1. Directions List
The Directions List takes place every Friday in Court 1 of the Court of Appeal. It’s a short hearing before a single judge to set the date for the appeal and give instructions on other matters, including written submissions from both sides.
If the appellant is representing themselves (a Litigant in Person), the court may ask the respondent’s legal team to prepare the books of appeal. This helps reduce the workload for the person representing themselves.
However, the respondent can only include documents that were already shown to the High Court judge. They must also agree the contents of the books with the appellant before submitting them.
2. Motions
Motions are heard every Friday after the Directions List by one judge and a decision is usually given on the day. The judge may decide to refer a motion for hearing by three judges (a ‘full court’). This will always be the case where the motion concerned is for an extension of time to appeal where the application is opposed by the respondent.
3. Callover
The Callover, for cases listed for hearing in the following 5-7 weeks, takes place every Friday before the judge taking the Directions List. At the Callover, the judge will check that the directions of the court have been complied with, if the books of appeal have been lodged, and if the case is ready to proceed as scheduled.
4. Hearing of the Appeal
The court hears appeals every day during the court term. Each appeal is heard by three judges. They read the papers and submissions in advance of the hearing. The parties then make oral submissions to the court by reference to those papers and submissions.
At the conclusion of the hearing, the judges will either deliver judgment the same day (known as an ‘ex tempore’ judgment) or deliver judgment at a later date (known as a ‘reserved judgment’). The Court of Appeal Office will notify the parties in due course of the date the judges will deliver judgment if the judgment is reserved.
