When is the deadline for notice of appeal where the permission of the judicial committee is not required (leave granted below, or appeal as of right with final leave)?
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, as the case may be. 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, as the case may be
- 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.
- r 6(1) general extension/abridgement power. PD 4.11: a prospective extension cannot be sought; the application for an extension must be made as part of the notice of appeal in the portal, and is referred to the Registrar (PD 4.14). PD 4.12 applies the same interests-of-justice test as for permission applications. r 6(3): Registrar may extend pending determination of a public funding application. NEVER COMPUTE.
- CRITICAL as-of-right point: for an appeal as of right the clock runs from FINAL leave, not conditional leave. r 20(1) applies this rule "either because the court below has exercised its discretion to grant permission or because the appeal is an appeal as of right for which the court below has granted final leave to appeal". The steps required to convert conditional leave into final leave (typically security and preparation of the record within a locally prescribed period) are governed by the law of the originating jurisdiction, not by the JCPC Rules - PD 1.5(a): "The circumstances in which leave can be granted will depend on the law of the country or territory concerned." Where an appellant had an appeal as of right but the court below refused conditional and final leave, the route is an application to the Board for special leave (PD 4.4, PD 3.37). NOTE the trigger changed on 2 December 2024: 2009 r 18(2) ran from "the date of the order or decision of the court below or of the date of the order or decision of that court granting permission to appeal (if later)".