Back in May 2024, we reported on the formal Consultation on sweeping changes to the Rules and procedures regarding Privy Council cases. The Response to the Consultation has now been published, together with revised new Rules and anticipated commencement date.
The proposed new Judicial Committee of the Privy Council (JCPC) Rules are part of a wider three-year Change Programme at the UK Supreme Court. The Change Programme is intended to deliver a world-leading service which is user-friendly and modern. It includes the delivery of a new online case management system (the “Portal”), new websites, updated processes and ways of working. The aim is to enhance justice for all and increase public trust in the public sector, both domestically and internationally.
Update on Implementation Timetable and revised new Rules
The JCPC has now issued a formal Response to the Consultation together with revised draft Rules. The revised Rules remain in draft and we await a final version before reporting back fully on the final changes to the Rules.
In the meantime we can report that:
- A final version of the new Rules is likely to be published in October 2024, with commencement anticipated in December 2024. The timetable for JCPC appeals is changing substantially.
- The new JCPC Website and online case management “Portal” is also likely to be launched in December 2024 to coincide with the commencement of the new Rules.
- The development of much of the new Portal is complete following user testing. The Portal will include a two-way interactive portal for users, digitalisation of court forms, case tracker, e-payments, task management and electronic service via the Portal for legally represented parties.
- The design and technical build of the new website is complete and undergoing user testing.
- Existing cases and those whose Notice of Appeal is filed before the new Rules come into force will continue to follow the existing Rules.
Update on early review of merits procedure
- In light of the overwhelming opposition on the proposed new Rule 23 (early merits review), the JCPC has decided not to proceed with proposed Rule 23 and has suspended the operation of PD 4.7.1 pending further consultation on a suitable case management arrangement.
- The new case management arrangement under consultation is that all JCPC appeals “as of right” will be reviewed once the Notice of Appeal and accompanying documents plus any Notice of Acknowledgement are filed. Any appeal which appears to contravene the rule in Devi v Roy [1946] AC 508 (i.e. seeks to overturn concurrent findings of fact) will be referred for directions and a short case management hearing, at which the appeal may be dismissed.
- This means that the possibility of an appeal being summarily dismissed for being devoid of merit is no longer applicable.
- We attended the JCPC User Group meeting in July 2024 held to discuss this new case management arrangement and we await publication of the revised Practice Directions.
The Response of the JCPC and current draft Rules are available here.
If you have any questions, contact Privy Council team members Nicola Diggle, Louise di Mambro OBE or Joe Cowles.
