Part 14: Proceedings before the Appellate Division, the Court of Appeal, the Court of 3 Supreme Court Judges under the Legal Profession Act 1966 and appeals to the General Division under the Medical Registration Act 1997

116. Application of this Part

117. Whether an appeal to the Court of Appeal is to be heard by 5 or any greater uneven number of Judges

117A. Applications that may be made either to the General Division or an appellate Court

118. Appeals Information Sheet for civil appeals to the Appellate Division and the Court of Appeal

119. Page limits

120. Formatting requirements for written Cases and written submissions

121. Preparation of records of appeal, written Cases, written submissions and core bundles

  • Arrangement of appeal records

  • Pagination in soft copy

  • Table of contents

  • Spacing

  • Arrangement of the appellant’s and respondent’s core bundles of documents and the second core bundle

  • Contents page for appellant’s and respondent’s core bundles of documents and the second core bundle

  • Contents of the appellant’s and respondent’s core bundles of documents and the second core bundle

  • Responsibility for good order and completeness of appeal records

  • Superfluous, irrelevant or duplicative documents

  • Preparation of Cases and written submissions

122. Filing of appeal records and provision of hard and soft copies of documents

  • Appeals under Order 18 of the Rules of Court 2021

  • Appeals under Order 19 of the Rules of Court 2021

  • Appeals under the Medical Registration Act 1997

  • Applications under sections 36U(1), 82A(10) and 98(1) of the Legal Profession Act 1966

  • Naming convention for documents in the CD-ROM and labelling of the CD-ROM

123. Inclusion in appeal bundles of documents ordered to be sealed or redacted

  • Inclusion of redacted documents in appeal bundles

  • Inclusion of sealed documents in appeal bundles

124. Further written submissions for civil matters before the Appellate Division and the Court of Appeal

125. Applications in civil matters before the Appellate Division and the Court of Appeal, proceedings before the Court of 3 Supreme Court Judges under the Legal Profession Act 1966 and appeals to the General Division under the Medical Registration Act 1997

126. Applications to the Appellate Division, and applications to the Court of Appeal, for permission to appeal in civil matters

127. Use of presentation slides for all proceedings before the Appellate Division, Court of Appeal and Court of 3 Supreme Court Judges under the Legal Profession Act 1966 and appeals to the General Division under the Medical Registration Act 1997

  • Typeface

  • Colours

  • Animation and sounds

  • Corporate logos

128. Lapse or cancellation of Grant of Aid under the Legal Aid and Advice Act 1995 and the Legal Aid and Advice Regulations

129. Request for waiver or deferment of Court fees

116. Application of this Part

The directions in this Part apply to all appeals, applications and other proceedings before:

(a) the Court of Appeal;

(b) the Appellate Division;

(c) the Court of 3 Supreme Court Judges under the Legal Profession Act 1966; and

(d) the General Division under section 55 of the Medical Registration Act 1997.

117. Whether an appeal to the Court of Appeal is to be heard by 5 or any greater uneven number of Judges

Pursuant to section 50(1) of the Supreme Court of Judicature Act 1969, the Court of Appeal may determine, as and when appropriate, whether to convene a panel of 5 or any greater uneven number of Judges. Such determination of the Court of Appeal will be final.

117A. Applications that may be made either to the General Division or an appellate Court

(1) Where an application may be made either to the General Division or to an appellate Court (being the Appellate Division or the Court of Appeal), and the application is first made to the General Division pursuant to section 39 or 57 of the Supreme Court of Judicature Act 1969:

(a) if the application is refused by the General Division, and the applicant still wishes to obtain the relief sought in the refused application, the applicant should make an application to the appellate Court for the same relief, instead of filing an appeal to the appellate Court; and

(b) in any event, any party who wishes to vary or discharge any direction or order made by the General Division on the application should likewise make an application to the appellate Court to vary or discharge that direction or order, instead of filing an appeal to the appellate Court.

(2) Except as provided in sub-paragraph (1), any party who is dissatisfied with a decision of the General Division may file an appeal to the appellate Court against that decision in accordance with the relevant provisions of the Supreme Court of Judicature Act 1969 and the applicable rules of civil procedure.

118. Appeals Information Sheet for civil appeals to the Appellate Division and the Court of Appeal

(1) The Chief Justice has directed that for civil appeals to the Appellate Division and civil appeals to the Court of Appeal, parties must file in court and serve on every other party to the appeal or his or her solicitor an Appeals Information Sheet in Form B19 of Appendix B of these Practice Directions by the following times:

(a) for appeals under Order 19 of the Rules of Court 2021 – at the same time as when parties’ respective Cases under Order 19, Rule 30 of the Rules of Court 2021 are filed and served; and

(b) for appeals under Order 18 of the Rules of Court 2021 – at the same time as when parties’ written submissions under Order 18, Rule 33 of the Rules of Court 2021 are filed and served.

(2) Where appropriate, parties or their solicitors may be required to attend in person to take directions on the conduct of the appeal.

119. Page limits

(1) The following table sets out the prescribed page limits for various documents filed under the Rules of Court 2021 in civil proceedings before the Appellate Division and the Court of Appeal:

S/N

Document

Prescribed page limit

Documents filed for appeals under Order 18 and Order 19 of the Rules of Court 2021

(a)

Written submissions required to be filed for appeals to the Appellate Division and the Court of Appeal under Order 18 of the Rules of Court 2021

35 pages

(b)

The appellant’s Case required to be filed in appeals to the Appellate Division and the Court of Appeal under Order 19 of the Rules of Court 2021

55 pages

(c)

The appellant’s core bundle of documents required to be filed in appeals to the Appellate Division and the Court of Appeal under Order 19 of the Rules of Court 2021

55 pages (excluding the written judgment or grounds of decision of the lower Court and the extracted order of the lower Court)

(d)

The respondent’s Case required to be filed in appeals to the Appellate Division and the Court of Appeal under Order 19 of the Rules of Court 2021

55 pages

(e)

The respondent’s core bundle of documents that may be filed in appeals to the Appellate Division and the Court of Appeal under Order 19 of the Rules of Court 2021

35 pages

(f)

The appellant’s Reply that may be filed in appeals to the Appellate Division and the Court of Appeal under Order 19 of the Rules of Court 2021

25 pages

(g)

The second core bundle that may be filed in appeals to the Appellate Division and the Court of Appeal under Order 19 of the Rules of Court 2021

25 pages

Documents filed for applications under Order 18 and Order 19 of the Rules of Court 2021

(h)

Written submissions filed for applications to the Appellate Division and the Court of Appeal under Order 18 and Order 19 of the Rules of Court 2021 (excluding applications for permission to appeal)

35 pages

(i)

Written submissions filed for applications to the Appellate Division and the Court of Appeal for permission to appeal under Order 18 and Order 19 of the Rules of Court 2021

15 pages

(j)

Bundle of documents filed for applications to the Appellate Division and the Court of Appeal for permission to appeal under Order 18 and Order 19 of the Rules of Court 2021

25 pages

(2) The following table sets out the prescribed page limits for various documents filed (a) under the Rules of Court 2021 for proceedings before the General Division under the Medical Registration Act 1997; and (b) under the Legal Profession (Proceedings before Court of 3 Supreme Court Judges) Rules 2022 for proceedings before the Court of 3 Supreme Court Judges under the Legal Profession Act 1966:

S/N

Document

Prescribed page limit

Documents filed for proceedings before the General Division under section 55 of the Medical Registration Act 1997

(a)

Written submissions that are required to be filed for appeals to the General Division under the Medical Registration Act 1997

55 pages

(b)

Written submissions that are required to be filed for applications in respect of appeals to the General Division under the Medical Registration Act 1997

35 pages

Documents filed for proceedings before the Court of 3 Supreme Court Judges under the Legal Profession Act 1966

(c)

Written submissions that are required to be filed for Originating Applications under sections 36U(1) and 98(1) of the Legal Profession Act 1966 and for a summons under section 82A(10) of the Legal Profession Act 1966

55 pages

(d)

Written submissions that are required to be filed for Originating Applications under section 49(4) and 102(2) of the Legal Profession Act 1966

35 pages

(e)

Written submissions that are required to be filed for any other application made to the Court of 3 Supreme Court Judges

35 pages

(3) The cover page(s) and the table of contents are to be included in the page count for the purposes of determining whether a document is within the prescribed page limit as set out in sub-paragraphs (1) and (2).

(4) Cover page(s) are mandatory for all documents. A table of contents is mandatory for all documents for which the prescribed page limit is 20 pages or higher.

(5) If any party wishes to seek permission from the relevant Court in accordance with the Rules of Court 2021 or the Legal Profession (Proceedings before Court of 3 Supreme Court Judges) Rules 2022 (as the case may be) to exceed the page limits prescribed under sub-paragraphs (1) and (2), the party must file a Request in the Electronic Filing Service stating the reasons for requiring additional pages, the number of additional pages required and the position of the other parties on the request. Parties are to note the fees that are payable under the Rules of Court 2021 or the Legal Profession (Proceedings before Court of 3 Supreme Court Judges) Rules 2022 (as the case may be) for the filing of documents exceeding the prescribed page limit.

(6) An application for permission under sub-paragraph (5) must be filed by the deadlines as set out in the following table:

S/N

Document

Deadline for filing an application for permission under sub-paragraph (5)

Documents filed for appeals under Order 18 and Order 19 of the Rules of Court 2021

(a)

In relation to the following documents:

(i) written submissions required to be filed for appeals to the Appellate Division and the Court of Appeal under Order 18 of the Rules of Court 2021;

(ii) the appellant’s Reply that may be filed in appeals to the Appellate Division and the Court of Appeal under Order 19 of the Rules of Court 2021; and

(iii) the second core bundle that may be filed in appeals to the Appellate Division and the Court of Appeal under Order 19 of the Rules of Court 2021.

5 days before the filing deadline

(b)

In relation to the following documents:

(i) the appellant’s Case and the respondent’s Case that are required to be filed in appeals to the Appellate Division and the Court of Appeal under Order 19 of the Rules of Court 2021; and

(ii) the appellant’s core bundle of documents and the respondent’s core bundle of documents that are required to be filed in appeals to the Appellate Division and the Court of Appeal under Order 19 of the Rules of Court 2021.

14 days before the filing deadline

Documents filed for applications under Order 18 and Order 19 of the Rules of Court 2021

(c)

In relation to the following documents:

(i) written submissions filed for applications to the Appellate Division and the Court of Appeal under Order 18 and Order 19 of the Rules of Court 2021 (including applications for permission to appeal); and

(ii) bundle of documents filed for applications to the Appellate Division and the Court of Appeal for permission to appeal under Order 18 and Order 19 of the Rules of Court 2021.

5 days before the filing deadline

Documents filed for proceedings before the General Division under section 55 of the Medical Registration Act 1997

(d)

Written submissions that are required to be filed for appeals to the General Division under the Medical Registration Act 1997

14 days before the filing deadline

(e)

Written submissions that are required to be filed for applications in respect of appeals to the General Division under the Medical Registration Act 1997

5 days before the filing deadline

Documents filed for proceedings before the Court of 3 Supreme Court Judges under the Legal Profession Act 1966

(f)

Written submissions that are required to be filed for Originating Applications under sections 36U(1) and 98(1) of the Legal Profession Act 1966 and for a summons under section 82A(10) of the Legal Profession Act 1966

14 days before the filing deadline

(g)

Written submissions that are required to be filed for Originating Applications under section 49(4) and 102(2) of the Legal Profession Act 1966

5 days before the filing deadline

(h)

Written submissions that are required to be filed for any other application made to the Court of 3 Supreme Court Judges

5 days before the filing deadline

(7) An application for permission under sub-paragraph (5) that is filed outside of the prescribed deadlines (as set out at sub-paragraph (6)) may be rejected.

120. Formatting requirements for written Cases and written submissions

(1) The formatting requirements set out in this paragraph apply to the following documents:

(a) written submissions filed for appeals to the Appellate Division and the Court of Appeal under Order 18 of the Rules of Court 2021;

(b) the appellant’s Case, the respondent’s Case and the appellant’s Reply filed in appeals to the Appellate Division and the Court of Appeal under Order 19 of the Rules of Court 2021;

(c) written submissions filed for applications to the Appellate Division and the Court of Appeal under Order 18 and Order 19 of the Rules of Court 2021 (including written submissions filed for applications for permission to appeal);

(d) written submissions filed for proceedings before the General Division under section 55 of the Medical Registration Act 1997;

(e) written submissions filed for proceedings before the Court of 3 Supreme Court Judges under the Legal Profession Act 1966; and

(f) further written submissions filed under paragraph 124 of these Practice Directions.

(2) The formatting requirements for the documents listed at sub-paragraph (1) are as follows:

(a) the cover page(s), which are mandatory, must be included at the beginning of the document;

(b) if a table of contents is mandatory under paragraph 119(4) of these Practice Directions, the table of contents must be included at the beginning of the document immediately after the cover page(s);

(c) all pages must be paginated, with the page numbers corresponding to the Portable Document Format (PDF) version of the document;

(d) the minimum font size to be used is Times New Roman 12 or its equivalent;

(e) the print of every page must be double-spaced; and

(f) every page must have a margin on all 4 sides, each of at least 35 mm in width.

121. Preparation of records of appeal, written Cases, written submissions and core bundles

Arrangement of appeal records

(1) This sub-paragraph sets out the manner of arranging appeal records.

(a) To facilitate cross-referencing, the record of appeal must be arranged in the following separate volumes:

(i) Volume I – A certified copy of the judgment or grounds of decision of the lower Court and the extracted order of the lower Court.

(ii) Volume II – Notice of appeal, certificate of security for costs and pleadings (to include all originating processes).

(iii) Volume III – Affidavits (in chronological order), and transcripts or notes of evidence and arguments.

(iv) Volume IV – All such exhibits and documents as they were tendered in the lower Court, but which did not form an exhibit to any affidavit.

(v) Volume V – The Agreed Bundle (if any) in its original physical form as it was tendered in the lower Court.

(b) Where there are no exhibits or documents referred to in sub-paragraph (1)(a)(iv) above, Volume IV need not be produced, and Volume V must be renumbered as Volume IV.

(c) To facilitate cross-referencing, any supplemental record of appeal must be arranged in the following manner in 1 volume:

(i) the notice of appeal to the Court of Appeal;

(ii) the certificate of payment of security for costs in respect of the appeal to the Court of Appeal;

(iii) the written judgment or grounds of decision of the Appellate Division or, if there is no judgment or grounds of decision, the certified minute sheet of the Appellate Division;

(iv) the order granting permission to appeal to the Court of Appeal;

(v) parties’ Cases filed in the Appellate Division; and

(vi) all documents filed in the Appellate Division (so far as they are relevant to the matter decided and the nature of the appeal).

(d) If any volume should exceed 300 pages, then that volume must be sub-divided, at a convenient page, into sub-volumes designated as part thereof, for example, Volume III Part A, Volume III Part B and so on. Conversely, if any of the volumes (with the exception of Volumes I and II which must remain as separate volumes) should be less than 100 pages each, these may be amalgamated into combined volumes, each not exceeding 300 pages, and renumbered accordingly.

Pagination in soft copy

(2) This sub-paragraph sets out the manner of paginating soft copy appeal records.

(a) The first page of each volume must state the title and the Civil Appeal number of the appeal, the names of the parties, the volume number, a short description of its contents, the names and addresses of the appellants and respondents, and the date of filing.

(b) The page number of each volume of the appeal records must correspond to the page number in the Portable Document Format (PDF) version of that volume. Each separate volume of the appeal records must start at page 1, and every page must be numbered consecutively. If separator sheets are used, these must also be numbered.

Table of contents

(3) This sub-paragraph sets out the format of the table of contents for appeal records.

(a) The table of contents of all volumes of the records must be placed at the beginning of Volume I, immediately after the first title page in the manner and form set out in Form B20 of Appendix B of these Practice Directions.

(b) Each volume and, if any, parts thereof, must also contain its own table of contents listing the documents contained in the volume.

(c) Items in the table of contents page must be numbered serially, and listed in the order in which they are found in the records.

(d) The items relating to the transcripts or notes of the evidence of witnesses must have a sub-table of contents page of the evidence of each witness, and the number and name of each witness must be shown in such sub-table.

(e) If an exhibit consists of a bundle of documents, then the documents in the bundle must be listed in a sub-table of contents under the item relating to such bundle.

(f) Electronic bookmarks for each item of the table of contents and sub-table of contents must be added to each volume of the Portable Document Format (PDF) version of the appeal records. The description of each bookmark must correspond with the description of that item in the table of contents or sub-table of contents, unless an abbreviated description is appropriate.

Spacing

(4) The line spacing on every page of the records of which the original is type-written (for example, any pleadings) must be double-spaced.

Arrangement of the appellant’s and respondent’s core bundles of documents and the second core bundle

(5) The documents to be included in the appellant’s and respondent’s core bundles of documents and the second core bundle are stipulated in Order 19, Rule 3 of the Rules of Court 2021. The contents of the appellant’s core bundle of documents must be arranged in the following separate volumes:

(a) Volume A – A certified copy of the judgment or grounds of decision of the lower Court, the extracted order of the lower Court, and a contents page listing the documents included therein.

(b) Volume B – All other documents referred to in Order 19, Rule 3 of the Rules of Court 2021 and a table of contents listing the documents included therein.

Each volume of the appellant’s and respondent’s core bundles of documents and the second core bundle must begin at page 1, every page must be numbered and the page number of the appellant’s and respondent’s core bundles of documents and the second core bundle must correspond to the page number of the Portable Document Format (PDF) version.

Contents page for appellant’s and respondent’s core bundles of documents and the second core bundle

(6) Any document listed in the contents page of the appellant’s and respondent’s core bundles of documents and the second core bundle must be suitably described in such a manner as to allow the Court to identify the nature of the document. Examples of suitable descriptions are set out below for reference:

(a) Joint Venture Agreement between Party A and Party B dated 1 December 2017;

(b) Minutes of meeting held on 1 December 2017 between Party A and Party B; and

(c) Email dated 1 December 2017 from Party A to Party B.

Parties should avoid the use of generic descriptions such as “extracts from the affidavit of Party A filed on 1 December 2017” or “exhibits from the affidavit of Party A filed on 1 December 2017”.

Contents of the appellant’s and respondent’s core bundles of documents and the second core bundle

(7) Parties must ensure that all documents which they refer to in their submissions (whether in their Cases or in the oral submissions) are contained in their core bundles or the second core bundle. As a matter of practice, parties should not be making submissions based on documents contained solely in the record of appeal or the supplemental record of appeal unless they are responding to questions from the coram.

Responsibility for good order and completeness of appeal records

(8) The solicitor having the conduct of the appeal may delegate the preparation of the appeal records to an assistant or a suitably experienced law clerk or secretary, provided always that the solicitor must personally satisfy himself or herself as to the good order and completeness of every copy of the appeal records lodged in Court in accordance with the above directions, and must personally bear responsibility for any errors or deficiencies.

Superfluous, irrelevant or duplicative documents

(9) With regard to the inclusion of documents, the attention of solicitors is drawn to the definitions of “record of appeal”, “core bundle of documents” and “second core bundle” in Order 19, Rule 3 of the Rules of Court 2021. Only documents which are relevant to the subject matter of the appeal must be included in the appeal records.

(10) Parties are reminded not to exhibit duplicate documents in their respondent’s core bundle of documents or the second core bundle if such documents are already included in a core bundle of documents that has been filed earlier. Documents must not appear more than once in the record of appeal, even if exhibited to different affidavits.

(11) The Appellate Division or the Court of Appeal (as the case may be) will have no hesitation in making a special order for costs in cases in which it is of the opinion that costs have been wasted by the inclusion of superfluous, irrelevant or duplicative documents.

Preparation of Cases and written submissions

(12) Any document referred to in written submissions filed in appeals to the Appellate Division and the Court of Appeal under Order 18 of the Rules of Court 2021 and in an appellant’s Case, respondent’s Case and the appellant’s Reply filed in appeals to the Appellate Division and the Court of Appeal under Order 19 of the Rules of Court 2021 must be suitably described in such a manner as to allow the Court to identify the nature of the document. The attention of parties is drawn to sub-paragraph (6) for illustrations of suitable descriptions.

(13) To assist the Court in identifying the documents referred to by a party in written submissions filed in appeals to the Appellate Division and the Court of Appeal under Order 18 of the Rules of Court 2021, the party should indicate, in the written submissions, where the document can be found in the case file in the proceedings in the lower Court. The party should provide: (a) a clear description of the document; (b) the date on which the document was electronically filed; and (c) where the document is a constituent component of another electronic filing, the exact page in the Portable Document Format (PDF) version of the electronic filing where the document may be found.

122. Filing of appeal records and provision of hard and soft copies of documents

(1) Subject to sub-paragraph (2), all documents that are required to be filed:

(a) under the Rules of Court 2021 for appeals and applications to the Appellate Division and the Court of Appeal;

(b) under the Rules of Court 2021 for appeals to the General Division under the Medical Registration Act 1997 (as well as for applications in respect of such appeals);

(c) under the Legal Profession (Proceedings before Court of 3 Supreme Court Judges) Rules 2022 for applications to the Court of 3 Supreme Court Judges under the Legal Profession Act 1966 (as well as for applications in respect of such applications);

are to be electronically filed by the relevant deadlines.

(2) The following documents need not be electronically filed:

(a) the record of appeal and the supplemental record of appeal that are required to be filed under Order 19 of the Rules of Court 2021; and

(b) all bundles of authorities that are required to be filed under Order 18 and Order 19 of the Rules of Court 2021 and the Legal Profession (Proceedings before Court of 3 Supreme Court Judges) Rules 2022.

(3) In lieu of electronically filing the record of appeal, the appellant is to electronically file, by the prescribed time set out in Order 19 of the Rules of Court 2021 for the filing of the record of appeal, one copy of the form of the record of appeal in Form B21 of Appendix B of these Practice Directions. In lieu of electronically filing the supplemental record of appeal, the appellant is to electronically file, by the prescribed time set out in Order 19 of the Rules of Court 2021 for the filing of the supplemental record of appeal, one copy of the form of the supplemental record of appeal in Form B22 of Appendix B of these Practice Directions.

(4) In lieu of electronically filing bundles of authorities, the party filing bundles of authorities is to electronically file, by the prescribed time set out in the Rules of Court 2021 and the Legal Profession (Proceedings before Court of 3 Supreme Court Judges) Rules 2022 for the filing of such bundles of authorities, one copy of a list of authorities (that corresponds to the index of the actual copy of the bundles of authorities). Parties are to also comply with specific requirements of this Part relating to submission of hard copies and soft copies of bundles of authorities for particular proceedings. Where there are no such specific requirements, parties are required to tender soft copies of the bundles of authorities in Portable Document Format (PDF) in a CD-ROM by the prescribed time for the filing of such bundles of authorities.

(5) If a party wishes to rely on a document which does not exist in the electronic case file, he must file the document together with the respective forms of appeal bundles. Further, a table of contents must be included for these documents. These documents must be paginated consecutively at the centre top of the page and the solicitor must ensure that the pagination takes into account the pages comprising the respective forms of appeal bundles and the table of contents for these additional documents. For example, if the form of the record of appeal is 5 pages and the table of contents for the additional documents is 2 pages, the first page of the first document should be paginated as page 8.

(6) In addition to the requirement for electronic filing (where a pplicable), parties are to comply with the directions contained in this paragraph for the provision of hard and soft copies to assist the Court unless otherwise directed.

Appeals under Order 18 of the Rules of Court 2021

(7) The appellant and the respondent are required to tender the following number of hard copies of the written submissions and bundles of authorities filed in appeals under Order 18 of the Rules of Court 2021 to the Registry by the prescribed time set out in Order 18 of the Rules of Court 2021 for the filing of such documents, unless otherwise directed by the Court:

(a) where an appeal is to be heard by 2 Judges – 3 hard copies;

(b) where an appeal is to be heard by 3 Judges – 4 hard copies; and

(c) where an appeal is to be heard by 5 Judges – 6 hard copies.

(8) In addition to tendering hard copies, the appellant and respondent are required to tender soft copies of the following documents in Portable Document Format (PDF) at the same time in a CD-ROM:

(a) written submissions; and

(b) bundles of authorities.

Appeals under Order 19 of the Rules of Court 2021

(9) The appellant and the respondent are required to tender the following number of hard copies of the appellant’s and respondent’s Cases, the appellant’s Reply (if any), bundles of authorities, the appellant’s core bundle of documents and the respondent’s core bundle of documents (if any), and the second core bundle (if any) to the Registry by the prescribed time set out in Order 19 of the Rules of Court 2021 for the filing of such documents, unless otherwise directed by the Court:

(a) where an appeal is to be heard by 2 Judges – 3 hard copies;

(b) where an appeal is to be heard by 3 Judges – 4 hard copies; and

(c) where an appeal is to be heard by 5 Judges – 6 hard copies.

(10) The directions set out in paragraph 102(6) and (11) apply in relation to the preparation of the appeal bundles in hard copy, which may be printed on one side or both sides of each page.

(11) In addition to tendering hard copies, the appellant and respondent are required to tender soft copies of the following documents in Portable Document Format (PDF) at the same time in a CD-ROM:

(a) appellant’s and respondent’s Cases;

(b) the appellant’s Reply;

(c) core bundles of documents and the second core bundle;

(d) record of appeal (or, in the case of a further appeal from the Appellate Division, the supplemental record of appeal); and

(e) bundles of authorities.

Appeals under the Medical Registration Act 1997

(12) In order to assist the General Division hearing appeals under the Medical Registration Act 1997, the appellant is required to tender 1 hard copy of the record of proceedings and 4 hard copies each of the appellant’s written submissions and bundles of authorities to the Registry by the prescribed time set out in Order 19 of the Rules of Court 2021 for the filing of such documents. The respondent is required to tender 4 hard copies each of the respondent’s written submissions and bundles of authorities to the Registry at the same time when filing them within the prescribed time under the Rules of Court 2021.

(13) In addition to tendering hard copies, the appellant and respondent are to tender soft copies of the following documents in Portable Document Format (PDF) at the same time in a CD-ROM:

(a) the record of proceedings;

(b) the respective written submissions; and

(c) the bundles of authorities

Applications under sections 36U(1), 82A(10) and 98(1) of the Legal Profession Act 1966

(14) In order to assist the Court of 3 Supreme Court Judges hearing originating applications under sections 36U(1), 82A(10) and 98(1) of the Legal Profession Act 1966, the applicant is required to tender 1 hard copy of the record of proceedings and 4 hard copies each of the applicant’s written submissions and bundles of authorities to the Registry by the prescribed time for the filing of such documents under the Legal Profession (Proceedings before Court of 3 Supreme Court Judges) Rules 2022. The respondent is required to tender 4 hard copies each of the respondent’s written submissions and bundles of authorities to the Registry by the prescribed time for the filing of such documents under the Legal Profession (Proceedings before Court of 3 Supreme Court Judges) Rules 2022.

(15) In addition to tendering hard copies, the applicant and respondent are to tender soft copies of the following documents in Portable Document Format (PDF) at the same time in a CD-ROM:

(a) the record of proceedings;

(b) the respective written submissions; and

(c) the bundles of authorities

Naming convention for documents in the CD-ROM and labelling of the CD-ROM

(16) The files in the CD-ROMs that are required to be tendered under this paragraph must be named in accordance with the following format:

<party> - <document title>

For example -

1st Appellant – Appellant’s Case

1st Appellant – Appellant’s Reply

1st Appellant – Bundle of Authorities Vol 1

1st Appellant – Bundle of Authorities Vol 2

1st Appellant – Record of Appeal Vol 1

1st Appellant – Record of Appeal Vol 2

(17) The CD-ROM must be clearly labelled with the case number and title of the proceedings. If there is more than one CD-ROM, the CD-ROMs must be numbered sequentially.

123. Inclusion in appeal bundles of documents ordered to be sealed or redacted

(1) This paragraph applies where certain documents tendered before the lower Court have been ordered to be sealed or redacted, unless the entire case file in the Appellate Division or the Court of Appeal (as the case may be) has been sealed from public inspection.

(2) Counsel should carefully consider whether it is necessary to include in the record of appeal (or, in the case of a further appeal from the Appellate Division, the supplemental record of appeal), the appellant’s core bundle of documents, the respondent’s core bundle of documents or the second core bundle (collectively known as “appeal bundles”) any document that has been ordered to be sealed or redacted, having regard to paragraph 121(9) of these Practice Directions.

Inclusion of redacted documents in appeal bundles

(3) Where it is necessary to include in the appeal bundles documents that have been ordered to be redacted, parties must do so by complying with the following directions:

(a) All documents subjected to a redaction order must not be included in the appeal bundles in their unredacted form. Instead, such documents should be included in the appeal bundles in their redacted form.

(b) In the margins against the redacted portions of the appeal bundles, the basis for the redaction must be stated (for example, “This information has been redacted pursuant to HC/ORC 100/2022 made on 4 April 2022”).

(c) The parties are required to prepare a separate bundle, consisting only of documents subjected to a redaction order. These documents must be included in this bundle in their unredacted form (the “Bundle of Documents Subjected to Redaction Order” or “BDSRO”). To avoid doubt, parties are not to include any information or documents which have been expunged from the Court’s records.

(d) The BDSRO must be tendered in both hard copies and soft copies. Where hard copies are concerned, parties must tender the number of copies as provided in paragraph 122(7) and (9) of these Practice Directions. Where soft copies are concerned, the BDSRO may be included in the CD-ROM mentioned in paragraph 122(8) and (11) of these Practice Directions and must be named in the format provided in paragraph 122(16) of these Practice Directions.

(e) The BDSRO must contain a table of contents. The format of the table of contents must comply with that provided in paragraph 121(3) of these Practice Directions.

(f) The pagination of the documents in the BDSRO must follow the pagination of the corresponding documents in the appeal bundles. Fresh pagination should not be assigned to the documents in the BDSRO.

(g) At the time when the parties tender and electronically file (where such electronic filing is required) the appeal bundles and the BDSRO, they must by way of a letter to the Registry: (i) inform the Registry that the BDSRO contains redacted information, (ii) specify the basis for the redaction; and (iii) request that the Registry seal the BDSRO in the electronic case file and keep the hard copies from public inspection. The letter is to be sent to the Registry both by way of hard copy and by way of electronic filing at the same time as when hard copies of the BDSRO are tendered.

(4) Solicitors are reminded of their responsibility under paragraph 121(8) to personally satisfy themselves as to the good order of the appeal records. At the time the appeal bundles and BDSRO are tendered, the solicitor having conduct of the appeal must electronically file an undertaking to the Court that he or she has satisfied himself or herself that the appeal bundles do not contain any document ordered to be redacted in its unredacted form. The undertaking must be in Form B23 of Appendix B of these Practice Directions.

Inclusion of sealed documents in appeal bundles

(5) Where it is necessary to include in the appeal bundles documents that have been ordered to be sealed, parties must do so by complying with the following directions:

(a) All documents subjected to a sealing order must not be included in the appeal bundles. Instead, each and every such document should be represented in the appeal bundles by a separate holding page.

(b) Each and every holding page should be blank save that: (i) the basis for the sealing must be stated across each holding page (for example, “The affidavit of Tan filed on 1 April 2022 has been sealed pursuant to HC/ORC 100/2022 made on 4 April 2022”); and (ii) the cross references required under sub-paragraph 5(f) must be indicated (for example, “Reference: BDSSO – Pages 1-10”).

(c) The parties are required to prepare a separate bundle, consisting only of documents subjected to a sealing order (the “Bundle of Documents Subjected to Sealing Order” or “BDSSO”).

(d) The BDSSO must be tendered both in hard copies and soft copies. Where hard copies are concerned, parties must tender the number of copies as is provided in paragraph 122(7) and (9) of these Practice Directions. Where soft copies are concerned, the BDSSO may be included in the CD-ROM mentioned in paragraph 122(8) and (11) of these Practice Directions and must be named in the format provided in paragraph 122(16) of these Practice Directions.

(e) The BDSSO must contain a table of contents. The format of the table of contents must comply with that provided in paragraph 121(3) of these Practice Directions.

(f) Given that each and every document subjected to a sealing order is represented only by a single holding page in the appeal bundles but is reproduced in full in the BDSSO, fresh pagination will have to be assigned to the pages in the BDSSO. Each holding page must contain cross references to the pages of the BDSSO that the holding page represents (for example, “Reference: BDSSO – Pages 1-10”).

(g) At the time when the parties tender and electronically file (where such electronic filing is required) the appeal bundles and the BDSSO, they must by way of a letter to the Registry: (i) inform the Registry that the BDSSO contains documents ordered to be sealed, (ii) specify the basis for the sealing; and (iii) request that the Registry seal the BDSSO in the electronic case file and keep the hard copies from public inspection. The letter is to be sent to the Registry both by way of hard copy and by way of electronic filing at the same time as when the hard copies of the BDSSO are tendered.

(6) Solicitors are reminded of their responsibility under paragraph 121(8) to personally satisfy themselves as to the good order of the appeal records. At the time the appeal bundles and the BDSSO are tendered, the solicitor having conduct of the appeal must electronically file an undertaking to the Court that he or she has satisfied himself or herself that the appeal bundles do not contain any document ordered to be sealed. The undertaking must be in Form B23 of Appendix B of these Practice Directions.

(7) To avoid doubt, documents that have been ordered to be expunged should not in any event be tendered to the Appellate Division or the Court of Appeal in any form.

124. Further written submissions for civil matters before the Appellate Division and the Court of Appeal

Where the Appellate Division or the Court of Appeal (as the case may be) orders further written submissions to be filed for any civil matter, such written submissions must not exceed 10 pages unless otherwise directed by the Appellate Division or the Court of Appeal (as the case may be). Any written submissions filed in breach of any requirement in this paragraph may be rejected. The written submissions are to comply with all formatting requirements prescribed in paragraph 120(2) of these Practice Directions.

125. Applications in civil matters before the Appellate Division and the Court of Appeal, proceedings before the Court of 3 Supreme Court Judges under the Legal Profession Act 1966 and appeals to the General Division under the Medical Registration Act 1997

(1) If no affidavits or submissions are filed for applications to the Appellate Division or the Court of Appeal by the timelines prescribed by Order 18, Rules 35 and 37 and Order 19, Rules 35 and 37 of the Rules of Court 2021, the Appellate Division or the Court of Appeal (as the case may be) will proceed on the basis that the party does not intend to file any affidavit or submissions and may, in accordance with section 37(1) or section 55(1) of the Supreme Court of Judicature Act 1969 (as the case may be), decide the matter based on the documents before it without hearing oral arguments.

(2) If no affidavits or submissions are filed for applications made in respect of appeals to the General Division under the Medical Registration Act 1997 by the relevant prescribed timelines, the General Division will proceed on the basis that the party does not intend to file any affidavit or submissions and may, in accordance with section 17B(1) of the Supreme Court of Judicature Act 1969 decide the matter based on the documents before it without hearing oral arguments.

(3) In relation to applications referred to under section 192 of the Legal Profession Act 1966, if no affidavits or submission are filed by the relevant prescribed timelines, the Court of 3 Supreme Court Judges will proceed on the basis that the party does not intend to file any affidavit or submissions and may, in accordance with section 192 of the Legal Profession Act 1966 decide the matter based on the documents before it without hearing oral arguments.

126. Applications to the Appellate Division, and applications to the Court of Appeal, for permission to appeal in civil matters

(1) Any written submissions in respect of:

(a) an application to the Appellate Division under Order 18, Rule 29 or Order 19, Rule 26 of the Rules of Court 2021 for permission to appeal against a decision of the General Division; and

(b) an application to the Court of Appeal under Order 18, Rule 29 or Order 19, Rule 26 of the Rules of Court 2021 for permission to appeal against a decision of the General Division;

must be in Form B24 or B25 of Appendix B of these Practice Directions.

(2) Any written submissions in respect of an application to the Court of Appeal under Order 18, Rule 29 or Order 19, Rule 26 of the Rules of Court 2021 for permission to appeal against a decision of the Appellate Division must:

(a) where permission to appeal under section 47(1) of the Supreme Court of Judicature Act 1969 is required, be in Form B26 or B27 of Appendix B of these Practice Directions; or

(b) in any other case, be in Form B24 or B25 of Appendix B of these Practice Directions with the necessary modifications to the title of the form.

(3) The written submissions mentioned in sub-paragraphs (1) and (2) must comply with the prescribed page limits as set out in the Rules of Court 2021 and the formatting requirements as set out in paragraph 120 of these Practice Directions.

(4) If no written submissions are filed in the Appellate Division or the Court of Appeal by the timelines prescribed by Order 18, Rule 29 or Order 19, Rule 26 of the Rules of Court 2021 (as the case may be), the Appellate Division or the Court of Appeal (as the case may be) will proceed on the basis that the party does not intend to file any written submissions and may, in accordance with section 37(1) or section 55(1) of the Supreme Court of Judicature Act 1969 (as the case may be), decide the matter based on the documents before it without hearing oral arguments.

127. Use of presentation slides for all proceedings before the Appellate Division, Court of Appeal and Court of 3 Supreme Court Judges under the Legal Profession Act 1966 and appeals to the General Division under the Medical Registration Act 1997

Subject to approval by the Court, parties may utilise presentation slides to assist in oral submissions before the Court. Presentation slides may be projected in the courtroom or hearing chambers when oral submissions are made. Presentation slides must comply with the following standards:

Typeface

(1) A clear typeface such as Arial or Times New Roman must be used; care should be taken to ensure that the font used is of at least a size equivalent to Arial font size 32. Bold and italicised fonts should be used sparingly.

Colours

(2) There must be sufficient contrast between the slide background and text: it is preferable to use black or dark fonts with a light background. The colours used in slide backgrounds should be muted and preferably monochromatic.

Animation and sounds

(3) Animation of slides or elements within a slide should be avoided; similarly, sounds should not be incorporated in the presentation slides unless they are necessary.

Corporate logos

(4) Corporate logos of the law practice may be displayed on the presentation slides. Care should be taken to ensure that the size and location of corporate logos do not distract from the substance of the presentation slides.

128. Lapse or cancellation of Grant of Aid under the Legal Aid and Advice Act 1995 and the Legal Aid and Advice Regulations

(1) Where a Grant of Aid lapses or is cancelled in the course of any proceedings in the Appellate Division or the Court of Appeal, counsel must promptly notify the Appellate Division or the Court of Appeal (as the case may be) of the lapse or the cancellation in writing. This is given that questions may arise from the lapse or the cancellation of a Grant of Aid as to whether security for costs would need to be furnished to enable the proceedings in the Appellate Division or the Court of Appeal (as the case may be) to continue to be pursued.

(2) To avoid doubt, “Grant of Aid” in sub-paragraph (1) means a document issued under section 8 of the Legal Aid and Advice Act 1995 stating that legal aid is granted to a person (whether on a provisional basis or otherwise).

129. Request for waiver or deferment of Court fees

For the purposes of proceedings referred to in Parts 13 and 14 of these Practice Directions, a request for the waiver or deferment of the whole or any part of any appeal Court fees under Order 25, Rule 3(1) of the Rules of Court 2021 must be supported by an affidavit in Form B28 of Appendix B of these Practice Directions. The affidavit in Form B28 must verify Form B29 of Appendix B of these Practice Directions.

PreviousPart 13: Civil Appeals before the General DivisionNextPart 15: Assessment of Costs Matters and Costs

Last updated