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When is the deadline for transitional (2009 rules): respondent's notice of objection to a permission application?

The catalogue records a 28 days period from service of the application for permission 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
28 days
Trigger
service of the application for permission to appeal
Counting
The encoded calculator method must be independently documented before publication.
Rollovers and holidays
Holiday, closure and order treatment must be independently documented before publication.

This route remains in preparation until a pinpoint official source is recorded.

  • 2009 r 5(1): Registrar may extend or shorten, including after expiry.
  • HALF the 28 days now allowed by 2024 r 15(1). Under 2009 r 13(2) the copy had to be served BEFORE the notice was filed - the reverse of the 2024 sequence (file, then serve within 7 days). Deemed service applied under 2009 r 6(3): a document served by first-class post or document exchange was taken to be served "on the second day after it was posted or left at the document exchange ... (not including days which are not business days)". That deeming provision has been deleted from the 2024 Rules. Corrected on verification: the period is 28 days, not 14. Paragraph 4 of the Schedule to the Judicial Committee (Appellate Jurisdiction) Rules (Amendment) Order 2013 (SI 2013/246), Schedule provides that 'Rule 13(1) (time limit for filing notice of objection by respondent) shall be amended by substituting "28 days" for "14 days"', in force 1 April 2013. Every matter capable of being preserved by JCPC Rules 2024, r 63 was commenced long after that date, so the amended text governs. The original entry also asserted that the 2009 period was 'HALF the 28 days now allowed by 2024 r 15(1)'; in fact the 2013 amendment had already aligned the two, and 2024 r 15(1) made no change to the length. 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.

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