Part XI: Appeals and Hearings Before Court of 3 Judges

81. Application of this Part

82. Requests for further arguments before the Judge or Registrar

83. Civil appeals before the General Division from the State Courts

  • Appeals under Order 55D of the Rules of Court

  • Appeals from the Family Court

  • Appeals from the Employment Claims Tribunal

84. Civil appeals before the General Division from tribunal or person under Order 55 of the Rules of Court

84A. Whether an appeal to the Appellate Division is to be heard by 2 or 3 Judges

85. Whether an appeal to the Court of Appeal is to be heard by a 2 or 3 Judge Court of Appeal

85A. Whether an appeal to the Court of Appeal is to be heard by 5 or any greater uneven number of Judges

85B. Leave of the Court of Appeal or the Appellate Division to receive further affidavits in relation to an application to strike out a notice of appeal

85C. Applications that may be made either to the General Division or an appellate Court

86. Quantum of security to be provided under Order 57, Rule 3(3) of the Rules of Court as in force immediately before 2 January 2021

86A. Appeals Information Sheet for civil appeals to the Court of Appeal and civil appeals to the Appellate Division

87. Filing of records of appeal, core bundles and written Cases for civil appeals under Order 56A, Rules 8 and 9 and Order 57, Rules 9 and 9A of the Rules of Court

87A. Request for leave to exceed page limit for Appellant’s Case, Respondent’s Case and Appellant’s Reply for civil appeals to the Court of Appeal and civil appeals to the Appellate Division

87B. Requests for waiver or deferment of appeal court fees

88. Hard copies and soft copies for hearing of civil appeals before the Court of Appeal and civil appeals before the Appellate Division

89. Preparation of appeal records in civil appeals to the Court of Appeal and civil appeals to the Appellate Division

  • Arrangement

  • Pagination in soft copy

  • Table of contents

  • Spacing

  • Core bundles – Order 56A, Rule 8(3) and Order 57, Rule 9(2A)

  • Responsibility for good order and completeness of appeal records

  • Superfluous, irrelevant or duplicative documents

89A. Bundle of documents filed with leave of the Court of Appeal or the Appellate Division

89B. Inclusion in appeal bundles of documents ordered to be sealed or redacted

90. Skeletal arguments for appeals and matters before the General Division, Appellate Division, Court of Appeal and Court of 3 Judges

  • Skeletal arguments for civil matters before the Court of Appeal and civil matters before the Appellate Division

  • Further skeletal arguments for civil and criminal matters before the Court of Appeal and civil matters before the Appellate Division

  • Timelines for submission of skeletal arguments for appeal before the General Division

  • Application of this paragraph to Court of 3 Judges

90A. Applications in civil matters before the Court of Appeal and civil matters before the Appellate Division

90B. Applications to the Court of Appeal, and applications to the Appellate Division, for leave to appeal in civil matters

91. Use of presentation slides for all proceedings before the General Division, Appellate Division, Court of Appeal and Court of 3 Judges

  • Typeface

  • Colours

  • Animation and sounds

  • Corporate logos

92. Further arguments before the Court of Appeal and the Appellate Division

92A. Lapse or cancellation of Grant of Aid under the Legal Aid and Advice Act 1995 and the Legal Aid and Advice Regulations

81. Application of this Part

(1) The directions in this Part shall, subject to sub-paragraph (2) below, mutatis mutandis, apply to appeals before the General Division, hearings before the Appellate Division, hearings before the Court of Appeal and disciplinary proceedings (or appeals therefrom) brought under any statute, including the Legal Profession Act 1966 and the Medical Registration Act 1997, which are heard by a Court of 3 Judges.

(2) Where disciplinary proceedings (or appeals therefrom) brought under any statute, including the Legal Profession Act 1966 and the Medical Registration Act 1997, are heard by a Court of 3 Judges, 1 hard copy each of the parties’ written submissions, the record of proceedings, the originating summons and all affidavits filed in the originating summons shall be tendered, unless otherwise directed.

82. Requests for further arguments before the Judge or Registrar

(1) All requests for further arguments shall be made by way of Request filed through the Electronic Filing Service and should, either in the Request electronic form or a document attached thereto:

(a) state the party making the request;

(b) identify the Judge or Registrar who heard the matter in question;

(c) specify when the order concerned was made;

(d) state the provision of law under which the request is made;

(e) set out the proposed further arguments briefly, together with any authorities; and

(f) include a copy of each of the authorities cited.

(2) A copy of the request should be furnished to all parties concerned.

(3) All requests should be addressed to the Registrar.

83. Civil appeals before the General Division from the State Courts

Appeals under Order 55D of the Rules of Court

(1) In appeals under Order 55D of the Rules of Court, the appellant and the respondent are to tender one hard copy of the record of appeal and the Cases, as well as any bundle of authorities to be relied upon to the Legal Registry of the Supreme Court not less than 5 working days before the hearing of the appeal, to assist the Judge hearing the appeal.

Appeals from the Family Court

(2) Directions for appeals from the Family Court on ancillary matters in divorce proceedings, custody matters or proceedings pursuant to s 17A(2) of the Supreme Court of Judicature Act 1969 are set out at paragraph 142.

Appeals from the Employment Claims Tribunal

(3) In addition to any provisions in the Rules of Court or other written law, and subject to any further directions made by the Court, the Registrar hereby directs that appeals to the General Division from the Employment Claims Tribunal shall be heard in open Court.

84. Civil appeals before the General Division from tribunal or person under Order 55 of the Rules of Court

(1) Order 55, Rule 6(4) of the Rules of Court states that it is the appellant’s duty to apply to the Judge or other person presiding at the proceedings in which the decision appealed against was given, for the signed copy of any note made by him of the proceedings and to furnish that copy for the use of the Court. For the avoidance of doubt, the onus is on the appellant to file a record of proceedings, comprising the signed copy of the notes of proceedings, and any further grounds of decision, in the General Division.

(2) The appellant and the respondent are to tender one hard copy of the notes of proceedings, grounds of decision and any skeletal arguments or bundles of authorities to be relied upon to the Legal Registry of the Supreme Court not less than 5 working days before the hearing of the appeal, to assist the Judge hearing the appeal.

(3) No affidavits shall be filed in respect of the appeal without the leave of court.

84A. Whether an appeal to the Appellate Division is to be heard by 2 or 3 Judges

(1) The time for an appellant to file the record of appeal, the Case and the core bundle of documents for hearing before the Appellate Division is 2 months after the service of the notice mentioned in Order 56A, Rule 7(3) of the Rules of Court where the appeal is to be heard by a 3 Judge Court, and one month after the service of that notice where the appeal is to be heard by a 2 Judge Court.

(2) To resolve any confusion or uncertainty over the issue of whether an appeal is to be heard by a 2 or 3 Judge Court, this issue will be determined by the Judge who heard the matter at first instance.

(3) The Judge of first instance will inform the Legal Registry of the Supreme Court of his decision on the issue mentioned in sub-paragraph (2), and the Legal Registry will inform the appellant in the notice mentioned in Order 56A, Rule 7(3) of the time for filing of the record of appeal, the Appellant’s Case and the core bundle of documents, in accordance with whether the matter will be heard by a 2 or 3 Judge Court.

(4) If the Judge of first instance does not determine the issue of whether the appeal should be heard before a 2 or 3 Judge Court, or if the appellant should dispute the determination of the Judge of first instance, the matter will be referred to a Judge sitting in the Appellate Division, whose determination is final. An appellant who wishes to dispute the determination of the Judge of first instance must, within 7 days after the service of the notice mentioned in Order 56A, Rule 7(3), inform the Legal Registry by filing a Request.

85. Whether an appeal to the Court of Appeal is to be heard by a 2 or 3 Judge Court of Appeal

(1) The time for an appellant to file the record of appeal, the Case and the core bundle of documents for hearing before the Court of Appeal is 2 months after the service of the notice referred to in Order 57, Rule 5(2) of the Rules of Court where the appeal is to be heard by a 3 Judge Court, and one month after the service of that notice where the appeal is to be heard by a 2 Judge Court.

(2) To resolve any confusion or uncertainty over the issue of whether an appeal is to be heard by a 2 or 3 Judge Court of Appeal, this issue will be determined by the Judge who heard the matter at first instance.

(3) The Judge of first instance will inform the Legal Registry of the Supreme Court of his decision on the issue mentioned in sub-paragraph (2), and the Legal Registry will inform the appellant in the notice referred to in Order 57, Rule 5(2) of the time for filing of the record of appeal, the Appellant’s Case and the core bundle of documents, in accordance with whether the matter will be heard by a 2 or 3 Judge Court of Appeal.

(4) If the Judge of first instance does not determine the issue of whether the appeal should be heard before a 2 or 3 Judge Court of Appeal, or if the appellant should dispute the determination of the Judge of first instance, the matter will be referred to a Judge sitting in the Court of Appeal, whose determination is final. An appellant who wishes to dispute the determination of the Judge of first instance must, within 7 days after the service of the notice referred to in Order 57, Rule 5(2), inform the Legal Registry by filing a Request

85A. Whether an appeal to the Court of Appeal is to be heard by 5 or any greater uneven number of Judges

Pursuant to section 50(1) of the Supreme Court of Judicature Act 1969 and notwithstanding any determination that may be made under paragraph 85(2) or (4) of these Practice Directions, the Court of Appeal may determine, as and when appropriate, whether to convene a panel of 5 or any greater uneven number of Judges. Such determination of the Court of Appeal will be final.

85B. Leave of the Court of Appeal or the Appellate Division to receive further affidavits in relation to an application to strike out a notice of appeal

(1) Under Order 57, Rule 16, a respondent may make an application to strike out a notice of appeal within the time frame provided in the Rule. The leave of the Court of Appeal to receive any further affidavit pursuant to Order 57, Rule 16(13), may be sought by way of correspondence to the Court of Appeal, or an appointment before a Judge sitting in the Court of Appeal in a case management conference.

(2) Under Order 56A, Rule 17, a respondent may make an application to strike out a notice of appeal within the time frame provided in the Rule. The leave of the Appellate Division to receive any further affidavit pursuant to Order 56A, Rule 17(16), may be sought by way of correspondence to the Appellate Division, or an appointment before a Judge sitting in the Appellate Division in a case management conference.

85C. Applications that may be made either to the General Division or an appellate Court

(1) Where an application may be made either to the General Division or to an appellate Court (being the Appellate Division or the Court of Appeal), and the application is first made to the General Division pursuant to section 39 or 57 of the Supreme Court of Judicature Act 1969:

(a) if the application is refused by the General Division, and the applicant still wishes to obtain the relief sought in the refused application, the applicant should make an application to the appellate Court for the same relief, instead of filing an appeal to the appellate Court; and

(b) in any event, any party who wishes to vary or discharge any direction or order made by the General Division on the application should likewise make an application to the appellate Court to vary or discharge that direction or order, instead of filing an appeal to the appellate Court.

(2) Except as provided in sub-paragraph (1), any party who is dissatisfied with a decision of the General Division may file an appeal to the appellate Court against that decision in accordance with the relevant provisions of the Supreme Court of Judicature Act 1969 and the applicable rules of civil procedure.

86. Quantum of security to be provided under Order 57, Rule 3(3) of the Rules of Court as in force immediately before 2 January 2021

(1) Pursuant to rule 14 of the Rules of Court (Amendment No. 5) Rules 2020, Order 57, Rule 3(3) of the Rules of Court as in force immediately before 2 January 2021 and sub-paragraph (2) continue to apply:

(a) to any appeal against a decision of the High Court that is brought to the Court of Appeal before 2 January 2021 and that continues, on or after that date, in the Court of Appeal in accordance with section 31(3) of the Supreme Court of Judicature (Amendment) Act 2019 (the “Amendment Act”); and

(b) to any appeal against a decision of the High Court, where that decision is made before 2 January 2021 in the circumstances mentioned in section 31(4) of the Amendment Act and either of the following applies:

(i) leave is granted as mentioned in section 31(4)(c) of the Amendment Act to bring an appeal against that decision to the Court of Appeal;

(ii) leave to appeal to the Court of Appeal is sought from the Court of Appeal under section 34 of the Supreme Court of Judicature Act (Cap. 322, 2007 Rev. Ed.) as in force immediately before 2 January 2021.

(2) The Honourable the Chief Justice has, in exercise of the powers conferred on him by Order 57, Rule 3(3) of the Rules of Court as in force immediately before 2 January 2021, fixed the sum to be provided by the appellant by way of security for the respondent’s costs of an appeal to the Court of Appeal mentioned in sub-paragraph (1)(a) or (b) at $15,000 for appeals against interlocutory orders and $20,000 for all other appeals.

86A. Appeals Information Sheet for civil appeals to the Court of Appeal and civil appeals to the Appellate Division

(1) The Chief Justice has directed that for civil appeals to the Court of Appeal and civil appeals to the Appellate Division, parties shall file in court and serve on every other party to the appeal or his solicitor an Appeals Information Sheet in Form 27 of Appendix A to these Practice Directions at the same time as their respective Cases under Order 56A, Rules 8 and 9 of the Rules of Court (for appeals to the Appellate Division) and Order 57, Rules 9 and 9A of the Rules of Court (for appeals to the Court of Appeal) are filed and served.

(2) Where appropriate, parties or their solicitors may be required to attend in person to take directions on the conduct of the appeal.

87. Filing of records of appeal, core bundles and written Cases for civil appeals under Order 56A, Rules 8 and 9 and Order 57, Rules 9 and 9A of the Rules of Court

(1) Under Order 56A, Rule 8(1) and Order 57, Rule 9(1) of the Rules of Court, the appellant is required to file the record of appeal (or in the case of a further appeal from the Appellate Division, the supplemental record of appeal), the Appellant’s Case and the core bundle. Under Order 56A, Rule 9(2) and (3) and Order 57, Rule 9A(2) and (2A), the respondent has to file the Respondent’s Case and the Respondent’s supplemental core bundle (if any). Under Order 56A, Rule 9(7) and (9) and Order 57, Rule 9A(5A) and (5C), the appellant may file an Appellant’s Reply and the Appellant’s supplemental core bundle (if any). The record of appeal (and the supplemental record of appeal, if any), core bundle and supplemental core bundle are collectively referred to in this paragraph as “appeal bundles”.

(2) For the purpose of complying with Order 56A, Rules 8 and 9 and Order 57, Rules 9 and 9A, the parties are required to file the following documents using the Electronic Filing Service in accordance with the specified time frames in Order 56A, Rules 8(1) and 9(2) and (7) and Order 57, Rules 9(1) and 9A(2) and (5A).

(a) The appellant is required to file one copy of the following:

(i) Form of the record of appeal in lieu of the record of appeal (except that in the case of a further appeal to the Court of Appeal from the Appellate Division, the appellant is to file the form of the supplemental record of appeal in lieu of the supplemental record of appeal);

(ii) Form of the core bundle in lieu of the core bundle; and

(iii) Appellant’s Case.

(b) The respondent is required to file one copy of the following:

(i) Respondent’s Case; and

(ii) Form of the Respondent's supplemental core bundle (if any) in lieu of the supplemental core bundle.

(c) Where applicable, the appellant may also file one copy of the following:

(i) Appellant's Reply; and

(ii) Form of the Appellant's supplemental core bundle (if any) in lieu of the supplemental core bundle.

(3) The form of the record of appeal, form of the supplemental record of appeal, form of the core bundle and form of the supplemental core bundle (collectively referred to in this paragraph as “forms of appeal bundles”) filed pursuant to sub- paragraph (2) must be in accordance with Forms 12, 12A, 13 and 14 of Appendix A of these Practice Directions. For the avoidance of doubt, the documents contained in the hard copies of the appeal bundles must coincide with the documents listed in the form of the appeal bundles.

(4) The attention of parties is also drawn to the Court fees payable under Order 90B read with Appendix B of the Rules of Court, and the importance of brevity and restraint in the compilation of core bundles.

(4A) The Chief Justice has further directed that the Appellant’s Case and the Respondent’s Case in civil matters before the Court of Appeal and civil matters before the Appellate Division shall not exceed 50 pages unless leave of the Court of Appeal or the Appellate Division (as the case may be) is obtained. The Appellant’s Reply, if any, shall not exceed 30 pages unless leave of the Court of Appeal or the Appellate Division (as the case may be) is obtained. The process for obtaining leave of the Court of Appeal or the Appellate Division may be found in paragraph 87A of these Practice Directions. Any Appellant’s Case, Respondent’s Case, and Appellant’s Reply in breach of this requirement will be rejected. The cover page and backing page shall be excluded from any computation of the number of pages. Parties are reminded to comply with Order 56A, Rule 9 and Order 57, Rule 9A of the Rules of Court (as the case may be) in respect of the preparation of their Cases, and the Appellant’s Reply, as well as the following requirements:

(a) all pages should be paginated, with the page numbers corresponding to the Portable Document Format version of the Case or the Appellant’s Reply, as the case may be;

(b) the minimum font size to be used is Times New Roman 12 or its equivalent;

(c) the print of every page shall be double-spaced; and

(d) every page shall have a margin on all 4 sides, each of at least 35 mm in width.

(4B) Parties are to take note of the following when preparing their Cases:

(a) Parties should ensure that all documents which they refer to in their submissions (whether in their Cases or in the oral submissions) are contained in the core bundle or the supplemental core bundle. As a matter of practice, parties should not be making submissions based on documents contained solely in the record of appeal or the supplemental record of appeal unless they are responding to questions from the coram; and

(b) Any document referred to in a Case should be suitably described in such a manner as to allow the court to identify the nature of the document. Parties’ attention is drawn to paragraph 89(5A) for illustrations of suitable descriptions.

(5) If a party wishes to rely on a document which does not exist in the electronic case file, he must file the document together with the respective forms of appeal bundles. Further, a table of contents must be included for these documents. These documents must be paginated consecutively at the centre top of the page and the solicitor must ensure that the pagination takes into account the pages comprising the respective forms of appeal bundles and the table of contents for these additional documents. For example, if the form of the core bundle is 5 pages and the table of contents for the additional documents is 2 pages, the first page of the first document should be paginated as page 8.

(6) When the core bundles and supplemental core bundles are tendered at the Legal Registry of the Supreme Court pursuant to paragraph 88(1), the Legal Registry staff will state on the top right hand corner of the bundle the exact amount of Court fees payable under Order 90B. The parties should then pay the Court fees as indicated.

87A. Request for leave to exceed page limit for Appellant’s Case, Respondent’s Case and Appellant’s Reply for civil appeals to the Court of Appeal and civil appeals to the Appellate Division

(1) Parties shall apply for leave of the Court of Appeal or the Appellate Division (as the case may be) to exceed the page limit for the Appellant’s Case, the Respondent’s Case or the Appellant’s Reply by filing a Request in the Electronic Filing Service stating the reasons for requiring additional pages and the number of additional pages required.

(2) The application for leave to exceed the page limit for the Appellant’s Case or the Respondent’s Case shall be filed at least 14 days before the date the Appellant’s Case or the Respondent’s Case, as the case may be, is due to be filed. The application for leave to exceed the page limit for the Appellant’s Reply shall be filed at least 7 days before the date the Appellant’s Reply is due to be filed. Applications filed out of time will be rejected.

87B. Request for waiver or deferment of court fees

A request for the waiver or deferment of the whole or any part of any appeal court fees under Order 91, Rule 5 of the Rules of Court must be supported by an affidavit in Form 14A of Appendix A of these Practice Directions. The affidavit in Form 14A must verify Form 14B of Appendix A of these Practice Directions.

88. Hard copies and soft copies for hearing of civil appeals before the Court of Appeal and civil appeals before the Appellate Division

(1) In order to assist the Judges sitting in the Court of Appeal or the Appellate Division, the appellant and the respondent are required to tender hard copies of the Appellant’s and Respondent’s Cases, the Appellant’s Reply (if any), core bundles of documents and supplemental core bundles of documents (if any) to the Legal Registry of the Supreme Court at the same time when filing them within the prescribed time under Order 56A, Rule 9 or Order 57, Rule 9A of the Rules of Court (as the case may be). The following directions must be complied with:

(a) Where the appeal is to be heard by a 3 Judge Court, 4 hard copies of the Cases and the Appellant’s Reply (if any), the core bundles and supplemental core bundles of documents (if any) shall be tendered.

(b) Where the appeal is to be heard by a 2 Judge Court, 3 hard copies of the Cases and the Appellant’s Reply (if any), the core bundles and supplemental core bundles of documents (if any) shall be tendered.

(2) The directions set out in paragraph 89 apply in relation to the preparation of the appeal bundles in hard copy, which may be printed on one side or both sides of each page.

(3) In addition to the hard copies, the appellant and respondent are required to tender soft copies of the following documents in Portable Document Format (PDF) at the same time in a CD-ROM:

(a) Appellant’s and Respondent’s Cases;

(b) the Appellant’s Reply;

(c) Core bundles of documents and supplemental core bundles of documents;

(d) Record of appeal (or, in the case of a further appeal from the Appellate Division, the supplemental record of appeal); and

(e) Bundles of authorities.

(4) The files in the CD-ROM should be named in accordance with the following format:

<party> - <document title>

For example -

1st Appellant – Appellant’s Case

1st Appellant – Appellant’s Reply

1st Appellant – Bundle of Authorities Vol 1

1st Appellant – Bundle of Authorities Vol 2

1st Appellant – Record of Appeal Vol 1

1st Appellant – Record of Appeal Vol 2

(5) The CD-ROM shall be clearly labelled with the case number and title of the proceedings. If there is more than one CD-ROM, the CD-ROMs shall be numbered sequentially.

89. Preparation of appeal records in civil appeals to the Court of Appeal and civil appeals to the Appellate Division

Arrangement

(1) This sub-paragraph sets out the manner of arranging appeal records.

(a) To facilitate cross-referencing, the record of appeal shall be arranged in the following separate volumes:

(i) Volume I – Judgment or grounds of decision and the engrossed order of Court of judgment appealed from.

(ii) Volume II – Notice of appeal, certificate of security for costs and pleadings (to include all originating processes).

(iii) Volume III – Affidavits (in chronological order), and transcripts or notes of evidence and arguments.

(iv) Volume IV – All such exhibits and documents as they were tendered in the Court below, but which did not form an exhibit to any affidavit.

(v) Volume V – The Agreed Bundle (if any) in its original physical form as it was tendered in the Court below.

(b) Where there are no exhibits or documents referred to in sub-paragraph (1)(a)(iv) above, Volume IV need not be produced, and Volume V shall be renumbered as Volume IV.

(ba) To facilitate cross-referencing, any supplemental record of appeal shall be arranged in the following manner in one volume:

(i) the notice of appeal to the Court of Appeal;

(ii) the certificate of payment of security for costs in respect of the appeal to the Court of Appeal;

(iii) the record of proceedings before the Appellate Division mentioned in Order 57, Rule 5(3);

(iv) the order granting leave to appeal to the Court of Appeal; and

(v) the Cases filed under Order 56A, Rule 9.

(c) If any volume should exceed 300 pages, then that volume shall be sub-divided, at a convenient page, into sub-volumes designated as part thereof, for example, Volume III Part A, Volume III Part B and so on. Conversely, if any of the volumes (with the exception of Volumes I and II which shall remain as separate volumes) should be less than 100 pages each, these may be amalgamated into combined volumes, each not exceeding 300 pages, and renumbered accordingly.

(d) The following additional directions shall apply to the form of the record of appeal:

(i) The documents in Volumes I, II, and III shall be arranged strictly in the order stated in sub-paragraph (1)(a) above.

(ii) The documentary exhibits in Volume IV shall be arranged in the most convenient way for the use of the Court, as the circumstances of the case require. The documents shall, as far as suitable, be arranged in chronological order, mixing plaintiff’s and defendant’s documents together when necessary (for example, in a series of correspondence). If proceedings in a suit other than the one under appeal appear as exhibits, then these shall be kept together. However, the documents from each suit shall be arranged in the chronological order of the suits.

(iii) Each document in Volume IV shall show its exhibit mark and whether it is the plaintiff’s or the defendant’s document, unless this is clear from the mark.

Pagination in soft copy

(2) This sub-paragraph sets out the manner of paginating soft copy appeal records.

(a) The first page of each volume shall state the title and the Civil Appeal number of the appeal, the names of the parties, the volume number, a short description of its contents, the names and addresses of the appellants and respondents, and the date of filing.

(b) The page number of each volume of the appeal records must correspond to the page number in the Portable Document Format (PDF) version of that volume. Each separate volume of the appeal records shall start at page 1 and every page shall be numbered consecutively. If separator sheets are used, these shall also be numbered.

Table of contents

(3) This sub-paragraph sets out the format of the table of contents for appeal records.

(a) The table of contents of all volumes of the records shall be placed at the beginning of Volume I, immediately after the first title page in the manner and form set out in Form 15 of Appendix A of these Practice Directions.

(b) Each volume and, if any, parts thereof, shall also contain its own index of the contents.

(c) Items in the table of contents shall be numbered serially, and listed in the order in which they are found in the records.

(d) The items relating to the transcripts or notes of the evidence of witnesses shall have a sub-table of contents of the evidence of each witness, and the number and name of each witness shall be shown in such sub-table.

(e) If an exhibit consists of a bundle of documents, then the documents in the bundle shall be listed in a sub-table of contents under the item relating to such bundle.

(f) Electronic bookmarks for each item of the table of contents and sub-table of contents must be added to each volume of the PDF version of the appeal records. The description of each bookmark shall correspond with the description of that item in the table of contents or sub-table of contents, unless an abbreviated description is appropriate.

Spacing

(4) The line spacing on every page of the records of which the original is typed-written (for example, notice of appeal) shall be double-spaced.

Core bundles – Order 56A, Rule 8(3) and Order 57, Rule 9(2A)

(5) The documents to be included in the core bundle are stipulated in Order 56A, Rule 8(3) and Order 57, Rule 9(2A). The contents of the core bundle shall be arranged in the following separate volumes:

(a) Volume I – a copy of the grounds of the judgment or order, the judgment or order appealed from and an index of the documents included therein.

(b) Volume II – all other documents referred to in Order 56A, Rule 8(3) or Order 57, Rule 9(2A) (as the case may be), and an index of the documents included therein.

Each volume of the core bundle shall begin at page 1, every page shall be numbered and the page number of the core bundle shall correspond to the page number of the PDF version.

Index of core bundles and supplemental core bundles

(5A) The indexes of the core bundle and supplemental core bundle shall correspond with the indexes of documents found in the form of core bundle and form of supplemental core bundle filed under paragraph 87(2) of these Practice Directions. Any document listed in the indexes should be suitably described in such a manner as to allow the Court to identify the nature of the document. Examples of suitable descriptions are set out below for reference:

(a) Joint Venture Agreement between Party A and Party B dated 1 December 2017;

(b) Minutes of meeting held on 1 December 2017 between Party A and Party B; and

(c) Email dated 1 December 2017 from Party A and Party B.

Parties should avoid the use of generic descriptions such as “extracts from the affidavit of Party A filed on 1 December 2017” or “exhibits from the affidavit of Party A filed on 1 December 2017”.

Responsibility for good order and completeness of appeal records

(6) The solicitor having the conduct of the appeal may delegate the preparation of the appeal records to an assistant or a suitably experienced law clerk or secretary, provided always that the solicitor shall personally satisfy himself as to the good order and completeness of every copy of the appeal records lodged in Court in accordance with the above directions, and shall personally bear responsibility for any errors or deficiencies.

Superfluous, irrelevant or duplicative documents

(7) With regard to the inclusion of documents, the solicitor’s attention is drawn to the provisions of Order 56A, Rule 8(2), (3) and (4) and Order 57, Rule 9(2), (2A) and (3) as well as Order 56A, Rule 9(3) and (9) and Order 57, Rule 9A(2A) and (5C). Only documents which are relevant to the subject matter of the appeal, or, in the case of core bundles and supplemental core bundles, will be referred to in the Cases, shall be included in the appeal records.

(8) Parties are reminded not to exhibit duplicate documents in their supplemental core bundle if such documents are already included in a core bundle or supplemental core bundle that has been filed earlier. Documents shall not appear more than once in the records, even if exhibited to different affidavits.

(9) The Court of Appeal or the Appellate Division (as the case may be) will have no hesitation in making a special order for costs in cases in which it is of the opinion that costs have been wasted by the inclusion of superfluous, irrelevant or duplicative documents.

89A. Bundle of documents filed with leave of the Court of Appeal or the Appellate Division

(1) Where leave is granted by the Court of Appeal or the Appellate Division for the filing of any bundle of documents under Order 57, Rule 9A(23) or Order 56A, Rule 9(22) (as the case may be), the party shall file the bundle of documents by tendering the requisite hard copies of the bundle of documents to the Legal Registry of the Supreme Court in accordance with paragraph 88(1) of these Practice Directions.

(2) In addition to hard copies, the party filing the bundle of documents is required to tender soft copies of the bundle of documents in Portable Document Format (PDF) at the same time in a CD-ROM in accordance with paragraphs 88(4) and (5) of these Practice Directions.

(3) When the bundle of documents is tendered at the Legal Registry of the Supreme Court pursuant to this paragraph, the Legal Registry staff will state on the top right hand corner of the bundle the exact amount of Court fees payable under Order 90B. The parties should then pay the Court fees as indicated.

(4) The directions set out in paragraph 89 of these Practice Directions in relation to the preparation of the bundles shall, with the necessary modifications, apply to the bundle of documents.

89B. Inclusion in appeal bundles of documents ordered to be sealed or redacted

(1) This paragraph applies only where certain documents tendered before the court below have been ordered to be sealed or redacted.

(2) Counsel should carefully consider whether it is necessary to include in the record of appeal (or, in the case of a further appeal from the Appellate Division, the supplemental record of appeal), core bundle or supplemental core bundle (collectively known as “appeal bundles”) any document that has been ordered to be sealed or redacted, having regard to paragraph 89(7) of these Practice Directions.

Inclusion of redacted documents in appeal bundles

(3) Where it is necessary to include in the appeal bundles documents that have been ordered to be redacted, parties should do so by complying with the following directions:

(a) All documents subjected to a redaction order should not be included in the appeal bundles in their unredacted form. Instead, such documents should be included in the appeal bundles in their redacted form.

(b) In the margins against the redacted portions of the appeal bundles, the basis for the redaction should be stated (for example, “This information has been redacted pursuant to HC/ORC 1/2017 made on 2 January 2017”).

(c) When tendering the appeal bundles, the parties should also tender a separate bundle, consisting only of documents subjected to a redaction order. These documents should be included in this bundle in their unredacted form (the “Bundle of Documents Subjected to Redaction Order” or “BDSRO”).

(d) The BDSRO should be tendered in both hard copies and soft copies. Where hard copies are concerned, parties should tender the number of copies as provided in paragraph 88(1) of these Practice Directions. Where soft copies are concerned, the BDSRO may be included in the CD-ROM mentioned in paragraph 88(3) of these Practice Directions and should be named in the format provided in paragraph 88(4) of these Practice Directions.

(e) The BDSRO should contain a table of contents. The format of the table of contents should comply with that provided in paragraph 89(3) of these Practice Directions.

(f) The pagination of the documents in the BDSRO should follow the pagination of the corresponding documents in the appeal bundles. Fresh pagination should not be assigned to the documents in the BDSRO.

(g) At the time when the parties tender the appeal bundles and the BDSRO, they should by way of a letter to the Legal Registry: (i) inform the Legal Registry that the BDSRO contains redacted information, (ii) specify the basis for the redaction; and (iii) request that the Legal Registry seal the BDSRO in the electronic case file and keep the hard copies from public inspection.

(4) Solicitors are reminded of their responsibility under paragraph 89(6) to personally satisfy themselves as to the good order of the appeal records. At the time the appeal bundles and BDSRO are tendered, the solicitor having conduct of the appeal shall provide an undertaking to the Court that he has satisfied himself that the appeal bundles do not contain any document ordered to be redacted in its unredacted form. The undertaking shall be in Form 30 of Appendix A to these Practice Directions.

Inclusion of sealed documents in appeal bundles

(5) Where it is necessary to include in the appeal bundles documents that have been ordered to be sealed, parties should do so by complying with the following directions:

(a) All documents subjected to a sealing order should not be included in the appeal bundles. Instead, each and every such document should be represented in the appeal bundles by a separate holding page.

(b) Each and every holding page should be blank save that: (i) the basis for the sealing should be stated across each holding page (for example, “The affidavit of Tan filed on 30 December 2016 has been sealed pursuant to HC/ORC 1/2017 made on 2 January 2017”); and (ii) the cross-references required under subparagraph 4(f) should be indicated (for example, “Reference: BDSSO – Pages 1-10”).

(c) When tendering the appeal bundles, the parties should also tender a separate bundle, consisting only of documents subjected to a sealing order (the “Bundle of Documents Subjected to Sealing Order” or “BDSSO”).

(d) The BDSSO should be tendered both in hard copies and soft copies. Where hard copies are concerned, parties should tender the number of copies as is provided in paragraph 88(1) of these Practice Directions. Where soft copies are concerned, the BDSSO may be included in the CD-ROM mentioned in paragraph 88(3) of these Practice Directions and should be named in the format provided in paragraph 88(4) of these Practice Directions.

(e) The BDSSO should contain a table of contents. The format of the table of contents should comply with that provided in paragraph 89(3) of these Practice Directions.

(f) Given that each and every document subjected to a sealing order is represented only by a single holding page in the appeal bundles but is reproduced in full in the BDSSO, fresh pagination will have to be assigned to the pages in the BDSSO. Each holding page should contain cross-references to the pages of the BDSSO that the holding page represents (for example, “Reference: BDSSO – Pages 1-10”).

(h) At the time when the parties tender the appeal bundles and the BDSSO, they must by way of a letter to the Legal Registry: (i) inform the Legal Registry that the BDSSO contains documents ordered to be sealed, (ii) specify the basis for the sealing; and (iii) request that the Legal Registry seal the BDSSO in the electronic case file and keep the hard copies from public inspection.

(6) Solicitors are reminded of their responsibility under paragraph 89(6) to personally satisfy themselves as to the good order of the appeal records. At the time the appeal bundles and the BDSSO are tendered, the solicitor having conduct of the appeal shall provide an undertaking to the Court that he has satisfied himself that the appeal bundles do not contain any document ordered to be sealed. The undertaking shall be in Form 30 of Appendix A to these Practice Directions.

(7) For the avoidance of doubt, documents that have been ordered to be expunged should not in any event be tendered to the Court of Appeal or the Appellate Division in any form.

90. Skeletal arguments for appeals and matters before the General Division, Appellate Division, Court of Appeal and Court of 3 Judges

(1) For the avoidance of doubt, this paragraph applies to:

(a) civil and criminal appeals in the General Division, excluding appeals from the Registrar to a Judge in Chambers;

(aa) civil appeals and any other civil matters, before the Appellate Division;

(b) civil appeals and any other civil matters, before the Court of Appeal; and

(c) criminal appeals and other criminal matters before the Court of Appeal.

(2) The term “skeletal arguments” includes “skeletal submissions”, “written submissions”, “written arguments” and all other variant terms by which such documents are known.

(3) Counsel should submit skeletal arguments for the hearing of the appeal or matter and give a copy to counsel for the other parties. Hard copies of skeletal arguments may be printed on one side or both sides of each page.

(4) Skeletal arguments are abbreviated notes of the arguments that will be presented. Skeletal arguments are not formal documents and do not bind parties. They are a valuable tool to the Judges and are meant to expedite the hearing of the appeal. These notes should comply with the following requirements:

(a) they should contain a numbered list of the points proposed to be argued, stated in no more than one or 2 sentences;

(b) each listed point should be accompanied by a full reference to the material to which counsel will be referring, i.e., the relevant pages or passages in authorities, the record of appeal (or the supplemental record of appeal), the bundles of documents, affidavits, transcripts and the judgment under appeal;

(c) for civil appeals and any other civil matters before the Court of Appeal, and civil appeals and any other civil matters before the Appellate Division, the final paragraph(s) should contain the parties' submissions on costs, stating (with reasons) the appropriate costs order and the quantum (including the disbursements incurred) that should be awarded by the Court;

(d) all pages should be paginated, with the first page (not including any cover page) numbered as “Page 1”;

(e) the minimum font size to be used is Times New Roman 12 or its equivalent;

(f) the print of every page shall be double-spaced; and

(g) every page shall have a margin on all 4 sides, each of at least 35mm in width.

Skeletal arguments for civil matters before the Court of Appeal and civil matters before the Appellate Division

(5) The need for parties to avoid prolixity in their “skeletal arguments” is emphasised. All skeletal arguments in civil matters before the Court of Appeal, and civil matters before the Appellate Division, shall not exceed 20 pages. Any skeletal arguments in breach of this requirement will be rejected. The cover page and backing page shall be excluded from any computation of the number of pages.

(6) Where the appeal or matter is before the Court of Appeal or the Appellate Division, the skeletal arguments must be filed by 4 p.m. on the Monday three weeks before the start of the sitting period of the Court of Appeal or the Appellate Division (as the case may be) within which that appeal or matter is scheduled for hearing, regardless of the actual day (within that sitting period) on which that appeal or matter is scheduled for hearing before the Court of Appeal or the Appellate Division. (For example, if the sitting period of the Court of Appeal starts on Monday, 18 February 2019 and ends on Friday, 8 March 2019, all skeletal arguments for appeals or matters listed before the Court of Appeal in that sitting period must be filed by 4 p.m. on Monday, 28 January 2019.) The skeletal arguments should be filed by tendering 4 hard copies to the Legal Registry of the Supreme Court and filing one soft copy through the Electronic Filing Service. Skeletal arguments filed in breach of this timeline will be rejected.

(7) As with other non-compliance with timelines, costs may be imposed against the party in default or his counsel personally in the event of non-compliance with sub-paragraph (6) above. Unless approval for late filing has been granted, the party in default may not file or tender these skeletal arguments in Court.

(8) Parties whose skeletal arguments have been rejected for filing may re-file their skeletal arguments, provided they comply with sub-paragraphs (4) to (7) above.

Further skeletal arguments for civil and criminal matters before the Court of Appeal and civil matters before the Appellate Division

(8A) Where the Court of Appeal orders further skeletal arguments (including any submissions on costs) to be filed for any civil or criminal matter, such skeletal arguments shall not exceed 10 pages unless otherwise directed by the Court of Appeal. Where the Appellate Division orders further skeletal arguments (including any submissions on costs) to be filed for any civil matter, such skeletal arguments shall not exceed 10 pages unless otherwise directed by the Appellate Division. Any skeletal arguments filed in breach of any requirement in this sub-paragraph will be rejected. The cover page and backing page shall be excluded from any computation of the number of pages.

Timelines for submission of skeletal arguments for appeal before the General Division

(9) Where the appeal is a civil appeal before the General Division, the skeletal arguments should be sent to the Legal Registry at least 2 working days before the hearing of the appeal.

(10) Where the appeal is a criminal appeal before the General Division, the skeletal arguments should be sent to the Legal Registry at least 10 days before the hearing of the appeal. Skeletal arguments filed in breach of this timeline will be stamped “Late Submission”.

Application of this paragraph to Court of 3 Judges

(11) Sub-paragraphs (1) to (8A) also apply to disciplinary proceedings, or appeals therefrom, brought under any statute, including the Legal Profession Act 1966 and the Medical Registration Act 1997, which are heard by a Court of 3 Judges.

90A. Applications in civil matters before the Court of Appeal and civil matters before the Appellate Division

(1) Unless otherwise provided by any written law or otherwise directed, reply affidavits (if any) for applications in civil matters before the Court of Appeal and civil matters before the Appellate Division are to be filed and served within 7 days after the date the application and the affidavit in support of the application (if any) are served on the party.

(2) No further affidavits shall be filed without the leave of the Court of Appeal or the Appellate Division (as the case may be).

(3) Unless otherwise provided by any written law or unless otherwise directed, parties are to file and serve written submissions (if any) in respect of the application before the Court of Appeal or the Appellate Division (as the case may be) within 7 days after the date the reply affidavit is due for filing and service. Parties shall include in the final paragraph(s) of the written submissions their submissions on costs, stating (with reasons) the appropriate costs order and the quantum (including the disbursements incurred) that should be awarded by the Court.

(4) The written submissions should comply with the following requirements:

(a) they should not exceed 20 pages, excluding the cover page and the backing page;

(b) all pages should be paginated, with the first page (not including any cover page) numbered as “Page 1”;

(c) the minimum font size to be used is Times New Roman 12 or its equivalent;

(d) the print of every page shall be double-spaced; and

(e) every page shall have a margin on all 4 sides, each of at least 35mm in width.

(5) If no affidavits or submissions are filed by the timelines prescribed by this paragraph, the Court of Appeal or the Appellate Division (as the case may be) will proceed on the basis that the party does not intend to file any affidavit or submissions and may, in accordance with section 55(1) or section 37(1) of the Supreme Court of Judicature Act 1969 (as the case may be), decide the matter based on the documents before it without hearing oral arguments.

90B. Applications to the Court of Appeal, and applications to the Appellate Division, for leave to appeal in civil matters

(1) Any written submissions in respect of:

(a) an application to the Court of Appeal under Order 57, Rule 2A of the Rules of Court for leave to appeal against a decision of the General Division; and

(b) an application to the Appellate Division under Order 56A, Rule 3 of the Rules of Court for leave to appeal against a decision of the General Division,

shall be in Form 31A or 31B of Appendix A of these Practice Directions.

(2) Any written submissions in respect of an application to the Court of Appeal under Order 57, Rule 2A of the Rules of Court for leave to appeal against a decision of the Appellate Division shall be in Form 32A or 32B of Appendix A of these Practice Directions.

(3) The written submissions mentioned in sub-paragraphs (1) and (2) should comply with the following requirements:

(a) they should not exceed 12 pages, excluding the cover page and the backing page;

(b) all pages should be paginated, with the first page (not including any cover page) numbered as “Page 1”;

(c) the minimum font size to be used is Times New Roman 12 or its equivalent;

(d) the print of every page shall be double-spaced; and

(e) every page shall have a margin on all 4 sides, each of at least 35mm in width.

(4) If no written submissions are filed in the Court of Appeal or the Appellate Division by the timelines prescribed by Order 57, Rule 2A or Order 56A, Rule 3 of the Rules of Court (as the case may be), the Court of Appeal or the Appellate Division (as the case may be) will proceed on the basis that the party does not intend to file any written submissions and may, in accordance with section 55(1) or section 37(1) of the Supreme Court of Judicature Act 1969 (as the case may be), decide the matter based on the documents before it without hearing oral arguments.

(5) This paragraph does not apply to any application for leave to appeal against a decision of the General Division made before 2 January 2021 against which no appeal was brought before 2 January 2021, in a case where leave of the Court of Appeal was required to bring an appeal to the Court of Appeal under section 34(2), (2A) or (4) of the Supreme Court of Judicature Act (Cap. 322, 2007 Rev. Ed.) as in force immediately before 2 January 2021. For any such application for leave to appeal, paragraph 90A sets out the directions for the filing of affidavits and written submissions.

91. Use of presentation slides for all proceedings before the General Division, Appellate Division, Court of Appeal and Court of 3 Judges

Subject to approval by the Court, parties may utilise presentation slides to assist in oral submissions before the Court. Presentation slides may be projected in the courtroom or hearing chambers when oral submissions are made. Presentation slides shall comply with the following standards:

Typeface

(1) A clear typeface such as Arial or Times New Roman should be used; care should be taken to ensure that the font used is of at least a size equivalent to Arial font size 32. Bold and italicised fonts should be used sparingly.

Colours

(2) There should be sufficient contrast between the slide background and text: it is preferable to use black or dark fonts with a light background. The colours used in slide backgrounds should be muted and preferably monochromatic.

Animation and sounds

(3) Animation of slides or elements within a slide should be avoided; similarly, sounds should not be incorporated in the presentation slides unless they are necessary.

Corporate logos

(4) Corporate logos of the law practice may be displayed on the presentation slides. Care should be taken to ensure that the size and location of corporate logos do not distract from the substance of the presentation slides.

92. Further arguments before the Court of Appeal and the Appellate Division

(1) From time to time, requests are received for further arguments to be presented before the Court of Appeal or the Appellate Division after the conclusion of the hearing of the appeal. Such requests should not be made as all relevant arguments should have been presented at the hearing proper.

(2) The Honourable the Chief Justice has therefore directed that as a general rule, unless asked for by the Court of Appeal or the Appellate Division itself, the Court of Appeal and the Appellate Division will not receive further arguments after the conclusion of the hearing of the appeal.

(3) The general rule will be relaxed in only very exceptional circumstances, e.g., if an authority not available at the hearing would be decisive. Counsel seeking to submit further arguments should therefore satisfy themselves that very exceptional circumstances exist. If they are of the view that such circumstances do exist, they must also seek the consent of the other parties to their request.

(4) All requests for further arguments shall be made by filing a Request through the Electronic Filing Service and should:

(a) state the party making the requests;

(b) identify the Judges constituting the Court of Appeal or the Appellate Division who heard the matter in question;

(c) specify when the order concerned was made;

(d) state the very exceptional reasons which justify the request;

(e) state whether the other parties consent to the request;

(f) set out the proposed further arguments briefly, together with any authorities; and

(g) include a copy of each of the authorities cited.

(5) Any request for further arguments must be received by the Registrar within one week after the conclusion of the hearing of the appeal, failing which it cannot be considered and will be rejected.

(6) A copy of the request should be furnished to all parties concerned.

(7) All requests should be addressed to the Registrar.

92A. Lapse or cancellation of Grant of Aid under the Legal Aid and Advice Act 1995 and the Legal Aid and Advice Regulations

(1) Where a Grant of Aid lapses or is cancelled in the course of any proceedings in the Court of Appeal or the Appellate Division, counsel should promptly notify the Court of Appeal or the Appellate Division (as the case may be) of the lapse or the cancellation in writing. This is given that questions may arise from the lapse or the cancellation of a Grant of Aid as to whether security for costs would need to be furnished to enable the proceedings in the Court of Appeal or the Appellate Division (as the case may be) to continue to be pursued.

(2) For the avoidance of doubt, “Grant of Aid” in sub-paragraph (1) means a document issued under section 8 of the Legal Aid and Advice Act 1995 stating that legal aid is granted to a person (whether on a provisional basis or otherwise).

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