Filing an Application for Leave to Apppeal
The procedure to be followed when filing an application for leave to appeal is summarised below. When preparing your application, you should refer to the full content of Practice Direction SC 19 which sets out in detail the application for leave process and, where leave has been granted, the appeal process.
Form 1
- To file an application for leave to appeal in the Supreme Court Office, you must complete a Form No. 1.
- The completed form should be lodged in the Supreme Court Office within 21 days from the date of signing (known as 'perfecting') of the order sought to be appealed.
- A copy of the application for leave to appeal must be served on all parties directly affected by the application on the same day on which the application has been filed.
To file your application, please click the button below to book an appointment to attend the public counter.
Applications prepared by solicitors’ firms and law offices of state bodies may be filed online.
Respondent's Notice
- Each respondent must, within six weeks from perfecting of the order from which leave to appeal is sought or alternatively within 21 days of the filing of the application for leave, file in the Supreme Court Office and serve the respondent’s notice contained in Form 2.
Application for Leave Booklet
The applicant is required, within seven weeks from the perfecting of the order from which leave to appeal is sought, to file electronically and, if the Supreme Court e-filing system is not being used, file in the Office four hard copies of a booklet containing copies of the following documents:
- the notice of application for leave (form 1)
- the respondent’s notice if filed and served (form 2)
- an attested copy of the order from which leave to appeal is sought
- the approved judgment on foot of which that order was made
- an attested copy of any final order or orders of all other courts at lower instance in the proceedings
- any approved judgment or judgments of all other courts at lower instance in the proceedings
- a certificate of service, in the form set out in paragraph 3(3)(b) of Practice Direction SC 19, of the application for leave on all respondents served.
Please refer to Practice Direction SC 19 for the procedure to be followed where the Court has granted leave to appeal.
Form 21
- To file an application for leave to appeal in the Supreme Court Office, you must complete a Form No. 1.
- The completed form should be lodged in the Supreme Court Office within 21 days from the date of signing (known as 'perfecting') of the order sought to be appealed.
- A copy of the notice of application for appeal must be served on all parties directly affected by the application for leave to appeal on the same day on which the application has been filed.
To file your application, please make an appointment to attend the public counter. Applications prepared by solicitors’ firms and law offices of state bodies may be filed online.
Respondent's Notice
- Each respondent must, within six weeks from perfecting of the order from which leave to appeal is sought, file in the Supreme Court Office and serve the respondent’s notice contained in Form No. 2.
Application for Leave Booklet
The applicant is required, within seven weeks from the perfecting of the order from which leave to appeal is sought, to file electronically and, if the Supreme Court e-filing system is not being used, file in the Office four hard copies of a booklet containing copies of the following documents:
- the notice of application for leave (form 1)
- the respondent’s notice if filed and served (form 2)
- an attested copy of the order from which leave to appeal is sought
- the approved judgment on foot of which that order was made
- an attested copy of any final order or orders of all other courts at lower instance in the proceedings
- any approved judgment or judgments of all other courts at lower instance in the proceedings
- a certificate of service, in the form set out in paragraph 3(3)(b), of the application for leave on all respondents served.
The booklet should also contain each of the following materials where the item is relevant to any issue raised in the application for leave to appeal:
- a copy of an indictment
- the transcript of the opening speech of counsel for the prosecution
- where an appeal concerns a particular issue raised in the trial, the transcript of the evidence, submissions and ruling relevant to that issue
- a copy of any relevant exhibit
- the transcript of the closing speeches of counsel for the prosecution and defence; and
- the transcript of the judge’s charge to the jury insofar as it relates to the issue or, where the duration of the trial was three days or less, the entire transcript.
Please refer to Practice Direction SC 19 for the procedure to be followed where the Court has granted leave to appeal.