Notice

Practice noteCourt of Appeal, Civil Divisionshort warned list and special fixures listThis practice note supplements paragraphs 15.7 to 15.9 of the practice...Practice noteCourt of Appeal, Civil Divisionshort warned list and special fixures listThis practice note supplements paragraphs 15.7 to 15.9 of the practice direction supporting part 52 of the Civil Procedure Rules.

It sets out the procedure to be adopted in relation to the short warned list and introduces a new sub-division of the civil appeals list, the special fixtures list.

The short warned listAs part of its case management functions the court will assign suitable appeals to the short warned list.

It will do so where it considers that an appeal can be mastered by an advocate with no previous knowledge of the case, on half a days notice, or such longer period as the court may direct, for the purpose of listing under paragraph 5.Where an appeal has been assigned to the short warned list the parties solicitors will be notified in writing by the Civil Appeals Office and the time for filing any outstanding bundles may be abridged.

It is the duty of solicitors to inform both their advocate and their client that the appeal has been assigned to the short warned list, as soon as such notification is received.

Any application for the appeal to be removed from the short warned list must be made in writing within 14 days of notification.

A supervising lord justice, or the master, will consider any such application, which will be granted only for the most compelling reasons.

Short warned list appeals to be placed on callFrom time to time, the civil appeals listing officer will place appeals from the short warned list, on call, from a given date, and the parties advocate will be informed accordingly.

An appeal which is on call may be listed for hearing on half a days notice, or such longer period as the court may direct, as and when gaps in the list occur.Where any partys advocate of first choice is not available a substitute advocate must be instructed immediately.

Para.15.9 of the practice direction provides that once an appeal is listed, under these arrangements, it becomes the immediate professional duty of the advocate instructed in the appeal, if he is unable to appear at the hearing, to take all practical measures to ensure that his lay client is represented at the hearing, by an advocate who is fully instructed and able to argue the appeal.

The special fixtures listThe special fixtures list will be created as a sub-division of the fixtures list and will be used to deal with cases that may require special listing arrangements, such as the need to list a number of cases before the same constitution, in a particular order, during a particular period or at a given location.Where cases are assigned to the special fixtures list the parties representatives, or the parties if acting in person, will be notified of the particular arrangements that will apply.

This notice will give details of the specific period during which a case is scheduled to be heard.

Directions may also be given, as necessary, in relation to the filing of any outstanding documents.The listing officer will notify the parties representatives of the precise hearing date as soon as practicable.

While every effort will be made to accommodate counsels availability, where such special arrangements are engaged, the requirements of the court will necessarily prevail.