Court Procedures Rules 2006

If a respondent wants to appeal from all or part of the order appealed from, or wants an amendment of the order, the respondent need not start a substantive appeal.

However, the respondent must—

file a notice of cross-appeal in the Supreme Court not later than 28 days after the day the notice of appeal is served on the respondent, or not later than any further time allowed by the Supreme Court; and

serve a sealed copy of the notice of cross-appeal, not later than 7 days after the day the notice of cross-appeal is filed, but no later than 5 days before the day for settling the appeal papers, unless the Supreme Court otherwise orders, on the following:

each appellant and any other respondent;

any other party to the proceeding in which the order appealed from was made (the original proceeding) who would be directly affected by the order that the respondent seeks.

See approved form 5.5 (Supreme Court—notice of cross-appeal) AF2006-389.

Pt 6.2 (Applications in proceedings) applies to an application for further time.

For the use of a notice of contention instead of a notice of cross-appeal, see r 5115.

If a party mentioned in subrule (2) (b) (ii) filed a notice of intention to respond or defence (however described) in the court or tribunal that made the order appealed from, or otherwise gave the court or tribunal an address for service (however described), the notice of cross-appeal may be served on the party at the party’s address for service (however described) in the original proceeding.

Part 6.8 (Service) applies to this rule as if a reference to an address for service were a reference to an address for service mentioned in subrule (3).

See in particular r 6420 (Ordinary service—address for service).

The notice of cross-appeal must state—

whether the appeal is from all or part of the order or seeks an amendment of the order; and

if the appeal is from part of the order or seeks an amendment of the order—the part the respondent cross-appeals from; and

either—

the order that the respondent seeks instead of the order cross-appealed; or

the amendment of the order that the respondent seeks; and

whether the respondent will seek to put further evidence before the Supreme Court; and

if further evidence is to be put before the Supreme Court—briefly the nature of the evidence and what is sought to be proved; and

briefly, but specifically, the grounds relied on in support of the appeal, including, in particular, any grounds on which it is contended that there is an error of law in the order appealed from.

On the hearing of a cross-appeal, the respondent bringing the cross‑appeal must not, without the Supreme Court’s leave—

raise any question that is not stated in the notice of cross‑appeal; or

rely on any ground in support of—

the order sought that is not stated in the notice of cross‑appeal; or

the amendment of the order sought that is not stated in the notice of cross-appeal.

Pt 6.2 (Applications in proceedings) applies to an application for leave.