The Faculty Jurisdiction Rules 2015

PART 23 Appeals from consistory courts – initial procedure

Appeal from consistory court – initial application to chancellor

23.1.—(1) A party who wishes to appeal from a judgment, order or decree of a consistory court must make an application to the chancellor for—

(a) a certificate stating whether or not the proposed appeal relates to any extent to matter involving doctrine, ritual or ceremonial; and

(b) permission to appeal (if needed).

(2) An application under paragraph (1) must be—

(a) made not later than 21 days after the date of the judgment, order or decree to which the appeal relates;

(b) in Form 22; and

(c) accompanied by the proposed grounds of appeal (which must clearly identify those parts of the judgment, order or decree of the court to which the grounds relate).

(3) An application under paragraph (1) is made by filing 2 copies of the application and the proposed grounds of appeal in the diocesan registry.

(4) Within 7 days of filing the application and the proposed grounds of appeal the appellant must serve a copy of the application and the proposed grounds of appeal on every other party.

Determination of initial application by chancellor

23.2.—(1) An application made under rule 23.1(1) is to be determined by the chancellor without a hearing unless the chancellor directs otherwise.

(2) The chancellor may—

(a) give directions for the purpose of determining the application on consideration of written representations, or

(b) if the chancellor has directed that the application be dealt with at a hearing, give directions for the purposes of the hearing.

(3) The chancellor’s determination of an application under rule 23.1(1) must be in Form 23 and must—

(a) contain a certificate stating whether or not the proposed appeal relates to any extent to matter involving doctrine, ritual or ceremonial, and

(b) state the chancellor’s reasons for the certificate.

(4) The chancellor’s determination must also state—

(a) (i) that permission to appeal to the provincial court is granted or is refused, and

(ii) the chancellor’s reasons for granting or refusing permission; or

(b) that permission to appeal is not needed because the appeal lies to the Court of Ecclesiastical Causes Reserved.

(5) The diocesan registrar must send a copy of the chancellor’s determination to—

(a) the party who made the application under rule 23.1; and

(b) every other party.

Permission to appeal – renewed application to the Dean

23.3.—(1) Where the chancellor has issued a determination under rule 23.2 which states that permission to appeal to the provincial court is refused, the party who made the application under rule 23.1 may apply to the Dean for permission to appeal.

(2) An application under paragraph (1) must be—

(a) made not later than 14 days after the date on which the party received the chancellor’s determination under rule 23.2;

(b) in Form 24; and

(c) accompanied by—

(i) the judgment, order or decree of the consistory court against which it is proposed to appeal;

(ii) the application and proposed grounds of appeal that were filed under rule 23.1(3);

(iii) the chancellor’s determination in Form 23 under rule 23.2; and

(iv) a concise statement of the reasons relied on in support of the application to the Dean.

(3) The application is made by filing 2 copies of the application and the other documents required by paragraph (2) with the registrar of the provincial court.

(4) Within 7 days of filing the application the appellant must serve a copy of the application and the other documents required by paragraph (2) on—

(a) every other party; and

(b) the diocesan registrar.

Determination of renewed application

23.4.—(1) An application made under rule 23.3 is to be determined by the Dean without a hearing unless the Dean directs otherwise.

(2) The Dean may—

(a) give directions for the purpose of determining the application on consideration of written representations, or

(b) if the Dean has directed that the application be dealt with at a hearing, give directions for the purposes of the hearing.

(3) The Dean’s determination of an application made under rule 23.3 must state the Dean’s reasons.

Terms of permission to appeal

23.5.—(1) Where the chancellor or the Dean grant permission to appeal, the order granting permission may—

(a) limit the issues to be considered on appeal; and

(b) make the grant of permission subject to conditions (which may include conditions relating to costs).

(2) An appellant may apply to the Dean to vary or revoke any provisions of an order made by the chancellor under paragraph (1) when the appellant gives notice of appeal under rule 24.1.