Court of Appeal Fast Track Appeal Practice Note 2011
The President and Judges of the Court of Appeal make the following Practice Note:
This Practice Note is the Fast Track Practice Note 2011.
2 Commencement and application
(1) This Practice Note comes into effect on 1 February 2012.
(2) This Practice Note applies to civil appeals filed after the commencement date.
3 Nature of fast track appeals
(1) In general, the fast track is intended for appeals expected to take no more than half a day’s hearing time.
(2) If the Court’s resources permit, a Judge may enter on the fast track an appeal expected to take up to 2 days’ hearing time.
4 Application for fast track
(1) Any party to an appeal may apply for entry on the fast track.
(2) An application may be made by memorandum (the fast track memorandum) to be filed and served on the other party.
(3) Any application must be made within 5 working days of filing the appeal or within such further time as a Judge may allow.
(4) If the appellant makes the application, the appellant must in the fast track memorandum give the following undertakings:
(a) to pay security for costs, unless waived, within 20 working days of filing the appeal; and
(b) to apply for a fixture within 20 working days of filing the appeal; and
(c) to file the case on appeal within 20 working days of filing the appeal; and
(d) to file and serve the appellant’s submissions within 20 working days of filing the case on appeal.
(5) Despite subclause (4), the appellant need not give an undertaking with respect to a particular step if the appellant has already done that step.
(6) If the respondent makes the application, the respondent must in the fast track memorandum set out any special reasons justifying the appeal’s being entered on the fast track.
5 Response to application
(1) The party on whom the fast track memorandum is served (the other party) must, within 3 working days of being served, respond by memorandum (the reply memorandum), indicating his or her consent or opposition to the application.
(2) If the other party is the appellant and consents to the application, the appellant must, in the reply memorandum, give the undertakings referred to in clause 4(4) (unless, with respect to a particular step, the appellant has already done that step).
6 Decision on application for fast track
(a) the parties agree the appeal should be entered on the fast track; and
(b) the appellant has given the necessary undertaking or undertakings; and
(c) the appeal is expected to take no more than half a day’s hearing time —
a Judge may enter the appeal on the fast track.
(2) In all other cases, the case officer must refer the application to a Judge who will conduct a teleconference with counsel with a view to determining whether the appeal should be entered on the fast track.
(3) If the Judge enters the appeal on the fast track, the Judge may give such consequential directions as may be necessary.
(4) The Court reserves the right to decline any application for entry on the fast track if the Court’s resources do not reasonably permit the allocation of a priority hearing date.
(5) If the application is declined, the appellant is released from any undertakings given.
7 Effect of an appeal being entered on the fast track
(1) The appellant must fulfil any undertakings.
(2) The Court will use its best endeavours to offer a fixture date within 2 months of the fixture date being applied for and the case on appeal being filed.
8 Application of Court of Appeal (Civil) Rules 2005
The Court of Appeal (Civil) Rules 2005 apply to appeals entered on the fast track, except in so far as the appellant has undertaken to perform certain tasks in a more timely fashion than provided in the Rules.
9 Removal from fast track
If an appellant fails to fulfil any undertaking, a Judge may remove the appeal from the fast track.
10 Pilot scheme
(1) This is a pilot scheme. If, in due course, the scheme is considered successful, it may be incorporated into the Rules.
(2) Nothing in this scheme prevents any party to an appeal applying to the President for an urgent hearing.
Dated 14 December 2011