Table of contents
Overview
An appeal is not a fresh hearing of your case. The three judges have already read the papers from the High Court and the written submissions from both sides before the hearing. At the hearing itself, the parties make focused oral submissions by reference to those papers. This is why Court of Appeal hearings are usually shorter than High Court hearings.
The judges decide the appeal only on the materials that were before the High Court. New evidence is only allowed in special circumstances, and you must apply for permission at the Directions List, before the appeal hearing.
Unless there are special reasons, you will appear before the Court of Appeal three times: at the Directions List, at the Callover, and at the hearing itself. A motion is a separate application you may need to make before the appeal hearing — it is not an additional court appearance in every case.
1. Directions List
The Directions List takes place every Friday in Court 1 of the Court of Appeal. It is 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.
The respondent can only include documents that were already before 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 happen where the motion is for an extension of time to appeal and the application is opposed by the respondent.
3. Callover
The Callover takes place every Friday before the judge taking the Directions List, and covers cases listed for hearing in the following five to seven weeks. It is a check that the court’s directions have been complied with, the books of appeal have been lodged, and the case is ready to proceed as scheduled.
4. Hearing of the appeal
The court hears appeals every day during the legal term. Each appeal is heard by three judges, who have read the papers and submissions in advance. The parties then make oral submissions by reference to those papers.
At the end of the hearing, the judges will either deliver judgment the same day (an ex tempore judgment) or at a later date (a reserved judgment). The Court of Appeal Office will tell the parties when a reserved judgment will be delivered.
