When is the deadline for transitional (2009 rules): notice of appeal where permission of the judicial committee not required?
The catalogue records a 56 days period from the date of the order or decision of the court below granting permission or final leave to appeal. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 56 days
- Trigger
- the date of the order or decision of the court below granting permission or final leave to appeal
- Counting
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- Rollovers and holidays
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This route remains in preparation until a pinpoint official source is recorded.
- 2009 r 5(1)-(4); 2009 r 5(5) automatic public funding extension.
- TRIGGER DIFFERS FROM THE 2024 RULE. 2009 r 18(2) offers the LATER of the substantive order and the order granting permission; 2024 r 20(2) runs only from "the order or decision of the court below granting permission or final leave to appeal". Do not apply the 2024 trigger to a pre-2 December 2024 notice of appeal. Under 2009 r 18(4)(a) the notice had to be served on each respondent BEFORE it was filed. Corrected on verification: THE TRIGGER WAS WRONG AND RAN TOO LATE. Paragraph 5 of the Schedule to the Judicial Committee (Appellate Jurisdiction) Rules (Amendment) Order 2013 (SI 2013/246), Schedule substituted a wholly new r 18(2): 'The notice of appeal together with the requisite number of copies must be filed within 56 days of the date of the order or decision of the court below granting permission or final leave to appeal.' The 'or of the date of the order or decision of that court granting permission to appeal (if later)' limb, on which the original entry relied, was repealed with effect from 1 April 2013. The explanatory note to SI 2013/246 states that the amendment 'makes it clear that a notice of appeal is to be filed within 56 days of the date of the Order granting final leave to appeal following the decision in E. Anthony Ross v. Bank of Commerce (Saint Kitts Nevis) Trust and Savings Association Limited [2010] UKPC 26'. The original entry's warning that the 2009 trigger 'DIFFERS FROM THE 2024 RULE' was reversed: as amended, 2009 r 18(2) and 2024 r 20(2) impose the same trigger. Encoding the repealed 'if later' limb would have started the 56 days from a later date than the law allows and produced a filing date out of time. ENGINEERING TRAP: legislation.gov.uk serves the Schedule to SI 2009/224 only in its 'as made' form and does not display the 2013 amendments, so the unamended text reads as if it were current. The amending text must be read from SI 2013/246 itself.