Revised Practice Directions

Changes that have come into effect from October 2016

10 October 2016

1. This note explains the minor amendments which have been made to the Practice Directions.

The Statement of Facts and Issues

2. A point which was raised at the last User Group meeting was that the statement of facts and issues should be a neutral document: it is not a vehicle for advancing a party's case.

3. JCPC 5.1.7 are amended by adding the following sentences at the end of those paragraphs.

"The statement of facts and issues is a neutral document and is not to be used to argue a party's case. It is the professional duty of the parties' legal representatives to co-operate to produce the statement."


4. The Practice Directions make no express provision for the issue of a default costs certificate to a receiving party where the paying party fails to file points of dispute. Similarly, the Practice Directions do not expressly provide for a detailed assessment on the papers where there is no need for an oral hearing as one party is not taking part.

5. New paragraphs 8.5 and 11.2 are added to JCPC PD 8.

Willers v Gubay

8. Following the Supreme Court's decision in Willers v Joyce and another (executors of Albert Gubay) [2016] UKSC 44, it is necessary to expand JCPC PD 3.1.3 and 4.2.2 to require Appellants to indicate whether they invite the Board to depart from a decision of the Court of Appeal of England and Wales.

Louise di Mambro
October 2016