Each member of the Court shall maintain a list of cases heard by them and note therein the judge assigned to the task of writing the judgment.
At the conclusion of every appeal where judgment is reserved (or, if this proves not to be possible, as soon as practicable thereafter), the members of the Court shall meet in conference to:
Discuss the appeal in general.
Agree which member of the Court is to be tasked with preparing a draft judgment.
Set a tentative date by which it is hoped that a draft judgment will be circulated.
In respect of any judgment not delivered within a period of 2 calendar months from the date upon which the appeal was heard, the Registrar shall send an email to each member of the Court who heard the appeal to remind them that the judgment remains outstanding and shall send further reminders on a monthly basis until such time as the judgment is delivered. In the event of the Court having given an indicative date for judgment, the Registrar shall send the further reminder on the date so indicated and monthly thereafter until such time as judgment is delivered.
If, within 4 calendar months of the hearing date, a first draft of the judgment has not been circulated, it shall be the obligation of the senior member of the Court not charged with writing the judgment to approach the judge assigned to write the judgment for the purposes of seeking an indication as to when a draft might be expected. If an agreement cannot be reached that the outstanding judgment will be circulated within 2 calendar months, or some other period deemed reasonable by the other members of the Court, the matter should be referred to the President for his or her further management.
The Registrar shall, by email, notify the President on the date any judgment has been outstanding for 6 calendar months.
Following receipt of a draft judgment from the member of the Court designated to write any judgment, the other members of the Court shall respond to the author within two weeks, indicating whether they agree or disagree with the judgment and/or proposing any amendments or alterations to the judgment.
If, within the following two-week period, any member of the Court wishes to prepare their own judgment, they should do so within 2 calendar months, or such time as agreed with the other members of the Court.
On the date upon which judgment is delivered, a copy of that judgment shall be emailed by the Court Registrar to the High Court judge whose decision was the subject matter of the appeal.
This protocol will be adapted as necessary in urgent cases or where the Court is required to give priority to finalising appeals where a member of the Court is approaching retirement or is otherwise leaving the Court.
This document amends the Protocol adopted in Michaelmas 2023 and will be subject to review in Michaelmas 2025.
