Suitors' Fund Act 1964

An indemnity certificate granted to a respondent in respect of an appeal, being an appeal in a sequence of appeals, is vacated if —

in a later appeal in the sequence the successful party to the appeal is the one to whom the indemnity certificate was granted; or

an indemnity certificate is granted in respect of a later appeal in the sequence and the respondent to the earlier appeal is a party to the later appeal.

An indemnity certificate granted to a respondent in respect of an appeal —

where a time is limited for appealing against the decision in the appeal, is inoperative during the time so limited;

where a time is not limited for appealing against the decision in the appeal, is inoperative until an application for leave to appeal against that decision has been determined and where leave to appeal is granted, until the appeal is instituted, or until the respondent lodges with the Board a written undertaking by him that he will not apply for leave to appeal or appeal against the decision in the appeal, whichever first happens; and

is, where the decision in the appeal is the subject of an appeal, inoperative during the pendency of the appeal notwithstanding the foregoing provisions of this subsection.

Where the appeal and a later appeal or later appeals form a sequence of appeals and the indemnity certificate has not been vacated under subsection (1), any reference in subsection (2) —

to the decision in the appeal shall be construed as including a reference to the decision in the later appeal or in each such later appeal, as the case may be; and

to the pendency of the appeal shall be construed as including a reference to the pendency of the later appeal or of each such later appeal, as the case may be.

(a) Where an undertaking has been given by a respondent under subsection (2)(b) and thereafter the respondent applies for leave to appeal or appeals against the decision in respect of which the undertaking was given, the respondent shall, upon written demand being made in that behalf by the Board, pay to the Board any amount paid to him, or for and on his behalf under the indemnity certificate and in default of payment of the amount by the respondent in accordance with the demand, that amount may be recovered by the Board from the respondent as a debt in any court of competent jurisdiction.

Any amount paid to or recovered by the Board under this subsection shall be credited by it to the Fund.

Nothing in this section affects the operation of subsection (1).