Supreme Court opens rules consultation

The UKSC has opened a consultation on its rules from 2 April 2024 that runs to 17 May 2024.

The UKSC rules have remained the same since 2009, however the Court’s ways of working have moved on considerably since then, not least with the opening of the new case management system known as the portal, designed to deliver an end-to-end service to all Court users. This first went online in January 2024 and is expected to be rolled out to all users by the end of October 2024.

A draft of the new rules can be found on the UKSC website and the aim of the revisions made in the new Rules is four-fold. 

a. First the new Rules reflect the introduction later in 2024 of the case management portal through which parties to an appeal will interact with the Supreme Court Registry and with each other. 

b. Secondly, the new Rules reflect the current practice of the Supreme Court as set out in the Court’s Practice Directions. In particular, they incorporate changes which were prompted by Covid-19 restrictions but which have led to permanent changes in the Court’s practice. These include greater use of electronic documents rather than documents being produced and exchanged in hard copy. 

c. Thirdly, the new Rules address various other changes which are needed, partly to address issues that have arisen with the 2009 Rules over the years. 

d. Finally, the Rules set out the procedure for the assimilated EU case law references provided for in sections 6A, 6B and 6C of the European Union (Withdrawal) Act 2018. 

The main changes proposed are to rule 4 (The portal and portal parties) which is a new rule based on the new portal, rule 5 (forms - for for non-portal parties and is largely the old rule 4), rule 6 (time limits) in particular in relation to those seeking public funding, and rule 7 (filing). 

Posted on 04/03/2024 by Ortolan

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