Separate notices of appeal are not required for appeals against orders made in the same proceedings at the same trial or hearing. ‘There are three notices of appeal before us. Mr Hawes challenges three separate rulings of the judge during the course of the hearing. The fact that it was thought necessary to file three separate notices of appeal seemed curious. Counsel for Mr Hawes explained that the conventional view is that separate notices of appeal are required whenever separate orders are made at the same trial of one action. The understanding is apparently that if there are several rulings on, for example, objections to the admissibility of evidence which result in multiple orders there must be a separate notice of appeal in respect of each order. That view of the requirements of the rules is supported by a note in The Supreme Court Practice, 1993, Volume 1, at paragraph 59/1/1, which appears at page 910 of that volume. It read as follows: ‘Where two or more orders have been made by the court or tribunal below then separate notices of appeal will be required in respect of each order.’ Such a requirement seems unnecessary and wasteful. There is nothing in the wording of the rule which demands such a practice, and the rules ought to be construed in order to promote economical disposal of cases. There seems no good reason why this procedure should continue. I would hope that the ever vigilant editors of The Supreme Court Practice will find it possible to amend the note in a further supplement in order to make it clear that in respect orders made in one action at one hearing it is only necessary to file one notice of appeal.’
Judges:
Steyn LJ
Citations:
Times 20-May-1993
Jurisdiction:
England and Wales
Cited by:
Distinguished – Dixon v Allgood CA 14-Apr-1999
A party wishing to apply for leave to appeal against orders made on separate preliminary hearings within the same action need not issue one application for each order, but can combine them into one application. In this case the issues were related . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 08 April 2022; Ref: scu.81283