Rules of the Superior Courts (Court of Appeal Act 2014) 2014.

• Statutory Instrument No.: 485/2014
• Published date: 28 October 2014

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 28th October, 2014.

We, the Superior Courts Rules Committee, constituted pursuant to the provisions of the Courts of Justice Act 1936 , section 67, and reconstituted pursuant to the provisions of the Courts of Justice Act 1953 , section 15, by virtue of the powers conferred upon us by the Courts of Justice Act 1924 , section 36, the Courts of Justice Act, 1936 , section 68 (as applied by the Courts (Supplemental Provisions) Act 1961 , section 48), the Courts (Supplemental Provisions) Act 1961 , section 14, and of all other powers enabling us in this behalf, do hereby make the following Rules of Court.

Dated this 9th day of October 2014.

Susan Denham

John Edwards

Anthony Barr

Paul McGarry

Stuart Gilhooly

Michael Kavanagh

Mary Cummins

Noel Rubotham

John Mahon

I concur in the making of the following Rules of Court.

Dated this 23rd day of October, 2014.

FRANCES FITZGERALD

Minister for Justice and Equality

S.I. No. 485 of 2014

RULES OF THE SUPERIOR COURTS (COURT OF APPEAL ACT 2014) 2014

1. (1) These Rules, which may be cited as the Rules of the Superior Courts (Court of Appeal Act 2014) 2014, shall come into operation on the 28th day of October 2014.

(2) These Rules shall be construed together with the Rules of the Superior Courts.

(3) The Rules of the Superior Courts as amended by these Rules may be cited as the Rules of the Superior Courts 1986 to 2014.

2. (1) Nothing in these Rules shall affect the validity of any step taken or any other thing done:

(a) in any proceedings on any appeal to the Supreme Court initiated before the establishment day referred to in section 5 of the Court of Appeal Act 2014

(i) from the Court of Criminal Appeal, or

(ii) from the Courts-Martial Appeal Court, or

(iii) from the High Court

(I) which do not fall within a class of appeals specified in a direction given under Article 64.3.1° of the Constitution, or

(II) which fall within a class of appeals specified in a direction given under Article 64.3.1° of the Constitution the effect of which direction has been cancelled, so far as it relates to the proceedings concerned, by an order made in accordance with Article 64.3.3° of the Constitution, and

(III) in respect of which no order has been made in accordance with Article 64.4.1° of the Constitution, or

(b) in any other proceedings before the Supreme Court initiated before the establishment day referred to in section 5 of the Court of Appeal Act 2014 ,

and such proceedings shall, subject to any order made by the Supreme Court, the Chief Justice or a Judge of the Supreme Court nominated by the Chief Justice under section 7 (6) of the Courts (Supplemental Provisions) Act 1961 , in those proceedings, be continued and completed as if these Rules had not been made.

(2) Nothing in these Rules shall affect the validity of any step taken or any other thing done in any proceedings on any appeal to the Court of Criminal Appeal to which section 78 (1) of the Court of Appeal Act 2014 applies, and the proceedings on such an appeal shall, subject to any order made by the Court of Criminal Appeal or a Judge of the Court of Criminal Appeal in those proceedings, be continued and completed as if these Rules had not been made and the powers of the Court of Criminal Appeal in any such proceedings are unaffected by these Rules.

(3) Nothing in these Rules shall affect the validity of any step taken or any other thing done in any proceedings on any appeal to the Courts-Martial Appeal Court to which section 78 (2) of the Court of Appeal Act 2014 applies, and the proceedings on such an appeal shall, subject to any order made by the Courts-Martial Appeal Court or a Judge of the Courts-Martial Appeal Court in those proceedings, be continued and completed as if these Rules had not been made and the powers of the Courts-Martial Appeal Court in any such proceedings are unaffected by these Rules.

(4) In any proceedings in which an appeal to the Supreme Court from the High Court was initiated before the establishment day referred to in section 5 of the Court of Appeal Act 2014 :

(a) which falls within a class of appeals specified in a direction given under Article 64.3.1° of the Constitution the effect of which direction has not been cancelled, so far as it relates to the proceedings concerned, by an order made in accordance with Article 64.3.3° of the Constitution, or

(b) in respect of which an order has been made in accordance with Article 64.4.1° of the Constitution providing that the appeal shall be heard and determined by the Court of Appeal:

(i) the notice of appeal to the Supreme Court shall stand as the notice of appeal to the Court of Appeal;

(ii) each document delivered by a party to the appeal in the Supreme Court shall be deemed to be the corresponding document delivered by that party to the appeal to the Court of Appeal;

(iii) the Registrar of the Supreme Court shall deliver to the Registrar of the Court of Appeal any document lodged in the Office of the Registrar of the Supreme Court in connection with the appeal;

(iv) the Court of Appeal may make any order or give any direction (including any such order or direction which may be made in accordance with Order 86, Order 86A, Order 86B, Order 86C or Order 86D of the Rules of the Superior Courts) for the effective continuance of the appeal before the Court of Appeal as that Court considers necessary.

(5) In any proceedings in respect of which an order has been made in accordance with Article 64.3.3° of the Constitution cancelling the effect of a direction under Article 64.3.1°, the Registrar of the Court of Appeal shall return to the Registrar of the Supreme Court any document held in the Office of the Registrar of the Court of Appeal in connection with the appeal.

3. The Rules of the Superior Courts are amended:

(i) by the substitution for Orders 58 and 59 of the Order set out in Schedule 1,

(ii) by the substitution of the Appendix in Schedule 2 as Appendix FF,

(iii) by the substitution for Orders 86, 86A and 87 of Orders 86, 86A, 86B, 86C, 86D and 87 as set out in Schedule 3,

(iv) by the substitution of the Appendix in Schedule 4 as Appendix U, and

(v) by the substitution for Orders 115 and 116 of Orders 115 and 116 as set out in Schedule 5.

4. The consequential and other amendments in Schedule 6 to the provisions of the Rules of the Superior Courts shall have effect in accordance with that Schedule.

5. The Rules of the Superior Courts are amended by the substitution of the forms in Schedule 7 for the forms bearing the like numbers in Appendix F of the Rules of the Superior Courts.

6. The Rules of the Superior Courts are amended by the deletion from Appendix V of Form No. 8 and by the deletion of Appendix GG inserted in those Rules by the Rules of the Superior Courts (Courts-Martial Appeal Court) 2009 (SI 270 of 2009).

Schedule 1

“ORDER 58

PROCEEDINGS IN THE SUPREME COURT

I. PRELIMINARY AND GENERAL

Interpretation and scope

1. (1) In this Order—

“appellant” means:

(a) a person who makes or intends to make an application for leave to appeal to the Supreme Court; or

(b) a person who has been given leave to appeal to the Supreme Court (including a person maintaining an appeal to the Supreme Court initiated before the establishment day referred to in section 5 of the Court of Appeal Act 2014 and who is entitled by law to continue that appeal before the Supreme Court), and

includes, where the context so admits or requires, and subject to such modifications as may be necessary, the moving party in any matter before the Supreme Court other than by way of application for leave to appeal or appeal;

the “court below” means the court from which an appeal (or application for leave to appeal) is made to the Supreme Court;

“decision” includes judgment, order, verdict, finding or determination;

the “Office” means the Office of the Registrar of the Supreme Court;

“record” has the same meaning as in Order 125;

the “Registrar” means the Registrar of the Supreme Court;

“requisite number” means the number of copies which are to be provided under the relevant statutory practice direction or as directed by the Supreme Court or the Registrar;

“respondent” includes

(i) a respondent to an application for leave to appeal and

(ii) where relevant, any party other than the moving party in any matter before the Supreme Court other than by way of application for leave to appeal or appeal;

“statutory practice direction” means a practice direction issued under section 7 (7) of the Courts (Supplemental Provisions) Act 1961 ;

references to the “Supreme Court” include:

(a) in relation to any interlocutory application or procedural application or motion referred to in section 7 (3A) of the Courts (Supplemental Provisions) Act 1961 , the Chief Justice or any Judge of the Supreme Court nominated by the Chief Justice in accordance with that sub-section to hear and determine such an application, and

(b) in relation to any directions in relation to the conduct of any proceedings before the Supreme Court, the Chief Justice or a Judge of the Supreme Court nominated by the Chief Justice under section 7 (6) of the Courts (Supplemental Provisions) Act 1961 .

(2) This Order applies to all proceedings and applications in proceedings in which the Supreme Court has jurisdiction under law and the procedure under this Order applicable to appeals shall, save where the context otherwise requires, apply, subject to any modifications which may be necessary, to any other form of proceeding before the Supreme Court.

(3) Save where otherwise provided, references in this Order to forms are to the forms in Appendix FF, with the necessary modifications where appropriate to the case.

Conduct of appeals and applications

2. (1) All applications, appeals and other matters before...