APPENDIX 7: APPEALS [PART 64]

LEAVE REQUIREDParty files an application for leave to appeal to the court of appeal within 14 days of the order against which the party is seeking leave to appeal [Rule 64.2].[See also, section 38(2), Supreme Court of Judicature Act, Chap 4:01]

PROCEDURAL APPEALSNotice of Appeal: This is filed within 7 days of the date the decision appealed against was made [Rule 64.5 (a)].

OTHER APPEALSNotice of Appeal: This is filed within 42 days of the date the decision appealed against was made [Rule 64.5 (b)].

THE APPLICANT FILES A NOTICE OF APPEAL [Rule 64.3]Notice: To be filed within 14 days [Rule 64.5 (c)], in Tobago or Port of Spain. [Rule 64.3].Contents of the Notice: Rule 64.4 (1), (4) and (5)Attachments to the Notice: Copies of the judgment or order being appealed [Rule 64.4 (2)] and of the order granting leave [Rule 64.4 (3)].

A COPY OF THE NOTICE OF APPEAL IS SERVED ON ALL PARTIES AND ANY OTHER PERSON THE COURT SEES FIT [Rule 64.6]Documents to be served: Copies of the notice of appeal and the order granting leave to appeal.

COUNTER NOTICE [Rule 64.7]To be filed within 14 days and served forthwith.

PARTY APPLIES FOR AN EXPEDITED APPEAL[Rule 64.10]

MAGISTERIAL, PETTY CIVIL AND TRIBUNAL APPEALS

NOTICE OF APPEAL FILEDThe Court Office applies to the clerk or officer for the relevant documents [Rule 64.8 (c)]

COURT GIVES NOTICE TO PARTIES THAT THE RELEVANT DOCUMENTS ARE PREPARED AND ARE AVAILABLE [Rule 64.8]

RECORD OF APPEALAppellant files his record of appeal within 28 days of receipt of the notice under rule 64.8 or such other time as directed [Rule 64.12].

COURT OF APPEAL HEARS THE APPEALPowers of the Court: Rule 64.17

APPEAL HEARD AND DECISION GIVEN

PARTIES FAIL TO ATTEND HEARING [Rule 64.20]

COURT OFFICE FIXES NEW TIME AND DATE AND SERVES NOTICE OF SAME

COURT ADJOURNS THE HEARING [Rule 64.22]

APPLICATION MADE BY ABSENT PARTY APPLIES TO SET ASIDE ORDER [Rule 64.21]WITHIN 7 DAYS AFTER THE DATE ON WHICH THE ORDER WAS SERVEDThe Application: Rule 64.21 (3)

HIGH COURT: SUBSTANTIVE APPEALS

HIGH COURT PREPARES TRANSCRIPTS, NOTES OF EVIDENCE AND JUDGE’S REASONS [Rule 64.8 (b)]

COURT FAILS TO GIVE NOTICE TO PARTIES THAT THE RELEVANT DOCUMENTS ARE PREPARED AND ARE AVAILABLEWhere the Court Office fails to serve notice within 3 months of the date the notice of appeal was filed the appellant must apply to the Court for directions [Rule 64.11 (1)].

COURT GIVES DIRECTIONSThe Court specifies the dates to file bundles of documents in accordance with Rule 64.11 (2) (a) and the dates for parties to file and serve their skeleton arguments [Rule 64.11 (2) (b)].

HIGH COURT: PROCEDURAL APPEALS[Rule 64.9; Practice direction dated 24.7.06]

COURT OFFICE APPOINTS A DATE, TIME AND PLACE FOR THE APPEAL AND THE COURT GIVES NOTICE OF THE SAME TO ALL PARTIES [Rule 64.8 (a)]

APPEAL HEARD BY 2 JUDGES IN CHAMBERS [Rule 64.9 (2)]Time Frames: This must take place not more than 28 days after the notice of the appeal was filed.

COURT GIVES ORDERDecisions and Reasons to be given orally: Rule 64.9 (6)Other Options: Rule 64.9 (7) and (8)

COURT MAKES AN ORDER STRIKING OUT THE APPEAL/ CROSS-APPEAL [Rule 64.20 (1)]

COURT CONTINUES TO HEAR THE APPEAL IN ONE PARTY’S ABSENCE. [Rule 64.20 (2)]

COURT MAKES APPROPRIATE ORDER

ORDER SERVED ON ALL PARTIES