Robert Lee Flicicinger v. Immigration Department

IN THE COURT OF APPEAL

1987, No. 52
(Civil)

Headnote

Appellants in the Court of Appeal reminded of Practice Direction re lodging lists of authorities.

(NB. The Direction applies equally to proceedings before the Full Bench or a Judge of the High Court).

IN THE COURT OF APPEAL

1987, No. 52
(Civil)

BETWEEN

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BETWEEN

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Coram: Hon. Cons, V.-P., Clough, J.A. & Nazareth, J.

Date of hearing: 2nd July, 1987.

Cons, V.-P.:

1. Before we invite Mr. Bunting to open this appeal may we draw attention to a Practice Direction of long standing, part of which reads as follows:

"As early as possible before the hearing of proceedings in the Court of Appeal and, in any event, not less than two clear days before the hearing, excluding public holidays, every party or his solicitor must lodge with the Clerk of the Court a list (in triplicate) of the law reports, textbooks and other authorities it is intended to cite."

2. We regret to say that this direction is frequently more honoured in the breach than in the observance. For example, in this very appeal the Respondent's list was not lodged until shortly after lunch yesterday, while the Appellant's list, although that is hardly the right term for it, did not reach my clerk until 4.30 in the afternoon and then only by way of a telephone call. This is simply not good enough. We would like it to be generally noted that an Appellant's solicitors who do not in future comply with the Practice Direction may well find that this division takes the view that the appeal is insufficiently prepared and will adjourn it to another date.

Michael Bunting and Rupert Spicer (M/s Haldane Midgley & Co.) for Appellant/Applicant

Bernard Whaley Crown Counsel (Legal Department) for Respondent