The Civil Procedure Rules 1998

[F1 References under section 6A of the Act: Court of Appeal E+W

68.3.— (1) A reference under section 6A of the Act to the Court of Appeal is made when the referring court or tribunal files the reference with the Court of Appeal.

(2) A reference filed under paragraph (1) must—

(a) state the point of law which arises on assimilated case law and the question to be determined on that point of law;

(b) set out the referring court or tribunal’s reasons for considering the point of law to be of general public importance; and

(c) describe the relevance of the point of law to the proceedings before the referring court or tribunal.

(3) Before the reference is filed, a copy of it must have been sent by the referring court or tribunal to—

(a) all parties to the proceedings before the referring court or tribunal; and

(b) the law officers listed in section 6C(2) of the Act.

(4) The persons listed in paragraph (3) may make written submissions to the Court of Appeal as to whether the Court of Appeal should accept the reference.

(5) Any submissions made under paragraph (4) must unless the Court of Appeal directs otherwise be filed with the Court of Appeal within 14 days of the copy of the reference being sent under paragraph (3), and a copy of the submissions must be sent to each of the persons listed in paragraph (3) when they are filed.

(6) The question whether to accept the reference shall be considered by a single judge of the Court of Appeal and without an oral hearing, except as provided for under paragraph (7).

(7) The judge considering the reference on paper may direct that the question whether to accept the reference be determined at an oral hearing, and must so direct if the judge is of the opinion that the question cannot be fairly determined on paper without an oral hearing.

(8) An oral hearing directed under paragraph (7) must be listed—

(a) no later than 14 days from the date of the direction under that paragraph; and

(b) before the judge who made that direction,

unless the court directs otherwise.

(9) The Court of Appeal may, in any direction under paragraph (7)—

(a) identify any issue or issues on which the submissions should specifically be focused at the oral hearing in order to assist the court to determine whether to accept the reference; and

(b) direct any person listed in paragraph (3) to serve and file written submissions and to attend the oral hearing.

(10) The Court shall send a copy of the decision on whether to accept the reference to the referring court or tribunal and each of the persons listed in paragraph (3).]

Textual Amendments

F1 Pt. 68 inserted (1.10.2024) by The Civil Procedure (Amendment No. 3) Rules 2024 (S.I. 2024/839), rule 1(1), Sch.