Insights Supreme Court responds to consultation and publishes new draft rules

The Supreme Court has published its response to the consultation on the revision of the Supreme Court Rules.

We previously commented on the consultation here. It arose as part of the Court’s three-year ‘Change Programme’ during which, among other things, a new case management system known as ‘the portal’ would be introduced to “deliver an end-to-end service to all Court users”. The consultation response confirms that the Court has decided to maintain the requirement that all legal representatives should use the portal not least because “the best way to encourage parties to adopt the new and more efficient way of working via the portal is to make it mandatory”. To address concerns raised by some about ensuring that users are provided with resources to familiarise themselves with the operation of the portal, the Court confirms that “the Registry will assist parties or their representative who encounter technical difficulties or require assistance navigating the portal”.

The other substantive subject of the Court’s consultation was the proposal that the 28-day time limit for filing an application for permission to appeal should run from the date of refusal of permission by the court below, rather than from the date of the decision or order appealed against. The response states that all consultees who responded to this matter agreed with the proposal. Therefore, the draft rules include provisions for the procedure for such appeals, as well as provisions on other matters such as the removal of the automatic extension of time in Legal Aid cases, the effective date of Orders, and the revised procedure concerning the publication and disposal of documents.

The draft revised Supreme Court Rules are set out in full in an Annex to the Court’s consultation response and can be read here. They are expected to come into force in December 2024.