Supreme Court Practice Directions 2021

Part 14: Proceedings before the Appellate Division, the Court of Appeal, the Court of 3 Supreme Court Judges under the Legal Profession Act and appeals to the General Division under the Medical Registration Act

116. Application of this Part

The directions in this Part apply to all appeals, applications and other proceedings before:

117. Whether an appeal to the Court of Appeal is to be heard by 5 or any greater uneven number of Judges

Pursuant to section 50(1) of the Supreme Court of Judicature Act, the Court of Appeal may determine, as and when appropriate, whether to convene a panel of 5 or any greater uneven number of Judges. Such determination of the Court of Appeal will be final.

118. Appeals Information Sheet for civil appeals to the Appellate Division and the Court of Appeal

(1) The Chief Justice has directed that for civil appeals to the Appellate Division and civil appeals to the Court of Appeal, parties must file in court and serve on every other party to the appeal or his or her solicitor an Appeals Information Sheet in Form B19 of Appendix B of these Practice Directions by the following times:

(2) Where appropriate, parties or their solicitors may be required to attend in person to take directions on the conduct of the appeal.

119. Page limits

(1) The following table sets out the prescribed page limits for various documents filed under the Rules of Court 2021 in civil proceedings before the Appellate Division and the Court of Appeal:

S/N Document Prescribed page limit
Documents filed for appeals under Order 18 and Order 19 of the Rules of Court 2021
(a) Written submissions required to be filed for appeals to the Appellate Division and the Court of Appeal under Order 18 of the Rules of Court 2021 35 pages
(b) The appellant’s Case required to be filed in appeals to the Appellate Division and the Court of Appeal under Order 19 of the Rules of Court 2021 55 pages
(c) The appellant’s core bundle of documents required to be filed in appeals to the Appellate Division and the Court of Appeal under Order 19 of the Rules of Court 2021 55 pages (excluding the written judgment or grounds of decision of the lower Court and the extracted order of the lower Court)
(d) The respondent’s Case required to be filed in appeals to the Appellate Division and the Court of Appeal under Order 19 of the Rules of Court 2021 55 pages
(e) The respondent’s core bundle of documents that may be filed in appeals to the Appellate Division and the Court of Appeal under Order 19 of the Rules of Court 2021 35 pages
(f) The appellant’s Reply that may be filed in appeals to the Appellate Division and the Court of Appeal under Order 19 of the Rules of Court 2021 25 pages
(g) The second core bundle that may be filed in appeals to the Appellate Division and the Court of Appeal under Order 19 of the Rules of Court 2021 25 pages
Documents filed for applications under Order 18 and Order 19 of the Rules of Court 2021
(h) Written submissions filed for applications to the Appellate Division and the Court of Appeal under Order 18 and Order 19 of the Rules of Court 2021 (excluding applications for permission to appeal) 35 pages
(i) Written submissions filed for applications to the Appellate Division and the Court of Appeal for permission to appeal under Order 18 and Order 19 of the Rules of Court 2021 15 pages
(j) Bundle of documents filed for applications to the Appellate Division and the Court of Appeal for permission to appeal under Order 18 and Order 19 of the Rules of Court 2021 25 pages

(2) The following table sets out the prescribed page limits for various documents filed (a) under the Rules of Court 2021 for proceedings before the General Division under the Medical Registration Act; and (b) under the Legal Profession (Court of 3 Supreme Court Judges) Rules 2022 for proceedings before the Court of 3 Supreme Court Judges under the Legal Profession Act:

S/N Document Prescribed page limit
Documents filed for proceedings before the General Division under section 55 of the Medical Registration Act
(a) Written submissions that are required to be filed for appeals to the General Division under the Medical Registration Act 55 pages
(b) Written submissions that are required to be filed for applications in respect of appeals to the General Division under the Medical Registration Act 35 pages
Documents filed for proceedings before the Court of 3 Supreme Court Judges under the Legal Profession Act
(c) Written submissions that are required to be filed for Originating Applications under sections 36U(1) and 98(1) of the Legal Profession Act and for a summons under section 82A(10) of the Legal Profession Act 55 pages
(d) Written submissions that are required to be filed for Originating Applications under section 49(4) and 102(2) of the Legal Profession Act 35 pages
(e) Written submissions that are required to be filed for any other application made to the Court of 3 Supreme Court Judges 35 pages

(3) The cover page(s) and the table of contents are to be included in the page count for the purposes of determining whether a document is within the prescribed page limit as set out in sub-paragraphs (1) and (2).

(4) Cover page(s) are mandatory for all documents. A table of contents is mandatory for all documents for which the prescribed page limit is 20 pages or higher.

(5) If any party wishes to seek permission from the relevant Court in accordance with the Rules of Court 2021 or the Legal Profession (Court of 3 Supreme Court Judges) Rules 2022 (as the case may be) to exceed the page limits prescribed under sub-paragraphs (1) and (2), the party must file a Request in the Electronic Filing Service stating the reasons for requiring additional pages, the number of additional pages required and the position of the other parties on the request. Parties are to note the fees that are payable under the Rules of Court 2021 or the Legal Profession (Court of 3 Supreme Court Judges) Rules 2022 (as the case may be) for the filing of documents exceeding the prescribed page limit.

(6) An application for permission under sub-paragraph (5) must be filed by the deadlines as set out in the following table:

S/N Document Deadline for filing an application for permission under sub-paragraph (5)
Documents filed for appeals under Order 18 and Order 19 of the Rules of Court 2021
(a) In relation to the following documents:
  • (i) written submissions required to be filed for appeals to the Appellate Division and the Court of Appeal under Order 18 of the Rules of Court 2021;
  • (ii) the appellant’s Reply that may be filed in appeals to the Appellate Division and the Court of Appeal under Order 19 of the Rules of Court 2021; and
  • (iii) the second core bundle that may be filed in appeals to the Appellate Division and the Court of Appeal under Order 19 of the Rules of Court 2021.
5 days before the filing deadline
(b) In relation to the following documents:
  • (i) the appellant’s Case and the respondent’s Case that are required to be filed in appeals to the Appellate Division and the Court of Appeal under Order 19 of the Rules of Court 2021; and
  • (ii) the appellant’s core bundle of documents and the respondent’s core bundle of documents that are required to be filed in appeals to the Appellate Division and the Court of Appeal under Order 19 of the Rules of Court 2021.
14 days before the filing deadline
Documents filed for applications under Order 18 and Order 19 of the Rules of Court 2021
(c) In relation to the following documents:
  • (i) written submissions filed for applications to the Appellate Division and the Court of Appeal under Order 18 and Order 19 of the Rules of Court 2021 (including applications for permission to appeal); and
  • (ii) bundle of documents filed for applications to the Appellate Division and the Court of Appeal for permission to appeal under Order 18 and Order 19 of the Rules of Court 2021.
5 days before the filing deadline
Documents filed for proceedings before the General Division under section 55 of the Medical Registration Act
(d) Written submissions that are required to be filed for appeals to the General Division under the Medical Registration Act 14 days before the filing deadline
(e) Written submissions that are required to be filed for applications in respect of appeals to the General Division under the Medical Registration Act 5 days before the filing deadline
Documents filed for proceedings before the Court of 3 Supreme Court Judges under the Legal Profession Act
(f) Written submissions that are required to be filed for Originating Applications under sections 36U(1) and 98(1) of the Legal Profession Act and for a summons under section 82A(10) of the Legal Profession Act 14 days before the filing deadline
(g) Written submissions that are required to be filed for Originating Applications under section 49(4) and 102(2) of the Legal Profession Act 5 days before the filing deadline
(h) Written submissions that are required to be filed for any other application made to the Court of 3 Supreme Court Judges 5 days before the filing deadline

(7) An application for permission under sub-paragraph (5) that is filed outside of the prescribed deadlines (as set out at sub-paragraph (6)) may be rejected.

120. Formatting requirements for written Cases and written submissions

(1) The formatting requirements set out in this paragraph apply to the following documents:

(2) The formatting requirements for the documents listed at sub-paragraph (1) are as follows:

121. Preparation of records of appeal, written Cases, written submissions and core bundles

Arrangement of appeal records

(1) This sub-paragraph sets out the manner of arranging appeal records.

Pagination in soft copy

(2) This sub-paragraph sets out the manner of paginating soft copy appeal records.

Table of contents

(3) This sub-paragraph sets out the format of the table of contents for appeal records.

Spacing

(4) The line spacing on every page of the records of which the original is type-written (for example, any pleadings) must be double-spaced.

Arrangement of the appellant’s and respondent’s core bundles of documents and the second core bundle

(5) The documents to be included in the appellant’s and respondent’s core bundles of documents and the second core bundle are stipulated in Order 19, Rule 3 of the Rules of Court 2021. The contents of the appellant’s core bundle of documents must be arranged in the following separate volumes:

Each volume of the appellant’s and respondent’s core bundles of documents and the second core bundle must begin at page 1, every page must be numbered and the page number of the appellant’s and respondent’s core bundles of documents and the second core bundle must correspond to the page number of the Portable Document Format (PDF) version.

Contents page for appellant’s and respondent’s core bundles of documents and the second core bundle

(6) Any document listed in the contents page of the appellant’s and respondent’s core bundles of documents and the second core bundle must be suitably described in such a manner as to allow the Court to identify the nature of the document. Examples of suitable descriptions are set out below for reference:

Parties should avoid the use of generic descriptions such as “extracts from the affidavit of Party A filed on 1 December 2017” or “exhibits from the affidavit of Party A filed on 1 December 2017”.

Contents of the appellant’s and respondent’s core bundles of documents and the second core bundle

(7) Parties must ensure that all documents which they refer to in their submissions (whether in their Cases or in the oral submissions) are contained in their core bundles or the second core bundle. As a matter of practice, parties should not be making submissions based on documents contained solely in the record of appeal or the supplemental record of appeal unless they are responding to questions from the coram.

Responsibility for good order and completeness of appeal records

(8) The solicitor having the conduct of the appeal may delegate the preparation of the appeal records to an assistant or a suitably experienced law clerk or secretary, provided always that the solicitor must personally satisfy himself or herself as to the good order and completeness of every copy of the appeal records lodged in Court in accordance with the above directions, and must personally bear responsibility for any errors or deficiencies.

Superfluous, irrelevant or duplicative documents

(9) With regard to the inclusion of documents, the attention of solicitors is drawn to the definitions of “record of appeal”, “core bundle of documents” and “second core bundle” in Order 19, Rule 3 of the Rules of Court 2021. Only documents which are relevant to the subject matter of the appeal must be included in the appeal records.

(10) Parties are reminded not to exhibit duplicate documents in their respondent’s core bundle of documents or the second core bundle if such documents are already included in a core bundle of documents that has been filed earlier. Documents must not appear more than once in the record of appeal, even if exhibited to different affidavits.

(11) The Appellate Division or the Court of Appeal (as the case may be) will have no hesitation in making a special order for costs in cases in which it is of the opinion that costs have been wasted by the inclusion of superfluous, irrelevant or duplicative documents.

Preparation of Cases and written submissions

(12) Any document referred to in written submissions filed in appeals to the Appellate Division and the Court of Appeal under Order 18 of the Rules of Court 2021 and in an appellant’s Case, respondent’s Case and the appellant’s Reply filed in appeals to the Appellate Division and the Court of Appeal under Order 19 of the Rules of Court 2021 must be suitably described in such a manner as to allow the Court to identify the nature of the document. The attention of parties is drawn to sub-paragraph (6) for illustrations of suitable descriptions.

(13) To assist the Court in identifying the documents referred to by a party in written submissions filed in appeals to the Appellate Division and the Court of Appeal under Order 18 of the Rules of Court 2021, the party should indicate, in the written submissions, where the document can be found in the case file in the proceedings in the lower Court. The party should provide: (a) a clear description of the document; (b) the date on which the document was electronically filed; and (c) where the document is a constituent component of another electronic filing, the exact page in the Portable Document Format (PDF) version of the electronic filing where the document may be found.

122. Filing of appeal records and provision of hard and soft copies of documents

(1) Subject to sub-paragraph (2), all documents that are required to be filed:

are to be electronically filed by the relevant deadlines.

(2) The following documents need not be electronically filed:

(3) In lieu of electronically filing the record of appeal, the appellant is to electronically file, by the prescribed time set out in Order 19 of the Rules of Court 2021 for the filing of the record of appeal, one copy of the form of the record of appeal in Form B21 of Appendix B of these Practice Directions. In lieu of electronically filing the supplemental record of appeal, the appellant is to electronically file, by the prescribed time set out in Order 19 of the Rules of Court 2021 for the filing of the supplemental record of appeal, one copy of the form of the supplemental record of appeal in Form B22 of Appendix B of these Practice Directions.

(4) In lieu of electronically filing bundles of authorities, the party filing bundles of authorities is to electronically file, by the prescribed time set out in the Rules of Court 2021 and the Legal Profession (Court of 3 Supreme Court Judges) Rules 2022 for the filing of such bundles of authorities, one copy of a list of authorities (that corresponds to the index of the actual copy of the bundles of authorities). Parties are to also comply with specific requirements of this Part relating to submission of hard copies and soft copies of bundles of authorities for particular proceedings. Where there are no such specific requirements, parties are required to tender soft copies of the bundles of authorities in Portable Document Format (PDF) in a CD-ROM by the prescribed time for the filing of such bundles of authorities.

(5) If a party wishes to rely on a document which does not exist in the electronic case file, he must file the document together with the respective forms of appeal bundles. Further, a table of contents must be included for these documents. These documents must be paginated consecutively at the centre top of the page and the solicitor must ensure that the pagination takes into account the pages comprising the respective forms of appeal bundles and the table of contents for these additional documents. For example, if the form of the record of appeal is 5 pages and the table of contents for the additional documents is 2 pages, the first page of the first document should be paginated as page 8.

(6) In addition to the requirement for electronic filing (where a pplicable), parties are to comply with the directions contained in this paragraph for the provision of hard and soft copies to assist the Court unless otherwise directed.

Appeals under Order 18 of the Rules of Court 2021

(7) The appellant and the respondent are required to tender the following number of hard copies of the written submissions and bundles of authorities filed in appeals under Order 18 of the Rules of Court 2021 to the Registry by the prescribed time set out in Order 18 of the Rules of Court 2021 for the filing of such documents, unless otherwise directed by the Court:

(8) In addition to tendering hard copies, the appellant and respondent are required to tender soft copies of the following documents in Portable Document Format (PDF) at the same time in a CD-ROM:

Appeals under Order 19 of the Rules of Court 2021

(9) The appellant and the respondent are required to tender the following number of hard copies of the appellant’s and respondent’s Cases, the appellant’s Reply (if any), bundles of authorities, the appellant’s core bundle of documents and the respondent’s core bundle of documents (if any), and the second core bundle (if any) to the Registry by the prescribed time set out in Order 19 of the Rules of Court 2021 for the filing of such documents, unless otherwise directed by the Court:

(10) The directions set out in paragraph 102(6) and (11) apply in relation to the preparation of the appeal bundles in hard copy, which may be printed on one side or both sides of each page.

(11) In addition to tendering hard copies, the appellant and respondent are required to tender soft copies of the following documents in Portable Document Format (PDF) at the same time in a CD-ROM:

Appeals under the Medical Registration Act

(12) In order to assist the General Division hearing appeals under the Medical Registration Act, the appellant is required to tender 1 hard copy of the record of proceedings and 4 hard copies each of the appellant’s written submissions and bundles of authorities to the Registry by the prescribed time set out in Order 19 of the Rules of Court 2021 for the filing of such documents. The respondent is required to tender 4 hard copies each of the respondent’s written submissions and bundles of authorities to the Registry at the same time when filing them within the prescribed time under the Rules of Court 2021.

(13) In addition to tendering hard copies, the appellant and respondent are to tender soft copies of the following documents in Portable Document Format (PDF) at the same time in a CD-ROM:

Applications under sections 36U(1), 82A(10) and 98(1) of the Legal Profession Act

(14) In order to assist the Court of 3 Supreme Court Judges hearing originating applications under sections 36U(1), 82A(10) and 98(1) of the Legal Profession Act, the applicant is required to tender 1 hard copy of the record of proceedings and 4 hard copies each of the applicant’s written submissions and bundles of authorities to the Registry by the prescribed time for the filing of such documents under the Legal Profession (Court of 3 Supreme Court Judges) Rules 2022. The respondent is required to tender 4 hard copies each of the respondent’s written submissions and bundles of authorities to the Registry by the prescribed time for the filing of such documents under the Legal Profession (Court of 3 Supreme Court Judges) Rules 2022.

(15) In addition to tendering hard copies, the applicant and respondent are to tender soft copies of the following documents in Portable Document Format (PDF) at the same time in a CD-ROM:

Naming convention for documents in the CD-ROM and labelling of the CD-ROM

(16) The files in the CD-ROMs that are required to be tendered under this paragraph must be named in accordance with the following format:

    <party> - <document title>

    For example -

    1st Appellant – Appellant’s Case

    1st Appellant – Appellant’s Reply

    1st Appellant – Bundle of Authorities Vol 1

    1st Appellant – Bundle of Authorities Vol 2

    1st Appellant – Record of Appeal Vol 1

    1st Appellant – Record of Appeal Vol 2

(17) The CD-ROM must be clearly labelled with the case number and title of the proceedings. If there is more than one CD-ROM, the CD-ROMs must be numbered sequentially.

123. Inclusion in appeal bundles of documents ordered to be sealed or redacted

(1) This paragraph applies where certain documents tendered before the lower Court have been ordered to be sealed or redacted, unless the entire case file in the Appellate Division or the Court of Appeal (as the case may be) has been sealed from public inspection.

(2) Counsel should carefully consider whether it is necessary to include in the record of appeal (or, in the case of a further appeal from the Appellate Division, the supplemental record of appeal), the appellant’s core bundle of documents, the respondent’s core bundle of documents or the second core bundle (collectively known as “appeal bundles”) any document that has been ordered to be sealed or redacted, having regard to paragraph 121(9) of these Practice Directions.

Inclusion of redacted documents in appeal bundles

(3) Where it is necessary to include in the appeal bundles documents that have been ordered to be redacted, parties must do so by complying with the following directions:

(4) Solicitors are reminded of their responsibility under paragraph 121(8) to personally satisfy themselves as to the good order of the appeal records. At the time the appeal bundles and BDSRO are tendered, the solicitor having conduct of the appeal must electronically file an undertaking to the Court that he or she has satisfied himself or herself that the appeal bundles do not contain any document ordered to be redacted in its unredacted form. The undertaking must be in Form B23 of Appendix B of these Practice Directions.

Inclusion of sealed documents in appeal bundles

(5) Where it is necessary to include in the appeal bundles documents that have been ordered to be sealed, parties must do so by complying with the following directions:

(6) Solicitors are reminded of their responsibility under paragraph 121(8) to personally satisfy themselves as to the good order of the appeal records. At the time the appeal bundles and the BDSSO are tendered, the solicitor having conduct of the appeal must electronically file an undertaking to the Court that he or she has satisfied himself or herself that the appeal bundles do not contain any document ordered to be sealed. The undertaking must be in Form B23 of Appendix B of these Practice Directions.

(7) To avoid doubt, documents that have been ordered to be expunged should not in any event be tendered to the Appellate Division or the Court of Appeal in any form.

124. Further written submissions for civil matters before the Appellate Division and the Court of Appeal

Where the Appellate Division or the Court of Appeal (as the case may be) orders further written submissions to be filed for any civil matter, such written submissions must not exceed 10 pages unless otherwise directed by the Appellate Division or the Court of Appeal (as the case may be). Any written submissions filed in breach of any requirement in this paragraph may be rejected. The written submissions are to comply with all formatting requirements prescribed in paragraph 120(2) of these Practice Directions.

(1) If no affidavits or submissions are filed for applications to the Appellate Division or the Court of Appeal by the timelines prescribed by Order 18, Rules 35 and 37 and Order 19, Rules 35 and 37 of the Rules of Court 2021, the Appellate Division or the Court of Appeal (as the case may be) will proceed on the basis that the party does not intend to file any affidavit or submissions and may, in accordance with section 37(1) or section 55(1) of the Supreme Court of Judicature Act (as the case may be), decide the matter based on the documents before it without hearing oral arguments.

(2) If no affidavits or submissions are filed for applications made in respect of appeals to the General Division under the Medical Registration Act by the relevant prescribed timelines, the General Division will proceed on the basis that the party does not intend to file any affidavit or submissions and may, in accordance with section 17B(1) of the Supreme Court of Judicature Act decide the matter based on the documents before it without hearing oral arguments.

(3) In relation to applications referred to under section 192 of the Legal Profession Act, if no affidavits or submission are filed by the relevant prescribed timelines, the Court of 3 Supreme Court Judges will proceed on the basis that the party does not intend to file any affidavit or submissions and may, in accordance with section 192 of the Legal Profession Act decide the matter based on the documents before it without hearing oral arguments.

126. Applications to the Appellate Division, and applications to the Court of Appeal, for permission to appeal in civil matters

(1) Any written submissions in respect of:

must be in Form B24 or B25 of Appendix B of these Practice Directions.

(2) Any written submissions in respect of an application to the Court of Appeal under Order 18, Rule 29 or Order 19, Rule 26 of the Rules of Court 2021 for permission to appeal against a decision of the Appellate Division must:

(3) The written submissions mentioned in sub-paragraphs (1) and (2) must comply with the prescribed page limits as set out in the Rules of Court 2021 and the formatting requirements as set out in paragraph 120 of these Practice Directions.

(4) If no written submissions are filed in the Appellate Division or the Court of Appeal by the timelines prescribed by Order 18, Rule 29 or Order 19, Rule 26 of the Rules of Court 2021 (as the case may be), the Appellate Division or the Court of Appeal (as the case may be) will proceed on the basis that the party does not intend to file any written submissions and may, in accordance with section 37(1) or section 55(1) of the Supreme Court of Judicature Act (as the case may be), decide the matter based on the documents before it without hearing oral arguments.

Subject to approval by the Court, parties may utilise presentation slides to assist in oral submissions before the Court. Presentation slides may be projected in the courtroom or hearing chambers when oral submissions are made. Presentation slides must comply with the following standards:

Typeface

(1) A clear typeface such as Arial or Times New Roman must be used; care should be taken to ensure that the font used is of at least a size equivalent to Arial font size 32. Bold and italicised fonts should be used sparingly.

Colours

(2) There must be sufficient contrast between the slide background and text: it is preferable to use black or dark fonts with a light background. The colours used in slide backgrounds should be muted and preferably monochromatic.

Animation and sounds

(3) Animation of slides or elements within a slide should be avoided; similarly, sounds should not be incorporated in the presentation slides unless they are necessary.

Corporate logos

(4) Corporate logos of the law practice may be displayed on the presentation slides. Care should be taken to ensure that the size and location of corporate logos do not distract from the substance of the presentation slides.

(1) Where a Grant of Aid lapses or is cancelled in the course of any proceedings in the Appellate Division or the Court of Appeal, counsel must promptly notify the Appellate Division or the Court of Appeal (as the case may be) of the lapse or the cancellation in writing. This is given that questions may arise from the lapse or the cancellation of a Grant of Aid as to whether security for costs would need to be furnished to enable the proceedings in the Appellate Division or the Court of Appeal (as the case may be) to continue to be pursued.

(2) To avoid doubt, “Grant of Aid” in sub-paragraph (1) means a document issued under section 8 of the Legal Aid and Advice Act stating that legal aid is granted to a person (whether on a provisional basis or otherwise).

129. Request for waiver or deferment of Court fees

For the purposes of proceedings referred to in Parts 13 and 14 of these Practice Directions, a request for the waiver or deferment of the whole or any part of any appeal Court fees under Order 25, Rule 3(1) of the Rules of Court 2021 must be supported by an affidavit in Form B28 of Appendix B of these Practice Directions. The affidavit in Form B28 must verify Form B29 of Appendix B of these Practice Directions.

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