and Record Number of the case and should clearly indicate on whose behalf they are presented. Submissions should be dated, should specify the word count on the front page, and where settled by Counsel or Solicitor, the name of such Counsel or Solicitor should appear at the end.
(ii) Submissions should be on A4-size page printed on one side only.
(iii) Font size 12, Times New Roman or similar.
(iv) 1.5 line spaces.
(v) Margins of 3.25 cm at each side and 2.5 cm at top and bottom.
9. Submissions should be lodged in both hard and soft copies. Soft copies should be lodged in accordance with the Information Notice on Filing Appeal Papers Electronically in Civil Appeals during the Covid-19 Pandemic and related matters dated 20 April 2020 (and any Statutory Practice Direction that replaces it). The hard and soft copy submissions must be identical. Once lodged, a copy of the submissions must be served on the other parties to the appeal in accordance with the relevant case management directions.
10. Submissions should follow the following template:
(i) Introduction (which should not exceed two pages) setting out the factual background to the proceedings;
(ii) The judgment appealed from, setting out the principal findings of law and of fact made by the trial judge and indicating the extent to which those findings are in dispute in the appeal;
(iii) The issues to be decided on the appeal and any cross-appeal;
(iv) Submissions relevant to the issues at (iii) above. These should identify clearly the relevant legal principles, focus on the issues in the appeal and engage directly with the findings made by the trial judge. Where evidence is referred to, the precise location in the transcript or an affidavit must be identified (by footnote preferably);
(v) Conclusion which should include an indication of the orders sought.
11. The appellant or moving party should include a chronology of relevant dates as an appendix to their submissions. The chronology should consist only of dates and brief factual entries and must not include submission or argument. If a respondent disputes the appellant’s chronology, they should include their own chronology as an appendix to their submissions identifying clearly the points of difference. The chronology need not be included for the purposes of the submission word count stipulated in paragraphs 1 and 2 above but it must not be used to circumvent the applicable word count.
12. The submissions should identify and specifically address all authorities of significance to the resolution of the issues on appeal. Parties and practitioners are reminded of their responsibility to bring all relevant authorities to the attention of the Court and, for that purpose, are expected to take all reasonable steps to identify such authorities. Parties and practitioners must ensure that authorities on which they rely have not been subsequently reversed on appeal or over-ruled. Citation of authorities for propositions that are not in dispute should be avoided.
13. Where a party seeks to set aside any finding of fact made by the High Court, their submissions must identify the basis upon which they maintain they are entitled so to do, having regard to the principles enunciated in Hay v. O’Grady  1 I.R. 210 and subsequent judgments.
14. Subject to any order made at a Directions hearing, the appellant shall, not later than 4 weeks before the date fixed for the hearing of the appeal, lodge in the Court of Appeal Office four hard copies of the appeal books prepared as set out below. Once lodged, the Court of Appeal Office will invite the appellant to upload an electronic copy of the appeal books to its Sharefile platform. This electronic copy should comply with the requirements of the Information Notice on Filing Appeal Papers Electronically in Civil Appeals during the Covid-19 Pandemic and related matters dated 20 April 2020 (and any Statutory Practice Direction that replaces it). Once the appeal books have been lodged with the Court of Appeal Office, the appellant must, as soon as practicable, serve a hard copy of the books on each respondent to the appeal. The appellant shall seek to agree the index to each appeal book by sending same to the respondent(s) no later than 8 weeks prior to the hearing date who must respond with any proposed amendments within 2 weeks.
15. Compliance with the time-limits in paragraph 14 above is essential to the proper functioning of the Court and the effective and efficient hearing of appeals. Any failure to comply with these time-limits in relation to an appeal may result in that appeal being adjourned or dismissed and/or in the imposition of cost orders against the party or parties in default.
16. All appeal books must be clearly indexed, tabbed and paginated. All documents in the appeal books must be legible and complete. Books should not be over-filled and excess documentation should not be forced into them. Books must be capable of being easily opened and usable with ease. Books should be clearly identified on the cover and (where possible) on the spine as to the content and, if appropriate, the number of the book.
17. Where there are three or more appeal books, the books should be numbered sequentially and at the same time as the appeal books are delivered to the Court of Appeal Office, 4 copies of an index to the books shall be lodged with the Office. This index (which shall be provided separately and not included in the books of appeal) shall identify by number and name each book of appeal and identify in detail the contents of each book. Exhibits to affidavits should be described specifically and not simply by exhibit number.
18. The appeal books shall comprise:
A. Core Book comprising:
(i) High Court order appealed from;
(ii) High Court written judgment, or, if an ex tempore judgment, a certified transcript or agreed note (signed by or on behalf of each party by Counsel or Solicitor) approved by the High Court judge;
(iii) Notice of Appeal;
(iv) Respondent’s Notice(s);
(v) Submissions of the appellant on the appeal;
(vi) Submissions of the respondent on the appeal.
B. Book of Pleadings:
(i) Where the appeal is in proceedings commenced by plenary summons, copies of the summons, any statement of claim, defence and any reply in chronological sequence: requests and replies to particulars or other notices or documents exchanged should only be included where relevant to the issues on appeal;
(ii) Where the appeal is in proceedings commenced by personal injuries summons, copies of the summons, any requests for particulars and replies to such requests, defence, reply, notices served pursuant to SI 391 of 1998 and all affidavits of verification.;
(iii) Where the appeal is in any other proceedings, copies of the originating document and any other document in the nature of a defence or statement of opposition;
(iv) Where the appeal is from an interlocutory order, in addition a copy of the notice of motion;
(v) Any order, other than the order appealed from, or direction of the High Court relevant to the appeal.
C. Book(s) of Evidence in the High Court:
(i) Where the evidence in the High Court was on affidavit, copies of each affidavit (including exhibits, which should be appropriately and individually described in the index) relied on or opened in the High Court set out in chronological sequence. Where these extend beyond one Lever Arch file, only affidavits should be included in the first Level Arch file with relevant exhibits in subsequent ones;
(ii) Where the affidavits exceed 100 pages in length, the appellant must, when lodging the books of appeal, identify the particular affidavit(s) and/or portions of the affidavits on which they intend to rely for the purposes of the appeal. If the respondent to the appeal intends to rely on any additional affidavit material, they must furnish to the Court of Appeal Office a document identifying any such additional material within 14 days.
(iii) Where the exhibits exceed 100 pages in length, the appellant must, when lodging the books of appeal, identify the particular exhibit(s) and/or portions of the exhibits on which they intend to rely for the purposes of the appeal. If the respondent to the appeal intends to rely on any additional exhibits or portions of exhibits, they must furnish to the Court of Appeal Office a document identifying any such additional material within 14 days.
(iv) In every case where oral evidence was given, an index identifying each witness who gave evidence, the party on whose behalf that evidence was given and indicating by reference to transcript number and page where that evidence is contained shall be provided
(v) Where oral evidence was given over 4 days or less, the complete transcript of the evidence given at trial certified as accurate by the transcript writer or provider; the transcript should be accompanied by an index identifying each witness who gave evidence, the party on whose behalf that evidence was given and indicating by reference to transcript number and page where that evidence is contained. The transcript should be in a full page rather than condensed format.
(vi) Where oral evidence was given over more than 4 days, an agreed book of extracts of the transcript of the evidence relevant to the issues in the appeal. These extracts should contain, and only contain, the evidence relevant to the issues on appeal. The transcript extracts should be in a full page rather than condensed format. Save with the prior leave of the Court, it is not permissible to lodge the complete transcript of the evidence. The index to the transcript extracts must, in respect of each witness whose evidence is included, identify the witness, the party on whose behalf the evidence was given, whether given in direct examination or cross-examination. The extracts must be sufficient to enable the Court to understand the context in which the evidence was given;
(vii) Book(s) of any documents admitted in evidence in the High Court relied on by either party as relevant to the appeal. Where the documents exceed 20, there should be one agreed Core Book of documents most relevant to the issues on appeal;
(viii) Where only extracts from the transcript (under (iv) above) are included, the appellant shall lodge with the appeal books a single copy of the entire transcript of the evidence given in the Court below. The transcript shall be lodged electronically where directed by the Registrar.
(ix) In proceedings commenced by personal injuries summons, the Book of Evidence shall include such expert reports exchanged between the parties pursuant to SI 391 of 1998 as were put in evidence in the High Court.
19. Where the volume of appeal papers permits, and subject always to compliance with paragraph 16 above, the Core Book, Book of Pleadings and/or Book(s) of Evidence may be amalgamated into a single volume.
20. Parties are reminded that, where it is intended to rely on DAR transcripts for the purposes of an appeal, it is the responsibility of the appellant to make an application for such transcripts in a timely manner, so as to ensure that the requirements of paragraph 14 above are complied with.
(a) It is the responsibility of the parties to the appeal to agree a book of authorities. Subject to any Directions given by the Court, no later than 8 weeks prior to the hearing date, the appellant should deliver to the respondent and any other parties to the appeal a draft list of the authorities to be included in the books of authorities having regard to paragraphs(c) and (d) below. No later than 6 weeks prior to the hearing date, the respondent and any other party shall deliver to the appellant a list of any additional authorities to be included in the agreed books of authorities.
(b) Unless otherwise directed by the Court, the appellant shall, not later than 4 weeks before the date fixed for the hearing of the appeal, lodge in the Court of Appeal Office four copies of the agreed indexed and tabbed book(s) of authorities.
(c) Where a case has been reported in the Irish Reports or the Irish Law Reports Monthly, such report is the only report of the case which should be included in the book of authorities. If a case has not been reported in the Irish Reports or the Irish Law Reports Monthly but has been reported in another series of law reports, that reported judgment should be included in the book of the authorities.
(d) No unreported judgment or computer-generated copy should be included where a reported judgement is available
(e) Parties and practitioners are expected to exercise their judgment and to co-operate to ensure that, while all necessary authorities are provided to the Court, the provision of unnecessary authorities is avoided. Parties and practitioners are reminded that it is only necessary to include in the books of authorities those judgments that are likely to be referenced to a significant extent in oral argument and/or which the Court will require to review in detail in preparing for and deciding the appeal. It is not necessary that authorities, extracts from which are merely referred to in written submissions (and in particular those which simply apply well-known principles with which the Court will be familiar), should be included in books of authorities. The inclusion of multiple authorities for the same proposition of law should be avoided.
(f) Where the agreed authorities cannot conveniently be incorporated in one booklet of authorities, a core booklet of authorities should be prepared and clearly labelled, and should contain those authorities and materials considered to be central to the case and likely to be most frequently referred to during the course of argument. The remaining materials and authorities should be incorporated in supplementary booklets and organised and ordered as set out in the provisions of this paragraph and contained in files clearly labelled and numbered sequentially.
(g) Booklets of authorities should unless otherwise ordered be presented in the following format and sequence:
(I) Any relevant provisions of the Constitution;
(II) Any relevant provisions of the EU Treaties and/or secondary EU legislation;
(II) Any relevant Irish statutory provisions;
(III) Irish authorities set out in chronological order;
(IV) Any relevant decisions of the CJEU or General Court and any relevant Advocate General Opinions, set out in chronological order
(IV) Any international authorities relied on, organised by jurisdiction, and within such jurisdictions, set out in chronological order;
(V) Other Materials including extracts from text books and learned journals,
(h) While the full report of a case should ordinarily be included in the booklet of authorities, where a case report is very lengthy and it is clear that a significant portion of the text contained in an authority is not relevant to the issues arising in the proceedings, an extract of the case report concerned will suffice, provided that the title of the case, the court(s) and date(s) of judgment, the subject headings and reporter’s headnote (if any) should always be included.
(i) While the full text of primary and secondary legislation should ordinarily be included in the booklet of authorities, where the legislation concerned is very lengthy and it is clear that a significant portion of the text is not relevant to the issues arising in the proceedings, the following should be included:
(I) the legislative provisions relevant to the issues arising;
(II) other key provisions of the legislation which may be of assistance in understanding the context of the provision which is relevant to the issues, e.g. the long title, any other subsections contained in the provision of the legislation concerned which are relevant and any other provision in the legislation which defines an expression used in the provision being relied on or would assist in interpreting or putting into context the provision being relied upon.
21.(a) Parties are expected to engage constructively with each other in determining the materials (including authorities) which are genuinely required to be included in the papers provided to the Court so as to avoid the inclusion of unnecessary materials and avoid the risk of materials of significance being omitted from the booklets provided to the Court and having to be produced to the Court during the appeal hearing.
(b) No additional material may be produced to the Court at the appeal hearing without leave of the Court.
(c) The parties, and in particular counsel or solicitor presenting arguments, must ensure that at the hearing they are using the same books of appeal as those provided to the Court.
(d) Non-compliance with a requirement of this Practice Direction may result in any one or more of the following consequences:
(I) Where such non-compliance relates to a failure to comply with the requirements of this Practice Direction with respect to a document or appeal book, the Registrar may reject the document, or appeal book,
(II) In any case, the Court may make such orders as it considers appropriate, including (but not limited to):
(i) orders disregarding, disallowing, or striking out submissions whether in whole or in part;
(ii) orders in relation to costs (including, but not limited to, orders disallowing in whole or in part the costs of the party in default).
(iii) orders dismissing an appeal or striking out a notice of appeal and consequential orders for costs.
(III) The previous paragraphs are strictly without prejudice to the power of the Court or (as the case may be) the case management judge to make an appropriate “unless” order in the event of a failure to comply with this Practice Direction
22. This Practice Direction is without prejudice to any case management directions that the Court or any member of the Court may give in relation to the case management of any specific appeal.
23. (a) This Practice Direction will come into operation on 3 October 2022.
(b) With effect from 3 October 2022, CA 06 issued on 20 December 2016 and re-issued in revised form on 10 November 2021 shall be revoked but without prejudice to the validity of any act or proceeding done or taken thereunder.
Dated 1 June 2022
President of the Court of Appeal