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10.—(1) Every application to the Court for permission to appeal shall be made in the appropriate form.
(2) An application for permission to appeal must be made first to the court below, and an application may be made to the Supreme Court only after the court below has refused to grant permission to appeal.
11.—(1) Subject to any enactment which makes special provision with regard to any particular category of appeal, an application for permission to appeal must be filed within 28 days from the date of the order or decision of the court below.
(2) The Registrar may refuse to accept any application on the ground that—
(a) the Court does not have jurisdiction under section 40 of the Act to issue it;
(b) it contains no reasonable grounds; or
(c) it is an abuse of process,
and may give whatever directions appear appropriate.
(Section 2 of the Administration of Justice Act 1960 provides that an application for permission to appeal to the Supreme Court in a case involving civil contempt of court must be filed within 14 days, beginning with the date on which the application for permission is refused by the court below.)
(Section 13 of the Administration of Justice Act 1969 provides that an application for permission to appeal to the Supreme Court in a “leapfrog appeal” from the High Court must be filed within one month from the date on which the High Court judge grants a certificate under section 12.)
12. Before the application is filed, a copy must be served—
(a) on every respondent, and
(b) on any person who was an intervener in the court below,
and, when the application is filed, the appellant must file a certificate of service.
13.—(1) Each respondent who wishes to object to the application must, within 14 days after service, file notice of objection in the appropriate form together with a certificate of service.
(2) Before the notice is filed, a copy must be served on—
(a) the appellant,
(b) any other respondent, and
(c) any person who was an intervener in the court below.
(3) A respondent who does not file notice under this rule will not be permitted to participate in the application and will not be given notice of its progress.
14.—(1) The requisite number of copies of the application must be filed together with—
(a) a copy of the order appealed from, and
(b) (if separate) a copy of any order refusing permission to appeal
and, if the order appealed from is not immediately available, the application should be filed without delay and the order filed as soon as it is available.
(2) The appellant must file the further documents required for the use of the Court within 7 days after filing the application.
15.—(1) Any person and in particular—
(a) any official body or non-governmental organization seeking to make submissions in the public interest or
(b) any person with an interest in proceedings by way of judicial review,
may make written submissions to the Court in support of an application for permission to appeal and request that the Court takes them into account.
(2) Before the submissions are filed, a copy must be served on—
(a) the appellant,
(b) every respondent, and
(c) any person who was an intervener in the court below
and the requisite number of copies of the submissions must be filed together with a certificate of service.
(3) Any submissions which are made shall be referred to the panel of Justices which considers the application for permission to appeal.
(4) If permission to appeal is granted—
(a) a person whose submissions were taken into account by the panel will be notified but, if that person wishes to intervene in the appeal, an application must be made under rule 26;
(b) the appellant must notify any person who was an intervener in the court below whether or not that person made submissions under this rule.
16.—(1) Every admissible application for permission to appeal (together with any submissions made under rule 15 and any respondent’s notice of objection) shall be considered on paper without a hearing by a panel of Justices.
(2) The panel may—
(a) grant or refuse permission to advance all or any of the grounds of appeal;
(b) invite the parties to file written submissions within 14 days as to the grant of permission on terms (whether as to costs or otherwise); or
(c) direct an oral hearing.
(3) Where the panel has invited the parties’ submissions as to terms, it shall reconsider the application on paper without a hearing and may refuse permission or grant permission (either unconditionally or on terms) to advance all or any of the grounds of appeal.
(4) Where the panel grants permission to advance limited grounds of appeal it shall (unless it directs otherwise) be taken to have refused permission to advance the other grounds.
(5) An order of the Court shall be prepared and sealed by the Registrar to record any decision made under this rule.
17.—(1) Where the panel has directed an oral hearing, the appellant and every respondent who has given notice under rule 13 will be informed of the date of the oral hearing.
(2) An order of the Court shall be prepared and sealed by the Registrar to record any decision made under this rule.
18.—(1) Where the Court grants permission to appeal, rules 19 and 20 shall not apply and
(a) the application for permission to appeal shall stand as the notice of appeal;
(b) the grounds of appeal shall be limited to those on which permission has been granted;
(c) the appellant must, within 14 days of the grant by the Court of permission to appeal, file notice under this rule of an intention to proceed with the appeal.
(2) When notice is filed under rule 18(1)(c), the application for permission to appeal will be re-sealed and the appellant must then—
(a) serve a copy on each respondent and on any person who was an intervener in the court below or whose submissions were taken into account under rule 15; and
(b) file the requisite number of copies and a certificate of service.
(3) In any other case an appellant must file a notice of appeal under rule 19.
19.—(1) Every notice of appeal shall be made in the appropriate form.
(2) The notice of appeal together with the requisite number of copies must be filed within 42 days of the date of the order or decision of the court below.
(3) The appellant must also file—
(a) a copy of the order appealed from and
(b) (if separate) a copy of the order granting permission to appeal
and, if the order appealed from is not immediately available, the notice of appeal must be filed without delay and the order filed as soon as it is available.
20.—(1) Before the notice of appeal is filed, a copy must be served on each respondent and on any person who was an intervener in the court below.
(2) When the notice of appeal is filed, the appellant must file a certificate of service.
21.—(1) Each respondent who intends to participate in the appeal must, within 14 days after service under rule 18(2)(a) or 20, file notice in the appropriate form together with a certificate of service.
(2) Before the notice is filed, a copy must be served on—
(a) the appellant,
(b) any other respondent, and
(c) any person who was an intervener in the court below or whose submissions were taken into account under rule 15.
(3) A respondent who does not file notice under this rule will not be permitted to participate in the appeal and will not be given notice of its progress.
22.—(1) Within 112 days after the filing of the notice under rule 18(1)(c) or the filing of the notice of appeal, the appellant must file—
(a) a statement of the relevant facts and issues; and
(b) an appendix (prepared in accordance with the relevant practice direction) of the essential documents which were in evidence before, or which record the proceedings in, the courts below.
(2) Both the statement and the appendix must be submitted to, and agreed with, every respondent before being filed.
(3) Within 7 days after the filing of the statement and the appendix, every party must—
(a) notify the Registrar that the appeal is ready for listing, and
(b) specify the number of hours that their respective counsel estimate to be necessary for their oral submissions
and the Registrar will subsequently inform the parties of the date fixed for the hearing.
(4) The appellant and every respondent (and any intervener and advocate to the Court) must then sequentially exchange their respective written cases and file them, and every respondent (and any intervener and advocate to the Court) must for the purposes of rule 23 provide copies of their respective written cases, in compliance with the relevant practice direction.
23. As soon as the parties’ cases have been exchanged and in any event not later than 14 days before the date fixed for the hearing the appellant must file the requisite number of core volumes and, if necessary, additional volumes containing further parts of the appendix, in compliance with the relevant practice direction.
24. The volumes of authorities that may be referred to during the hearing must be prepared in accordance with the relevant practice direction and the requisite number of copies of the volumes of authorities must be filed by the appellant at the same time as the core volumes.
25.—(1) A respondent who wishes to argue that the order appealed from should be upheld on grounds different from those relied on by the court below, must state that clearly in the respondent’s written case (but need not cross-appeal).
(2) Except where—
(a) leave is required from the Court of Session for an appeal from that court, or
(b) an appeal lies to the Court as of right,
a respondent who wishes to argue that the order appealed from should be varied must obtain permission to cross-appeal from the Court.
(3) Part 2 of these Rules shall apply (with appropriate modifications) to an application to the Court for permission to cross-appeal and (if practicable) applications for permission to appeal and to cross-appeal shall be considered together by the same panel of Justices.
(4) Where there is a cross-appeal, this Part of these Rules shall apply with appropriate modifications and in particular—
(a) either the application for permission to cross-appeal to the Court shall stand as a notice of cross-appeal, or such a notice (in the appropriate form) shall be filed and served within 42 days of the grant by the Court of permission to appeal or of the filing of the notice of appeal;
(b) there shall be a single statement of facts and issues, a single appendix of essential documents (divided if necessary into parts) and a single case for each party in respect of the appeal and the cross-appeal (and each case should state clearly that it is in respect of both the appeal and the cross-appeal); and
(c) the appellant shall remain primarily responsible for the preparation of all the papers for the appeal and for notifying the Registrar under rule 22(3).
26.—(1) After permission to appeal has been granted by the Court or a notice of appeal has been filed, any person and in particular—
(a) any official body or non-governmental organization seeking to make submissions in the public interest,
(b) any person with an interest in proceedings by way of judicial review,
(c) any person who was an intervener in the court below or whose submissions were taken into account under rule 15,
may apply to the Court for permission to intervene in the appeal.
(2) An application under this rule must be made in the appropriate form and shall be considered on paper by a panel of Justices who may refuse permission to intervene or may permit intervention—
(a) by written submissions only; or
(b) by written submissions and oral submissions
and any oral submissions may be limited to a specified duration.
(3) No permission is required—
(a) for an intervention by the Crown under section 5 of the Human Rights Act 1998, or
(b) for an intervention by the relevant officer in a case where the Court is exercising its devolution jurisdiction.
(For rules relating to Human Rights Act issues and the Court’s devolution jurisdiction see rules 40 and 41.)
The Supreme Court Rules 2009