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27.—(1) Every contested appeal shall be heard in open court except where it is necessary in the interests of justice or in the public interest to sit in private for part of an appeal hearing.
(2) Where the Court considers it necessary for a party and that party’s representative to be excluded from a hearing or part of a hearing in order to secure that information is not disclosed contrary to the public interest, the Court must conduct the hearing, or that part of it from which the party and the representative are excluded, in private but the Court may exclude a party and any representative only if a person who has been appointed as a special advocate to represent the interests of that party is present when the party and the representative are excluded.
(3) Where the Court decides it is necessary for the Court to sit in private, it shall announce its reasons for so doing publicly before the hearing begins.
(4) Hearings shall be conducted in accordance with—
(a) the relevant practice direction, and
(b) any directions given by the Court
and directions given by the Court may limit oral submissions to a specified duration.
28. A judgment may be—
(a) delivered in open court; or
(b) if the Court so directs, promulgated by the Registrar.
29.—(1) In relation to an appeal or a reference, the Supreme Court has all the powers of the court below and may—
(a) affirm, set aside or vary any order or judgment made or given by that court;
(b) remit any issue for determination by that court;
(c) order a new trial or hearing;
(d) make orders for the payment of interest;
(e) make a costs order.
(2) An order of the Supreme Court may be enforced in the same manner as an order of the court below or of the appropriate superior court.
(3) For the purposes of paragraph (2) “the appropriate superior court” means—
(a) in the case of an appeal or reference from a court in England and Wales, the High Court;
(b) in the case of an appeal or reference from a court in Scotland—
(i) where the appeal or reference is in civil proceedings, the Court of Session; and
(ii) where the appeal or reference is in criminal proceedings, the High Court of Justiciary;
(c) in the case of an appeal or reference from a court in Northern Ireland, the High Court in Northern Ireland.
(4) In the case of references other than those mentioned in paragraph (3) “the appropriate superior court” in paragraph (2) means—
(a) where the reference is under the Scotland Act 1998, the Court of Session;
(b) where the reference is under the Northern Ireland Act 1998, the High Court in Northern Ireland; and
(c) where the reference is under the Government of Wales Act 2006, the High Court.
(5) Every order of the Court shall be prepared and sealed by the Registrar who may invite written submissions as to the form of the order.
30.—(1) Every procedural application to the Court must be made in the appropriate form for general procedural applications unless a particular form is provided for a specific case.
(2) An application must be made in the appropriate form and must—
(a) set out the reasons for making the application, and
(b) where necessary, be supported by written evidence.
(3) A copy of the application must be served on every other party before it is filed and, when the application is filed, the applicant must file a certificate of service.
(4) A party who wishes to oppose an application must, within 7 days after service, file notice of objection in the appropriate form and must (before filing) serve a copy on the applicant and any other parties.
(5) An application for permission to appeal, a notice of appeal or any other document filed under these Rules may be amended on application under this rule or with the permission of the Registrar on such terms as appear appropriate, and the Registrar may invite the parties’ written submissions on any application to amend.
31.—(1) Any request for urgent consideration of an application for permission to appeal or for an expedited hearing must be made to the Registrar.
(2) Wherever possible the views of all parties should be obtained before such a request is made.
32. The Registrar may direct that appeals raising the same or similar issues shall be heard either together or consecutively by the Court constituted by the same Justices and may give any consequential directions that appear appropriate.
33. The Court must be informed promptly of—
(a) the death or bankruptcy of any individual party;
(b) the winding up or dissolution of any corporate party;
(c) any compromise of the subject matter of an appeal;
(d) any event which does or may deprive an appeal of practical significance to the parties,
and the Court may give any consequential directions that appear appropriate.
34.—(1) An application for permission to appeal or a notice of appeal may be withdrawn with the written consent of all parties or with the permission of the Court on such terms as appear appropriate.
(2) The Court may set aside or vary the order appealed from by consent and without an oral hearing if satisfied that it is appropriate so to do.
(3) In this rule “a notice of appeal” includes an application for permission to appeal or cross-appeal which (under rule 18 or rule 25) stands as a notice of appeal or cross-appeal.
35.—(1) The Court may request the relevant officer to appoint, or may itself appoint, an advocate to the Court to assist the Court with legal submissions.
(2) In accordance with section 44 of the Act the Court may, at the request of the parties or of its own initiative, appoint one or more independent specially qualified advisers to assist the Court as assessors on any technical matter.
(3) The fees and expenses of any advocate to the Court or assessor shall be costs in the appeal.
36.—(1) The Court may on the application of a respondent order an appellant to give security for the costs of the appeal and any order for security shall determine—
(a) the amount of that security, and
(b) the manner in which, and the time within which, security must be given.
(2) An order made under this rule may require payment of the judgment debt (and costs) in the court below instead of, or in addition to, the amount ordered by way of security for costs.
37. Any appellant who wishes to obtain a stay of execution of the order appealed from must seek it from the court below and only in wholly exceptional circumstances will the Court grant a stay.
38.—(1) If a party for whom a solicitor is acting wishes to change solicitors, that party or the new solicitor must give the Registrar and the former solicitor written notice of the change.
(2) Until such notices are given the former solicitor shall continue to be treated as the party’s solicitor.
(3) Solicitors practising outside London may appoint London agents and additional costs incurred by not appointing London agents may be disallowed.
39.—(1) All documents filed become the property of the Court and original documents must be retained in the records of the Registry.
(2) Other documents shall be destroyed unless the Registrar (on a written application made within 21 days of the end of the proceedings) directs otherwise.
(3) All documents held by the Court may be inspected by the press or members of the public on application to the Registrar but the Registrar may refuse an application for reasons of commercial confidentiality, national security or in the public interest.
(4) Before allowing an application for inspection under this rule, the Registrar may impose terms or conditions such as the redaction of certain material where such a condition is necessary in the interests of justice or in the public interest.
The Supreme Court Rules 2009