Revised Procedures from 1 April 2013 in the JCPC

20 March 2013

On 1 April the Judicial Committee (Appellate Jurisdiction) Rules (Amendment) Order 2013 comes into force. The 2013 Order makes a number of amendments to the Rules made in 2009 which govern the practice and procedure to be followed in relation to appeals to the Judicial Committee. The text of the 2009 Rules as now amended appear on our Rules of the Committee section and this note summarises the changes which have been made to the rules and the consequential amendments which have been made to the Practice Directions. The original 2009 Rules and the text of the 2013 Order can be found via the following links:

Overriding Objective

New rule 1(4) provides an overriding objective for the JCPC rules in terms similar to that which applies to appeals to the Supreme Court. The new provision requires that the Judicial Committee Rules "must be applied and interpreted with a view to securing that the Judicial Committee is accessible, fair and efficient and that unnecessary disputes over procedural matters are discouraged".

Certificate of value - new fee structure

From 1 April fees will no longer be payable in criminal appeals and a revised fee structure is introduced for civil cases under which the amount of the fee is based on the value of the appeal. The Rules and Practice directions are amended to require an appellant to provide a certificate of value which sets out the sum of money he seeks to recover or has been awarded; the value of the land or property which is the subject of the appeal or the monetary value of the relief he is seeking. The requirement to file a certificate of value is not intended to be a costly or time consuming exercise and, where an appellant is unable to quantify the amount or value to be specified in the certificate, he will make a signed statement to that effect and the minimum fee provided for by the schedule to the Rules will then be payable.

Time Limits for Filing Documents

Rules 13, 18 and 21 and their accompanying Practice Directions are amended to adjust the time limits for the filing of a notice of objection, a notice of appeal and the statement of facts and issues.

Judgments

Rule 29 is amended to enable the Registrar to promulgate a judgment if the Board so directs.

Financial Assisted Persons

Rule 38 is amended and Rule 49 is omitted in order to modify the Financial Assisted Person's Scheme. Under the new scheme, it will be for the members of the Board to decide what orders for costs should be made and the Registrar's powers will be limited to waiving or remitting the fee which is payable. Whereas the current scheme is confined to appellants, the new scheme is extended to respondents as well.

Fees

The new fees are set out in the Schedule to the Rules but the Rules make full provision for the Registrar to reduce or remit the fee where payment of the fee would involve undue financial hardship.

Costs

The rules on the assessment of costs are amended to make it clear that a Costs Judge may assess costs sitting alone and provision is also made for the Registrar to assess costs on paper without the attendance of the parties. Where costs are assessed on paper, a party who is dissatisfied with the outcome can apply for an oral hearing before a Costs Judge.

Pastoral Schemes and References to the Judicial Committee

The 2009 Rules did not make specific provision for appeals against Pastoral Schemes or for cases where a reference is made to the Judicial Committee under section 4 of the Judicial Committee Act 1833. The two new Parts which are added to the Rules provide the procedure to be applied in these cases.