Joint Committee on Statutory Instruments Twentieth Report


APPENDIX I

Memorandum by the Privy Council Office

JUDICIAL COMMITTEE (DEVOLUTION ISSUES) RULES ORDER 1999 (S.I. 1999/665)

  1. By letter dated 12th May and signed by its Commons Clerk, the Joint Committee on Statutory Instruments has asked for a memorandum explaining how rule 5.30(4) of the Judicial Committee (Devolution Issues) Rules 1999 is intended to apply to the case of an appellant in person.

  2. Rule 5.30(4) is designed to ensure, as far as possible, that each party's written Case is approved and authenticated by the person who will be arguing on behalf of that party before the Judicial Committee. Normally that will be counsel who has been instructed for the purpose. However, this may not always be practicable (e.g. if it is not known yet who will be arguing on behalf of the party in question) and the signature of counsel who appeared in the court below will also suffice.

  3. Where an appellant intends to argue in the Judicial Committee in person, then the combined effect of rules 1.2(3) and 5.30(4) is that the appellant himself or herself should sign the Case. If the appellant was represented by counsel in the court below it would also suffice if the Case for the Judicial Committee was signed by that counsel, but if he has not been instructed for the hearing in the Judicial Committee it is unlikely that he will be involved in the preparation of the appeal or reference to the Committee.

  4. If any practical problems arise, the Registrar can be asked to excuse compliance with the rules under rule 5.59(1).

13th May 1999


 
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