Explanatory note
This note is not part of the rules, but is intended to indicate their general effect.
The rules replace rule 10 of the principal rules to update the way documents may be filed and served. New rule 10 allows for a document to be filed and served in an electronic form and sets out when a document is considered to have been received by the relevant electronic system.
The rules make a change to rule 10A of the principal rules, which incorporated by reference the Senior Courts Civil Electronic Document Protocol (the Protocol). The Protocol that was in force at the time rule 10A was inserted in the principal rules in 2019 was published on 22 May 2017. It is this 2017 Protocol that was incorporated by reference in rule 10A.
However, on 1 March 2019, a revised Protocol was published (and later amended on 15 May 2019). Rule 10A is replaced with new rule 10A (which is former rule 12A that was revoked on 1 March 2019) to eliminate the need to amend the rules every time the Protocol is amended. New rule 10A requires parties to have regard to any practice note issued by the President of the Court of Appeal rather than referring expressly to the Protocol.
The rules also make changes to the principal rules to—
allow the Court of Appeal to receive electronic filing of civil initiating documents; and
clarify the distinction between the extensions of time or suspensions the Court of Appeal or a Registrar may grant under rules 43(1B) and (2) and 5A(1)(c) of the principal rules.
Issued under the authority of the Legislation Act 2012.
Date of notification in Gazette: 22 April 2021.
These rules are administered by the Ministry of Justice.