News and Events

New EAT Practice Direction

  • Posted

The new EAT Practice Direction has now been published. It came into force on Monday (9th December).

Some practical points to note:
• the Notice of Appeal must state the order the Appellant will ask the EAT to make (as well as the grounds of appeal);
• it is now the responsibility of the parties, and ultimately the Appellant, to prepare the appeal bundles (this was previously done by EAT staff). Practice Direction 6 sets out the required contents of the bundle. For preliminary hearings, four copies of the bundle must be lodged at least two weeks before the hearing. For full hearings, four copies of the bundle must be lodged at least seven weeks before the hearing.
• cases will be considered on paper to sift them into one of four categories:
1. rule 3(7) cases - i.e. where the EAT lacks jurisdiction and the appeal is rejected summarily;
2. cases requiring a preliminary hearing
3. cases that can go straight to a full hearing; and,
4. cases that go straight to a full hearing, but are fast-tracked. This will normally include appeals against interlocutory decisions, appeals where the outcome of other cases will depend on the decision or appeals involving a reference to the ECJ or a declaration of incompatibility under the Human Rights Act
• Skeleton arguments must be lodged at least 10 days (previously 7) before a preliminary hearing, or 21 days (previously 14) before a full hearing. The Appellant must include a chronology with its skeleton.
• transcripts will not be provided of decisions where reasons are given verbally at the hearing
The Practice Direction is set out below.