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The Judicial Committee of the Privy Council (JCPC) has implemented new Rules and Practice Directions, effective from December 2, 2024. These changes are significant for all parties involved in appeals, particularly those who are planning to file one.
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Key Changes to the JCPC Appeal Process
The following outlines the seven essential changes introduced by the JCPC:
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Transition from Previous Rules: Appeals submitted before December 2, 2024, will continue to be governed by the Judicial Committee (Appellate Jurisdiction) Rules 2009. These older appeals will not utilize the newly established Portal system.​
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Case Management Procedures: All new appeals will now be subject to a case management process. This includes a review of appeals filed "as of right" to determine if they aim to overturn concurrent findings of fact made by lower courts. Such appeals may not be entertained based on the precedent set in Devi v Roy and may be dismissed during a brief case management hearing.
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Service of Documents: While the initial Notice of Appeal must be served using traditional methods (such as hand delivery, email, or post), all subsequent document exchanges will occur through the new Portal. Parties will receive email notifications whenever a document is uploaded, and service is considered effective on the day this notification is sent during JCPC Registry office hours.
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Communication via Portal: All interactions between parties or between a party and the JCPC Registry must take place through the Portal. The system includes secure channels for sensitive communications.
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Faster Appeal Listings: Once all Notices of Acknowledgment, Cross-appeals, and/or Interventions are filed, appeals will be listed more promptly than before. This listing will occur prior to the submission of the Record and Statement of Facts and Issues.
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User Accounts on the Portal: Each party involved in an appeal can create up to three user accounts on the Portal to monitor case progress. The new JCPC website and Portal are designed for seamless interaction, meaning that listings and updates will be reflected on both platforms simultaneously.
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Publication of Appeal Documents: Appeal documents, including Written Cases, will automatically be published on the JCPC website unless a prior application is made to prevent such publication.
Conclusion
These updates signify a substantial shift in how appeals are managed within the JCPC framework. It is crucial for parties considering an appeal to register on the new JCPC Portal and familiarize themselves with these changes to ensure compliance and streamline their appeal process effectively.