Order 53E: Appeals under the European Communities (Lawyers’ Establishment Regulations 2003)^[1]

1.(1) In this Order:

“2003 Regulations” means the European Communities (Lawyers’ Establishment) Regulations 2003 (as amended).

(2) Other words and phrases shall, where applicable, have the meanings assigned to them in the 2003 Regulations.

2.(1) An appeal by a lawyer against a decision made by a competent authority under Regulation 6(3)(c) of the 2003 Regulations shall be brought by notice of motion, which motion shall, save where the Court gives leave for it to be brought later, be brought within a period of 42 days from the date upon which the decision is communicated in writing to the lawyer pursuant to Regulation 6(3)(c) of the 2003 Regulations.

(2) An appeal by a lawyer against a decision deemed to have been made by a competent authority under Regulation 6(3)(d) of the 2003 Regulations shall be brought by notice of motion, which motion shall, save where the Court gives leave for it to be brought later, be brought within a period of 42 days from the date upon which the competent authority is deemed to have rejected the lawyer’s application pursuant to Regulation 6(3)(d) of the 2003 Regulations.

3.(1) A notice of motion brought under rule 2 shall be served, as appropriate, on:

(a) the Honorary Secretary of the Bar Council, where the competent authority whose decision or deemed decision is appealed against is the Bar Council, or

(b) the Registrar of Solicitors where the competent authority whose decision or deemed decision is appealed against is the Law Society.

(2) The said notice of motion shall be entitled in the matter of the European Communities (Lawyers’ Establishment) Regulations 2003 and 2004 on the application of the lawyer bringing the appeal. The notice of motion shall state the relief sought; the name and place of residence or address for service of the lawyer seeking relief, and the date upon which it is proposed to apply to the Court for relief and shall be filed in the Central Office.

4. If it shall appear to the Court at any stage that any other person to whom notice has not been given ought to have had such notice, the Court may adjourn the hearing thereof in order that such notice may be given, upon such terms (if any) as the Court may think fit to impose.

5. Unless the Court gives leave to the contrary, there must be at least 10 clear days between the service of the notice and the day named therein for the hearing of the motion.

6.(1) Unless the Court otherwise directs, evidence at the hearing of a motion brought under rule 2 shall be given by affidavit.

(2) Any affidavit to be used in support of the motion shall be filed in the Central Office and a copy of any such affidavit shall be served with the notice. Any affidavit used in opposition to the application shall be filed in the Central Office by the respondent or any notice party within 21 days of the service of the applicant’s affidavit and the respondent or notice party, as the case may be, must within such period serve a copy of any such affidavit intended to be used by it on the applicant.