The Supreme Court Rules 2009

Procedural decisions

9.—(1) Subject to paragraph , the powers of the Court under the following rules may be exercised by a single Justice or the Registrar without an oral hearing—

(a) rule 5 (time limits),

(b) rule 8 (non-compliance with Rules),

(c) rule 33 (change of interest),

(d) rule 34 (withdrawal of appeal),

(e) rule 35 (advocate to the Court and assessors),

(f) rule 36 (security for costs),

(g) rule 37 (stay of execution) and

(h) rule 41 (devolution jurisdiction).

(2) Any contested application—

(a) alleging contempt of the Court; or

(b) for a direction under rule 8 dismissing an appeal or debarring a respondent from resisting an appeal; or

(c) for security for costs,

shall be referred to a panel of Justices who shall, in a case of alleged contempt, and may, in any other case, hold an oral hearing.

(3) Where under these Rules any matter falls to be decided by a single Justice, that Justice may, where it appears appropriate, direct an oral hearing or may refer the matter to a panel of Justices to be decided with or without an oral hearing.

(4) Where under these Rules any matter falls to be decided by the Registrar, the Registrar may—

(a) direct an oral hearing;

(b) refer the matter to a single Justice (and paragraphs (1) and (3) shall then apply);

(c) refer the matter to a panel of Justices to be decided with or without an oral hearing.

(5) A party may apply for a decision of the Registrar to be reviewed by a single Justice (in which case paragraphs (1) and (3) shall apply) and any application under this rule must be made in the appropriate form and be filed within 14 days of the Registrar’s decision.

(6) Subject to rule 27, oral hearings on procedural matters must be heard in open court or in a place to which the public are admitted.

(7) If any procedural question arises which is not dealt with by these Rules, the Court or the Registrar may adopt any procedure that is consistent with the overriding objective, the Act and these Rules.