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r 73

Settling an appeal

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73 Settling an appeal

(1)

The parties to an appeal may lodge a Form 24 (Consent notice), modified as necessary, stating the final order that the parties consent to being made in the appeal.

(2)

When a consent notice is lodged, the registrar must refer it to a judge who may direct the registrar —

(a)

to issue a final order in accordance with the notice; or

(b)

to notify the parties that the judge will decide the final orders at a hearing.

(3)

A settlement or compromise of an appeal to which a person who appears to the court to be under disability (as defined in the RSC Order 70 rule 1) is a party has no effect unless it is approved by a judge of appeal.

(4)

An application for the approval of a judge of appeal must be lodged with an affidavit and, unless a judge of appeal orders otherwise, an opinion by an independent legal practitioner.

[Rule 73 amended: SL 2022/74 r. 5.]

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