Revised Practice Directions

Revised Practice Directions

Changes that have come into effect from October 2016

7 October 2016

1. This note explains the minor amendments which have been made to the Practice Directions.

Costs of responding to unsuccessful applications for permission to appeal in the Supreme Court

2. The Justices wish to encourage notices of objection to be brief and concise in order to keep costs down. Having consulted the User Group, amendments to UKSC PD 3 paragraphs 3.1.10 and 3.5.5 have been prepared.

The Statement of Facts and Issues

3. A point which was raised at the last User Group meeting was that the statement of facts and issues should be a neutral document: it is not a vehicle for advancing a party's case.

4. UKSC PD 5.1.3 is amended by adding the following sentences at the end of those paragraphs.

"The statement of facts and issues is a neutral document and is not to be used to argue a party's case. It is the professional duty of the parties' legal representatives to co-operate to produce the statement."

Scotland Act 2016

5. The Scotland Act 2016, section 11 amends the Scotland Act 1998 to add additional provisions under which references may be made to the Supreme Court. It is necessary to amend UKSC PD10 paragraphs 10.1.2 and 10.1.5 to include these new provisions.


6. The Practice Directions make no express provision for the issue of a default costs certificate to a receiving party where the paying party fails to file points of dispute. Similarly, the Practice Directions do not expressly provide for a detailed assessment on the papers where there is no need for an oral hearing as one party is not taking part.

7. New paragraphs 10.6 and 13.5 are added to UKSC PD 13.

Louise di Mambro
October 2016