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Part XI: Appeals and Hearings Before Court of 3 Judges

81. Application of this Part

(1) The directions in this Part shall, subject to sub-paragraph (2) below, mutatis mutandis, apply to appeals before the High Court, hearings before the Court of Appeal and disciplinary proceedings (or appeals therefrom) brought under any statute, including the Legal Profession Act and the Medical Registration Act which are heard by a Court of 3 Judges.

(2) Where disciplinary proceedings (or appeals therefrom) brought under any statute, including the Legal Profession Act and the Medical Registration Act, are heard by a Court of 3 Judges, 1 hard copy each of the parties’ written submissions, the record of proceedings, the originating summons and all affidavits filed in the originating summons shall be tendered.

82. Requests for further arguments before the Judge or Registrar

(1) All requests for further arguments shall be made by way of Request filed through the Electronic Filing Service and should, either in the Request electronic form or a document attached thereto:

(2) A copy of the request should be furnished to all parties concerned.

(3) All requests should be addressed to the Registrar.

83. Civil appeals before the High Court from the State Courts

Appeals under Order 55D of the Rules of Court

(1) In appeals under Order 55D of the Rules of Court, the appellant and the respondent are to tender one hard copy of the record of appeal and the Cases, as well as any bundle of authorities to be relied upon to the Legal Registry of the Supreme Court not less than 5 working days before the hearing of the appeal, to assist the Judge of the High Court.

Appeals from the Family Court

(2) Directions for appeals from the Family Court on ancillary matters in divorce proceedings, custody matters or proceedings pursuant to s 17A(2) of the Supreme Court of Judicature Act are set out at paragraph 142.

Appeals from the Employment Claims Tribunal

(3) In addition to any provisions in the Rules of Court or other written law, and subject to any further directions made by the Court, the Registrar hereby directs that appeals to the High Court from the Employment Claims Tribunal shall be heard in open Court.

84. Civil appeals before the High Court from tribunal or person under Order 55 of the Rules of Court

(1) Order 55, Rule 6(4) of the Rules of Court states that it is the appellant’s duty to apply to the Judge or other person presiding at the proceedings in which the decision appealed against was given, for the signed copy of any note made by him of the proceedings and to furnish that copy for the use of the Court. For the avoidance of doubt, the onus is on the appellant to file a record of proceedings, comprising the signed copy of the notes of proceedings, and any further grounds of decision, in the High Court.

(2) The appellant and the respondent are to tender one hard copy of the notes of proceedings, grounds of decision and any skeletal arguments or bundles of authorities to be relied upon to the Legal Registry of the Supreme Court not less than 5 working days before the hearing of the appeal, to assist the Judge of the High Court.

(3) No affidavits shall be filed in respect of the appeal without the leave of court.

85. Whether an appeal to the Court of Appeal is to be heard by a 2 or 3 Judge Court of Appeal

(1) The time for an appellant to file the record of appeal, the Case and the core bundle of documents for hearing before a Court of Appeal is 2 months from the service of the notice referred to in Order 57, Rule 5(2) of the Rules of Court where the appeal is to be heard by a 3 judge Court, and one month where the appeal is to be heard by a 2 judge Court.

(2) To resolve any confusion or uncertainty as to whether an appeal is to be heard by a 2 or 3 Judge Court of Appeal, this issue will be determined by the Judge who heard the matter at first instance.

(3) The Judge at first instance will inform the Legal Registry of the Supreme Court of his decision on the above matter, and the Legal Registry will inform the appellant in the notice prescribed under Order 57, Rule 5(2) of the time for filing of the record of appeal, the Appellant’s Case and the core bundle of documents, in accordance with whether the matter will be heard by a 2 or 3 Judge Court of Appeal.

(4) If the Judge at first instance does not determine the issue of whether the appeal should be heard before a 2 or 3 Judge Court of Appeal, or if the appellant should dispute the determination of the Judge of first instance, the matter will be referred to a Judge of Appeal whose determination is final. An appellant who wishes to dispute the determination of the Judge of first instance must, within 7 days of the service of the notice prescribed under Order 57, Rule 5(2) inform the Legal Registry by filing a Request

85A. Whether an appeal to the Court of Appeal is to be heard by 5 or any greater uneven number of Judges

Pursuant to section 30(1) of the Supreme Court of Judicature Act (Cap. 322) and notwithstanding any determination that may be made under paragraph 85(2) or (4) of these Practice Directions, 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.

85B. Leave of the Court of Appeal to receive further affidavits in relation to an application to strike out a notice of appeal

(1) Under Order 57, Rule 16, a respondent may make an application to strike out a notice of appeal within the time frame provided in the Rule. The leave of the Court of Appeal to receive any further affidavit pursuant to Order 57, Rule 16(13), may be sought by way of correspondence to the Court of Appeal, or an appointment before a Judge of Appeal in a case management conference.

86. Quantum of security to be provided under Order 57, Rule 3(3) of the Rules of Court

(1) Order 57, Rule 3(3) of the Rules of Court provides:

(2) The Honourable the Chief Justice has, in exercise of the powers conferred on him by Order 57, Rule 3(3), fixed the sum to be provided by the appellant by way of security for the respondent’s costs of an appeal to the Court of Appeal at $15,000 for appeals against interlocutory orders and $20,000 for all other appeals.

86A. Appeals Information Sheet for civil appeals to the Court of Appeal

(1) The Chief Justice has directed that for civil appeals to the Court of Appeal, parties shall file in court and serve on every other party to the appeal or his solicitor an Appeals Information Sheet in Form 27 of Appendix A to these Practice Directions at the same time as their respective Cases under Order 57, Rules 9 and 9A of the Rules of Court 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.

87. Filing of records of appeal, core bundles and written Cases for civil appeals under Order 57, Rules 9 and 9A of the Rules of Court

(1) Under Order 57, Rule 9(1) of the Rules of Court, the appellant is required to file the record of appeal, the Appellant’s Case and the core bundle. Under Order 57, Rule 9A(2), the respondent has to file the Respondent’s Case and the supplemental core bundle (if any). Under Order 57, Rule 9A(5A), the appellant may file an Appellant’s Reply. The record of appeal, core bundle and supplemental core bundle are collectively referred to in this paragraph as “appeal bundles”.

(2) For the purpose of complying with Order 57, Rules 9 and 9A, the parties are required to file the following documents using the Electronic Filing Service in accordance with the specified time frames in Order 57, Rules 9(1), 9A(2) and 9A(5A).

(3) The form of the record of appeal, form of core bundle and form of supplemental core bundle (collectively referred to in this paragraph as “forms of appeal bundles”) filed pursuant to sub-paragraph (2) must be in accordance with Forms 12, 13 and 14 of Appendix A of these Practice Directions. For the avoidance of doubt, the documents contained in the hard copies of the appeal bundles must coincide with the documents listed in the form of the appeal bundles.

(4) The attention of parties is also drawn to the Court fees payable under Order 90B read with Appendix B of the Rules of Court, and the importance of brevity and restraint in the compilation of core bundles.

(4A) The Chief Justice has further directed that the Appellant’s Case and the Respondent’s Case in civil matters before the Court of Appeal shall not exceed 50 pages unless leave of the Court of Appeal is obtained. The Appellant’s Reply, if any, shall not exceed 30 pages unless leave of the Court of Appeal is obtained. The process for obtaining leave of the Court of Appeal may be found in paragraph 87A of these Practice Directions. Any Appellant’s Case, Respondent’s Case, and Appellant’s Reply in breach of this requirement will be rejected. The cover page and backing page shall be excluded from any computation of the number of pages. Parties are reminded to comply with Order 57, Rule 9A of the Rules of Court in respect of the preparation of their Cases, and the Appellant’s Reply, as well as the following requirements:

(4B) Parties are to take note of the following when preparing their Cases:

(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 core bundle 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) When the core bundles and supplemental core bundles are tendered at the Legal Registry of the Supreme Court pursuant to paragraph 88(1), the Legal Registry staff will state on the top right hand corner of the bundle the exact amount of Court fees payable under Order 90B. The parties should then pay the Court fees as indicated.

87A. Request for leave to exceed page limit for Appellant’s Case, Respondent’s Case and Appellant’s Reply for civil appeals to the Court of Appeal

(1) Parties shall apply for leave of the Court of Appeal to exceed the page limit for the Appellant’s Case, the Respondent’s Case or the Appellant’s Reply by filing a Request in the Electronic Filing Service stating the reasons for requiring additional pages and the number of additional pages required.

(2) The application for leave to exceed the page limit for the Appellant’s Case or the Respondent’s Case shall be filed at least 14 days before the date the Appellant’s Case or the Respondent’s Case, as the case may be, is due to be filed. The application for leave to exceed the page limit for the Appellant’s Reply shall be filed at least 7 days before the date the Appellant’s Reply is due to be filed. Applications filed out of time will be rejected.

87B. Request for waiver or deferment of court fees

A request for the waiver or deferment of the whole or any part of any appeal court fees under Order 91, Rule 5 of the Rules of Court must be supported by an affidavit in Form 14A of Appendix A of these Practice Directions. The affidavit in Form 14A must verify Form 14B of Appendix A of these Practice Directions.

88. Hard copies and soft copies for hearing of civil appeals before the Court of Appeal under Order 57 of the Rules of Court

(1) In order to assist the Judges of the Court of Appeal, the appellant and the respondent are required to tender hard copies of the Appellant’s and Respondent’s Cases, the Appellant’s Reply (if any), core bundles of documents and supplemental core bundles of documents (if any) to the Legal Registry of the Supreme Court at the same time when filing them within the prescribed time under Order 57, Rule 9A of the Rules of Court. The following directions must be complied with:

(2) The directions set out in paragraph 89 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.

(3) In addition to the 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:

(4) The files in the CD-ROM should be named in accordance with the following format:

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

89. Preparation of appeal records in civil appeals to the Court of Appeal

Arrangement

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

Pagination in soft copy

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

Table of contents

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

Spacing

(4) The line spacing on every page of the records of which the original is typed-written (for example, notice of appeal) shall be double-spaced.

Core bundles – Order 57, Rule 9(2A)

(5) The documents to be included in the core bundle are stipulated in Order 57, Rule 9(2A). The contents of the core bundle shall be arranged in the following separate volumes:

Each volume of the core bundle shall begin at page 1, every page shall be numbered and the page number of the core bundle shall correspond to the page number of the PDF version.

Index of core bundles and supplemental core bundles

(5A) The indexes of the core bundle and supplemental core bundle shall correspond with the indexes of documents found in the form of core bundle and form of supplemental core bundle filed under paragraph 87(2) of these Practice Directions. Any document listed in the indexes should 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:

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”.

Responsibility for good order and completeness of appeal records

(6) 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 shall personally satisfy himself as to the good order and completeness of every copy of the appeal records lodged in Court in accordance with the above directions, and shall personally bear responsibility for any errors or deficiencies.

Superfluous, irrelevant or duplicative documents

(7) With regard to the inclusion of documents, the solicitor’s attention is drawn to the provisions of Order 57, Rules 9(2), (2A) and (3) as well as Order 57, Rules 9A(2A) and (5C). Only documents which are relevant to the subject matter of the appeal, or, in the case of core bundles and supplemental core bundles, will be referred to in the Cases, shall be included in the appeal records.

(8) Parties are reminded not to exhibit duplicate documents in their supplemental core bundle if such documents are already included in a core bundle or supplemental core bundle that has been filed earlier. Documents shall not appear more than once in the records, even if exhibited to different affidavits.

(9) The Court of Appeal 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.

89A. Bundle of documents filed with leave of the Court of Appeal

(1) Where leave is granted by the Court of Appeal for the filing of any bundle of documents under Order 57, Rule 9A(23), the party shall file the bundle of documents by tendering the requisite hard copies of the bundle of documents to the Legal Registry of the Supreme Court in accordance with paragraph 88(1) of these Practice Directions.

(2) In addition to hard copies, the party filing the bundle of documents is required to tender soft copies of the bundle of documents in Portable Document Format (PDF) at the same time in a CD-ROM in accordance with paragraphs 88(4) and (5) of these Practice Directions.

(3) When the bundle of documents is tendered at the Legal Registry of the Supreme Court pursuant to this paragraph, the Legal Registry staff will state on the top right hand corner of the bundle the exact amount of Court fees payable under Order 90B. The parties should then pay the Court fees as indicated.

(4) The directions set out in paragraph 89 of these Practice Directions in relation to the preparation of the bundles shall, with the necessary modifications, apply to the bundle of documents.

89B. Inclusion in appeal bundles of documents ordered to be sealed or redacted

(1) This paragraph applies only where certain documents tendered before the court below have been ordered to be sealed or redacted.

(2) Counsel should carefully consider whether it is necessary to include in the record of appeal, core bundle or supplemental core bundle (collectively known as “appeal bundles”) any document that has been ordered to be sealed or redacted, having regard to paragraph 89(7) 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 should do so by complying with the following directions:

(4) Solicitors are reminded of their responsibility under paragraph 89(6) 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 shall provide an undertaking to the Court that he has satisfied himself that the appeal bundles do not contain any document ordered to be redacted in its unredacted form. The undertaking shall be in Form 30 of Appendix A to 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 should do so by complying with the following directions:

(6) Solicitors are reminded of their responsibility under paragraph 89(6) 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 shall provide an undertaking to the Court that he has satisfied himself that the appeal bundles do not contain any document ordered to be sealed. The undertaking shall be in Form 30 of Appendix A to these Practice Directions.

(7) For the avoidance of doubt, documents that have been ordered to be expunged should not in any event be tendered to the Court of Appeal in any form.

90. Skeletal arguments for appeals before the High Court, Court of Appeal and Court of 3 Judges

(1) For the avoidance of doubt, this paragraph applies to:

(2) The term “skeletal arguments” includes “skeletal submissions”, “written submissions”, “written arguments” and all other variant terms by which such documents are known.

(3) Counsel should submit skeletal arguments for the hearing of the appeal or matter and give a copy to counsel for the other parties. Hard copies of skeletal arguments may be printed on one side or both sides of each page.

(4) Skeletal arguments are abbreviated notes of the arguments that will be presented. Skeletal arguments are not formal documents and do not bind parties. They are a valuable tool to the Judges and are meant to expedite the hearing of the appeal. These notes should comply with the following requirements:

Skeletal arguments for civil matters before the Court of Appeal

(5) The need for parties to avoid prolixity in their “skeletal arguments” is emphasised. All skeletal arguments in civil matters before the Court of Appeal shall not exceed 20 pages. Any skeletal arguments in breach of this requirement will be rejected. The cover page and backing page shall be excluded from any computation of the number of pages.

(6) Where the appeal or matter is before the Court of Appeal, the skeletal arguments must be filed by 4 p.m. on the Monday three weeks before the week of the Court of Appeal sitting (e.g., the skeletal arguments for the Court of Appeal sitting in the week of 8 April 2013 must be filed by 4 p.m. on 18 March 2013). The skeletal arguments should be filed by tendering 4 hard copies to the Legal Registry of the Supreme Court and filing one soft copy through the Electronic Filing Service. Skeletal arguments filed in breach of this timeline will be rejected. For the avoidance of doubt, this timeline applies regardless of the actual day on which the particular appeal is scheduled for hearing before the Court of Appeal.

(7) As with other non-compliance with timelines, costs may be imposed against the party in default or his counsel personally in the event of non-compliance with sub-paragraph (6) above. Unless approval for late filing has been granted, the party in default may not file or tender these skeletal arguments in Court.

(8) Parties whose skeletal arguments have been rejected for filing may re-file their skeletal arguments, provided they comply with sub-paragraphs (4) to (7) above.

Further skeletal arguments for civil and criminal matters before the Court of Appeal

(8A) Where the Court of Appeal orders further skeletal arguments (including any submissions on costs) to be filed for any civil or criminal matter, such skeletal arguments shall not exceed 10 pages unless otherwise directed by the Court of Appeal. Any skeletal arguments filed in breach of this requirement will be rejected. The cover page and backing page shall be excluded from any computation of the number of pages.

Timelines for submission of skeletal arguments for appeal before the High Court

(9) Where the appeal is a civil appeal before the High Court, the skeletal arguments should be sent to the Legal Registry at least 2 working days before the hearing of the appeal.

(10) Where the appeal is a criminal appeal before the High Court, the skeletal arguments should be sent to the Legal Registry at least 10 days before the hearing of the appeal. Skeletal arguments filed in breach of this timeline will be stamped “Late Submission”.

Application of this paragraph to Court of 3 Judges

(11) Sub-paragraphs (1) to (8A) also apply to disciplinary proceedings, or appeals therefrom, brought under any statute, including the Legal Profession Act (Cap. 161) and the Medical Registration Act (Cap. 174) which are heard by a Court of 3 Judges.

90A. Applications before the Court of Appeal

(1) Unless otherwise provided by any written law or otherwise directed, reply affidavits (if any) for applications before the Court of Appeal are to be filed and served within 7 days from the date the application and the affidavit in support of the application (if any) are served on the party.

(2) No further affidavits shall be filed without the leave of the Court of Appeal.

(3) Unless otherwise provided by any written law or unless otherwise directed, parties are to file and serve submissions (if any) in respect of the application before the Court of Appeal within 7 days from the date the reply affidavit is due for filing and service.

(4) The submissions should comply with the following requirements:

(5) If no affidavits or submissions are filed by the timelines prescribed by this paragraph, the Court of Appeal will proceed on the basis that the party does not intend to file any affidavit or submissions and may decide the matter based on the documents before it without hearing oral arguments.

91. Use of presentation slides for all proceedings before the High Court, Court of Appeal and Court of 3 Judges

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 shall comply with the following standards:

Typeface

(1) A clear typeface such as Arial or Times New Roman should 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 should 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.

92. Further arguments before the Court of Appeal

(1) From time to time, requests are received for further arguments to be presented before the Court of Appeal after the conclusion of the hearing of the appeal. Such requests should not be made as all relevant arguments should have been presented at the hearing proper.

(2) The Honourable the Chief Justice has therefore directed that as a general rule, unless asked for by the Court of Appeal itself, the Court of Appeal will not receive further arguments after the conclusion of the hearing of the appeal.

(3) The general rule will be relaxed in only very exceptional circumstances, e.g., if an authority not available at the hearing would be decisive. Counsel seeking to submit further arguments should therefore satisfy themselves that very exceptional circumstances exist. If they are of the view that such circumstances do exist, they must also seek the consent of the other parties to their request.

(4) All requests for further arguments shall be made by filing a Request through the Electronic Filing Service and should:

(5) Any request for further arguments must be received by the Registrar within one week after the conclusion of the hearing of the appeal, failing which it cannot be considered and will be rejected.

(6) A copy of the request should be furnished to all parties concerned.

(7) All requests should be addressed to the Registrar.