1 The principal purpose of this Practice Note is to avoid the unnecessary provision of law reports to the Judges of the Court of Appeal. A large number of law reports are frequently referred to in lists of authorities, brought to the Court for the use of the Judges, and then not read or even opened by counsel or the solicitor appearing in the matter. The result has been an unnecessary burden on the Law Courts Library and the personal staff of Judges.
2 An ancillary purpose is to implement the recent restriction that the Law Courts Library has had to impose on the use of loose leaf services. Judges' access to these services is now severely restricted in point of time.
3 This Practice Note will commence on 5 July 1993. It supplements the requirements of Practice Note No 65, particularly paragraph 4(c).
Lists Of Authorities
4 A list of authorities provided in accordance with Practice Note No 65, paragraph 4(c), shall:
(a) indicate with an asterisk no more than five reported cases that the party providing the list expects will be referred to at some length and which the Judges will need to have available in Court to follow the argument; and
(b) have attached photocopies of the pages of any loose leaf service to which reference is proposed.
5 In exceptional cases application may be made to the President, through his Associate, for leave to mark additional reported cases with an asterisk on the applicant's list. Any such application should be made in good time before the hearing.
6 Subject to paragraph 4, where a party expects to refer at some length to more than five reported cases, that party shall produce to the Court photocopies of the additional cases (or relevant parts thereof) for the use of the Judges.
7 A party who intends to cite an unreported decision shall provide photocopies for the use of the Judges, to be handed up during the argument.
8 All lists of authorities shall contain a clear indication of the name and telephone contact of the counsel, solicitor or party providing the list to the Court.
9 The practice introduced by this Practice Note will be reviewed before the end of six months with a view to its revision or modification in the light of experience.