CASE SUMMARIES v 25 September 1995

The following notes of judgments were prepared by the reporters of the All England Law Reports.

Farmers

R v Ministry of Agriculture and Fisheries, Ex parte National Union of Farmers and ors; QBD (Macpherson J); 22 June 1995

The Sheep Annual Premium and Suckler Cow Premium Quotas Regulations 1993 (SI no 1626) as amended, which are the United Kingdom regulations purporting to implement the UK's obligations under European Community law, were flawed and unlawful.

Michael Beloff QC and Mark Brealey (Burgess Salmon, Bristol) for the applicants; Kenneth Parker QC and Rhodri Thompson (MAFF) for the respondent.

Practice

Practice Directions: Insolvency Appeals (Individuals); ChD (Sir Richard Scott V-C); 28 July 1995

This practice direction comes into effect from 1 October 1995; Practice Directions (Insolvency and Revenue Appeals in North) [1991] 1 All ER 608; [1991] 1 WLR 103 shall be revoked as far as it relates to insolvency only, and Practice Direction (Insolvency Appeals: Hearings outside London) No 3/92 [1992] 1 WLR 791 shall be revoked in its entirety.

An appeal from a decision in a county court by a circuit or district judge or in the High Court by a registrar in bankruptcy lies to a single judge of the High Court. This direction sets out the practice and venues for such appeals. RSC Ord 59 applies to insolvency appeals. A notice of appeal must be served not later than 28 days, such time to run: (a) in the case of an appeal from an order made in a county court from the date the order was made; (b) in the case of an appeal from an order made by a registrar in bankruptcy from the date on which the order was sealed. Notice of appeal must be served on all parties to the proceedings below directly affected by the appeal, including the district judge and where a bankruptcy order had been made, the Official Receiver.

Service of the notice of appeal may be effected by (a) leaving the document at the proper address of the person to be served; (b) by post; (c) through a document exchange; (d) if both appellant and respondent are represented by solicitors by fax together with a hard copy posted to the party concerned on the same day as the fax is sent; (e) by substituted service with the leave of the court.

The appellant must set down the notice of appeal within the time limits set out in RSC Ord 59 r 5 by lodging (a) two copies of the notice of appeal, one of which must be endorsed with a certificate of the date and method of service and stamped with the appropriate fee; (b) a copy of the order under appeal; (c) the estimate of time for the hearing. The court at which the documents are lodged will fix the hearing date and indicate to all parties to the appeal the time estimate given by the appellant. The court will set out its requirements concerning the form and content of the bundle of documents for the use of the judge. Such bundle must be lodged by the appellant not later than seven days before the date fixed for the hearing. Failure to do so may result in the appeal being dismissed by the judge.

Skeleton arguments, accompanied by a written chronology, should be lodged at least two clear days before the date fixed for the hearing. Failure to lodge may result in an adverse order by the judge on the hearing of the appeal. A notice of appeal and a respondent's notice may be amended.

Where an appellant does not wish to continue with the appeal or where the appeal has been settled, the appeal may be dismissed by consent on paper without a hearing. An order to that effect signed by each party or letters of consent from each party must be lodged not later than 24 hours before the date fixed for the hearing.

An appeal from a decision by the single judge lies with the leave of that judge or of the Court of Appeal to the Court of Appeal. Applications for such leave to appeal should be made to the single judge at the conclusion of his judgment on the appeal. If a party failed to apply that party may apply ex parte by notice of application. Such notice together with draft intended grounds of appeal must be lodged within 28 days of the sealing of the order made on the appeal. Applications made after the 28 days period has expired must be made direct to the Court of Appeal.

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