PRACTICE DIRECTION 2.1
APPLICATION FOR LEAVE TO APPEAL
TO THE COURT OF FINAL APPEAL
FILED IN THE COURT OF APPEAL
IN CIVIL CASES
1. This Practice Direction concerns the practice to be adopted where application for leave to appeal to the Court of Final Appeal is filed in the Court of Appeal (“the Court”) in civil cases. In line with the underlying objectives as provided in Order 1A of the Rules of High Court, it aims to streamline procedures with a view to saving time and costs and to ensure the leave application is dealt with as expeditiously as is reasonably practicable.
2. The Notice of Motion seeking leave to appeal should set out the grounds of appeal concisely and succinctly. It should not include arguments or factual allegations. It should clearly identify and properly formulate questions that meet the criteria of section 22 of the Hong Kong Court of Final Appeal Ordinance, in respect of which leave is sought to have the same to be determined by the Court of Final Appeal. Non-compliance with this direction may result in the court directing a proper Notice of Motion to be prepared and the costs of the non-compliant Notice being disallowed.
3. Subject to any direction or order made by the Court, all leave applications will be dealt with and determined on paper without an oral hearing. Unless otherwise directed, the following directions shall apply automatically upon the filing of the Notice of Motion seeking leave to appeal:
(a) The Applicant shall lodge with the Court 3 sets or 2 sets (depending on the number of judges hearing the appeal) of skeleton submissions (together with a soft copy in Word format) in support of the leave application and serve 1 set of such submissions on the Respondent within 14 days after the application for leave is filed.
(b) The Respondent shall lodge with the Court 3 sets or 2 sets (depending on the number of judges hearing the appeal) of skeleton submissions (together with a soft copy in Word format) in opposition and serve 1 set of such submissions on the Applicant within 14 days of service of the documents under (a) above.
(c) The Applicant may, if so advised, lodge with the Court 3 sets or 2 sets (depending on the number of judges hearing the appeal) of written reply (together with a soft copy in Word format) and serve 1 set of such reply on the Respondent within 7 days thereafter.
(d) Legally represented parties must submit to the Registry at the same time as they lodge their last round of skeleton submissions a statement of costs (in the format as provided under Appendix A of PD 14.3) for the purpose of summary assessment of costs.
(e) The skeleton submissions should not seek to re-argue the grounds and points which had already been canvassed in the appeal. They should direct at helping the Court to determine whether grounds have been made out for the appeal to be heard by the Court of Final Appeal. Representation in support of any request for an oral hearing of the leave application, if not already made in writing to the Court after the service of the notice of motion, must be made in the skeleton submissions.
(f) The skeleton submissions lodged pursuant to paragraphs 3(a) and 3(b) must be no more than 10 pages (including footnotes and any appendices), and the written reply lodged pursuant to paragraph 3(c) must be no more than 5 pages (including footnotes and any appendices). The skeleton submissions and reply must be legibly printed in not less than 14 font size and 1.5 line spacing on A4 paper (single side only). Non-compliant submissions will be returned unread and no costs will be allowed for the preparation of the same.
(g) Upon due consideration of the submissions, the Court will notify parties of a date when its written Judgment on the leave application will be handed down. The Court may, if it considers appropriate, direct an oral hearing to be held to determine the leave application. Unless leave is granted by the Court, no further written submissions will be filed by the parties for the oral hearing. Legally represented parties shall lodge with the Court not later than 2 clear days before the hearing a supplemental statement of costs covering their costs in preparing for and attending the oral hearing.
4. This Practice Direction supersedes the previous Practice Direction 2.1 on Civil Appeals to the Court of Final Appeal.
5. This Practice Direction shall take effect on 18 January 2021.
Dated this 17 December 2020.
| ( Geoffrey Ma ) | |
| Chief Justice |