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64.1 (1) This Part deals with any appeal to the Court of Appeal not being

an appeal or application to the court for which other provision is

made by these Rules nor appeals by way of case stated on a

question of law for determination by the court.

(Part 60 deals with appeals to the High Court, Part 62 deals with

applications to the High Court under enactments and Part 61 deals

with appeals by way of case stated)

(2) In this part -

"appellant" means the party who first files a notice of appeal; and

"court" means the Court of Appeal; and

"court below" means the court or tribunal from which the

appeal is brought; and

"procedural appeal" means an appeal from a decision of a

master or judge which does not directly decide the

substantive issues in a claim excludes -

(a) any such decision made during the course of the trial or final

hearing of the proceedings;

(b) an order granting any relief made at an application for

judicial review (including an application for leave to make the application) or under section 14(1) of the Constitution under Part 56; and

(c) the following orders under Part 17 -

(i) an interim injunction or declaration;

(ii) a freezing injunction;

(iii) an order to deliver up goods; and

(iii) any order made before proceedings are

commenced or against a non-party.

(d) an order for committal or confiscation of assets under

Part 53

"respondent" means any party to the appeal other than the

appellant whether or not the respondent files a counter-notice.

How to obtain leave to appeal

64.2 (1) Where an appeal may be made only with the leave of the judge

making the order or the court a party wishing to appeal must

apply for leave within 14 days of the order against which leave

to appeal is sought.

(2) The application for leave to appeal must set out concisely the

grounds of the appeal.

(Section 38(2) of the Supreme Court of Judicature Act, Chap 4.01 sets

out the circumstances in which leave is required, Part 11 of these Rules

deals with applications.)

How to appeal

64.3 An appeal is made by filing a notice of appeal at -

(a) the court office in Tobago where the appeal is from proceedings

there; or

(b) the court office in Port of Spain in all other cases

and is deemed to have been made on the day that it is received at the court office.

Contents of notice of appeal

64.4 (1) The notice of appeal must -

(a) set out the decision which is being appealed identifying so far as practicable-

(i) any finding of fact; and

(ii) any finding of law,

which the appellant seeks to challenge;

(b) set out the grounds of the appeal;

(c) state what order the appellant is seeking; and

(d) indicate any power which the appellant wishes the court

to exercise.

(2) a copy of the judgment or order which is the subject of the appeal

must wherever practicable be attached to the notice of appeal.

(3) Where leave to appeal is required a copy of the order giving

leave to appeal must be attached to the notice of appeal.

(4) The notice of appeal must -

(a) be signed by the appellant or his attorney;

(b) give an address for service within three miles of the

court office at Port of Spain or Tobago as the case may be;

(c) state the names and addresses and the attorneys and their

addresses for service of all parties affected by the appeal,

including the appellant.

(5) The grounds of appeal under paragraph (1)(b) must -

(a) set out concisely; and

(b) under distinct heads; and

(c) in consecutively numbered paragraphs,

the grounds on which the appellant relies without any argument

or narrative.

(6) The court may, with or without an application, strike out any

ground which -

(a) is vague and general in terms; or

(b) which discloses no reasonable ground of appeal.

(7) The appellant may, except on a procedural appeal, amend his

grounds of appeal once without permission at any time before 28 days have expired from -

(a) receiving notice under rule 64.8(b) and (c) that a

transcript of the evidence and judgment have been

prepared; or

(b) the date of any hearing under rule 64.11.

(8) The appellant may not rely on any ground not mentioned in his

notice of appeal without the permission of the court.

(9) However -

(a) the court is not confined to the grounds set out in the

notice of appeal, but

(b) must not make its decision on any ground not set out in

the notice of appeal unless the respondent has had

sufficient opportunity to contest such ground.

Time for filing notice of appeal

64.5 The notice of appeal must be filed at the court office -

(a) in the case of a procedural appeal, within 7 days of the date the decision appealed against was made; or

(b) in the case of any other appeal, within 42 days of the date when the judgment was delivered or the order made.

(c) where leave is required, within 14 days of the date when such leave was granted.

Service of notice of appeal

64.6 (1) A copy of the notice of appeal must be served forthwith-

(a) on all parties to the proceedings; and

(b) on any other person if the court so directs.

(2) Where leave to appeal is required a copy of the order giving

leave must be served with the copy notice of appeal.

(Part 6 deals with service.)

Counter-notice

64.7 (1) Any party upon whom a notice of appeal is served may file a

counter-notice.

(2) The counter-notice must comply with rule 64.4.

(3) The counter-notice must be filed within 14 days of

service of the notice of appeal.

(4) The party filing a counter-notice must serve a copy on -

(a) all other parties to the proceedings; and

(b) any other person if the court directs.

Action by court on receipt of notice of appeal

64.8 Upon the notice of appeal being filed, the court office must forthwith -

(a) if the appeal is a procedural appeal, appoint a date time

and place for the appeal and give notice to all parties; or

(b) if any other appeal is from the High Court, arrange for the court below to prepare a transcript or other record of the notes of evidence and of the judge's reasons for giving the judgment and when these are prepared forthwith give notice to all parties that copies of the transcript or other record are available on payment of the prescribed fee; or

(c) if the appeal is from a magistrates court or a tribunal ,apply to the

clerk or other officer of the court or tribunal for -

(i) a certified copy of the record of the proceedings; and

(ii) a certified copy of the notes of the evidence given; and

(iii) a statement of the judgment, of the reasons for the

decision and of any finding on any question of law under

appeal, and

forthwith upon receipt give notice to all parties that copies of

the record and other documents are available on payment of the

prescribed fee.

Procedural appeal

64.9 (1) The court may not hear a procedural appeal from a decision

made in the course of the trial or final hearing of the proceedings.

(2) The general rule is that a procedural appeal is to be heard by

two judges of the court.

(3) The hearing of the appeal is to take place in chambers.

(4) The hearing must take place not more than 14 days after the

notice of appeal was filed.

(5) The judges may exercise any power of the court whether

or not any party other than the appellant has filed or served a

counter-notice.

(6) The decision and the reasons for it must be given orally.

(7) The judges may, however, direct that the appeal be heard by the

court.

(8) Such an order may only be made where the judges consider that

the decision may be of general importance and affect persons

other than the parties to the particular appeal.

Expedited Appeals

64.10 (1) Any party to an appeal may apply for the appeal to be expedited.

(2) On hearing the application the court may give such directions as

are appropriate and in particular may direct that any part of rules

64.12 or 64.13 are not to apply or substitute different time limits for

any time limits provided by those rules.

Delay in providing notes of evidence etc.

64.11 (1) If the court office does not serve notice under rule 64.8 (b) or (c)

within three months of the date the notice of appeal was filed,

the appellant (and, where there is a counter notice, the

respondent serving such counter notice) must apply to the court

for directions as to the manner in which the evidence given in

the court below and the judge's reasons for giving the judgment

or making the order may be brought before the court.

(2) On giving such directions the court must specify the dates on

which -

(a) the appellant is to file the bundles (or core bundles)

under rule 64.11; and

(b) the appellant is to file his skeleton argument under rule

64.12; and

(c) the listing questionnaire under rule 64.14 must be sent

by the court office to the parties.

Record of Appeal

64.12 (1) This rule and rules 64.13 and 64.14 apply to all appeals

other than procedural appeals.

(2) Within 28 days of receipt of the notice under rule 64.8 that the

transcript or other record is available or within such time as may

be directed on an application made under rule 64.11, the

appellant must file with the court office three (or in the case of

an appeal that may be heard by two judges of the Court of Appeal, two) bundles of documents comprising a copy of each of the following documents in the order set out below, bound and properly paginated -

(a) the notice of appeal and any counter-notices that have

been served on the appellant;

(b) the judgment or order appealed;

(c) the claim form;

(d) all statements of case;

(e) any written admissions or requests for information and

replies;

(f) all expert reports contained in the bundle of documents

before the court below which are relevant to any

questions in issue on the appeal;

(g) such affidavits, exhibits or parts of exhibits which were

in evidence in the court below and are relevant to any

question at issue on the appeal which were put in

evidence before the court below;

(h) such parts of the bundle of documents under rule 40.1(2)

as are relevant to any question at issue on the appeal.

(i) any agreed statement of the applicable science or law

filed in accordance with a directions under rule 39.5(2)(b)(vi) or(vii);

(j) such parts of the transcript, judge's notes or other record of the evidence given in the court below as are relevant to any question at issue on the appeal;

(k) such parts of the transcript or other record of the judge's reasons for giving the judgment or making the order of the court below as are relevant to any question at issue on the appeal or, in the absence of such a note or record, the judge's note of his reasons or, if the note is not available, the attorney's note of the judge's reasons, approved if possible by the judge; and

(l) where appropriate, the judge's notes of any submissions made as are relevant to any question at issue on the appeal; and

(m) any legal aid certificates.

(3) If the bundle under paragraph (2) consists of 100 pages or

more the appellant must instead -

(a) file one copy of the bundle under paragraph (2); and

(b) file three (or two as the case may be) core bundles, that is to say, a bundle comprising only such documents which the court will need to pre-read or to which it will be necessary to refer repeatedly at the appeal,

such bundle must be properly bound and paginated.

(4) The core bundle must include copies of the notice of appeal, any

respondent's notice and the judgment or order appealed against.

(5) The appellant must serve one copy of the bundle under

paragraph (2) and (where relevant) one copy of the bundle under

paragraph (3) on all respondents to the appeal.

Enforcement of time limits

64.13 (1) Subject to any directions given under rule 64.10, if -

(a) no notice is given under rule 64.8 and the appellant or

any respondent who has served a counter notice under

rule 64.7 fails to make an application under rule 64.11; or

(b) the appellant fails to file the bundles of documents (or

core bundle where appropriate) as required by rule 64.12; or

(c) any party to the appeal fails to serve his skeleton argument as required by rule 64.13,

within the time limits specified by the relevant rule or any

extension permitted by the court then -

(i) any other party to the appeal may apply for the notice of

appeal or counter-notice as the case may be to be struck out; or

(ii) the court may with or without an application by any

party to the appeal direct that notice be served on the

appellant and on any respondent who has served a

counter notice to show cause why the notice of appeal or

counter notice should not be struck out.

Listing of appeal for hearing

64.14 Subject to any directions given under rule 64.10, within 60 days after the filing of the record or on such date as is directed on an application made under rule 64.11, the court office must serve on all parties to the appeal a listing questionnaire and rules 27.10 and 27.11 apply as if references to "trial" were references to "hearing of the appeal.

Applications to the Court of Appeal

64.15 (1) Any application to the court must be made in accordance with

Part 11 and must be heard in the first instance by a single judge.

(2) The single judge may adjourn any application to be heard by

the court .

Non-disclosure of payment into court, etc.,

64.16 (1) Where -

(a) any question on an appeal in a claim for debt, damages or salvage relates to liability for the debt, damages or salvage or to the amount thereof; and

(b) an offer of settlement was made under Part 36 or payment into court in support of such an offer was made under Part 37 in the proceedings in the court below before judgment, neither the fact of the offer or payment nor the amount thereof must be stated in any notice of appeal or counter-notice or be communicated to the court until all such questions have been decided.

This rule does not apply in the case of an appeal as to costs only or an

appeal in a claim to which rule 36.5(4) applies.

(2) For the purpose of complying with this rule the appellant must cause

to be omitted from the copies of the documents lodged by him every

part which states that money was paid into court or an offer to settle

was made in the proceedings in that court before judgment.

Stay of execution

64.17 Except so far as the court below or the court or a single judge may

otherwise direct -

(a) an appeal does not operate as a stay of execution or of proceedings

under the decision of the court below; and

(b) no intermediate act or proceeding is invalidated by an appeal.

General powers of the Court

64.18 (1) In relation to an appeal the court has all the powers and duties of the

High Court.

(2) The court may receive further evidence on questions of fact,

either by oral examination in court, by affidavit, or by

deposition taken before an examiner, but, in the case of an

appeal from a judgment after trial or hearing of any cause or

matter on the merits, no such further evidence (other than

evidence as to matters which have occurred after the date of

the trial or hearing) may be admitted except on special

grounds.

Powers of a single judge

64.19 (1) A single judge may make orders for -

(a) the giving of security for any costs occasioned by

an appeal; and

(b) a stay of execution on any judgment or order against

which an appeal has been made pending the

determination of the appeal; and

(c) an injunction restraining any party from disposing of or

parting with the possession of the subject matter of an

appeal pending the determination of the appeal,

and may hear and determine any procedural application in the

course of an appeal.

(2) Any order made by a single judge may be varied or discharged

by the court.

Security for the costs of an appeal

64.20 (1) No application for security may be made unless the applicant

has made a prior written demand for such security.

(2) On making an order for security for costs the court must order

that the appeal stand dismissed with costs if the security is not provided in the amount, in the manner and by the time ordered.

(3) Any costs to be paid under paragraph (2) must be assessed by

the court.

Failure of a party to attend the appeal

64.21 (1) If neither party appears at the appeal the court may strike out

the appeal and any cross-appeal.

(2) If only one party appears the court may proceed in the

absence of the other.

Application to set aside decision made in party's absence

64.22 (1) A party who was not present at an appeal at which a decision was

made or the appeal struck out in his absence may apply to set aside

that order.

(2) The application must be made within 7 days after the date on which

the order was served on the applicant.

(3) The application to set aside the order must be supported by

evidence showing -

(a) a good reason for failing to attend the hearing; and

(b) that it is likely that had the applicant attended some other

decision might have been made.

Adjournment of appeal

64.23 (1) The court may adjourn an appeal on such terms as it thinks just.

(2) The court may only adjourn an appeal to a date and time fixed

by the court office.

Appeals from the Registrar of Trade Unions

64.24 (1) An appeal by a person aggrieved by a refusal of the Registrar of

Trade Unions (in this rule referred to as the "registrar") to register a combination as a trade union or by the withdrawal or cancellation of a certificate of registration must be made by application setting out the general grounds of appeal.

(2) The appellant must file the application within 8 days of the decision

or order complained of.

(3) The appellant must file his affidavit and serve a copy of the application and the affidavit in support on the registrar at least 14 days before the date of hearing as stated in the application.

(4) The court or a single judge may -

(a) allow the application to be amended; and

(b) direct or permit a departure from the rules set out in this Part,

where it appears just so to do.

(6) Any time limits may be extended by the consent in writing of the

appellant and the registrar.

(7) All orders made by the court must be served by the court office on the

appellant and the registrar.