Application form for grant of permission

The recent procedural rules of the Supreme Court provide for a change in the application process for a grant of permission. A request for a grant of permission to the Supreme Court is made when a party to a case, after the case has been heard in the First Instance Court and the Court of Appeal, requests permission to appeal its case for the third and final time to the Supreme Court. To apply for a grant of permission, the Legislature has provided a specific form that needs to be completed and filed, and certain measures must be taken to ensure its legality.

The following are contained in the rule:

1. The rules provide a specific form titled “Document 1, Request for Grant of Permission.”
2. The applicant, when completing the form, must attach the decision of the First Instance Court, the appeal notification that was submitted to the Court of Appeal, and the Court of Appeal decision.
3. The applicant should also provide the legal issues arising from the decision of the Court of Appeal and the reasons why the Supreme Court should grant the permit to the applicant.
4. The applicant should also deliver to the other party the request for a grant of permission.

The completed form should be submitted to the court within 42 days from the day the Court of Appeal’s decision is published. The other party also has 14 days from the day the request is delivered to them to submit a notification of appeal to the request. When examining the application, the Supreme Court will consider the legal issues of the Court of Appeal’s decision. These legal issues should be related to jurisprudence, interpretation, an issue of public interest, an issue of public importance, and a question of legal coherence.

The new rules that include the application form provide better guidance for a permit to succeed. It is now clear what information should be included in the permit. Additionally, the Supreme Court has provided precedents on the issues that will be considered as part of such application. Lawyers and appellants are now better guided by the court on the criteria to grant the permit and can use the guidance to submit a successful application.

Christys & Co LLC team is experienced in the full spectrum of commercial and corporate litigation, dispute resolution and regulatory issues that our clients face. Our team is well-suited to guide you through the regulations surrounding Supreme Court proceedings.