On 25/05/2013,
you requested for the version in force on 25/05/2013
incorporating all amendments published on or before 25/05/2013.
The closest version currently available is that of 01/04/2006.
7.
—(1) The originating summons in respect of an application for leave under section 49(3)(b) of the Act to appeal on a question of law arising out of an award shall be for an order that such leave be granted and for a further order that, in the event that leave is granted, the appeal be heard and determined.
(2) The originating summons shall identify the award and state as briefly as possible the questions of law which will be raised in the appeal.
(3) Within 28 days after the originating summons is filed, the plaintiff shall serve on the defendant —
(a)
the affidavit in support of the application for leave as provided in paragraph (4);
(b)
the Plaintiff’s Proposed Case as provided in paragraph (6);
(c)
a core bundle of documents in the form as provided in paragraph (9).
(4) The affidavit in support of the application for leave to appeal shall set out any evidence relied on by the plaintiff for the purpose of satisfying the Court of the matters mentioned in section 49(5) of the Act and for satisfying the Court that leave should be granted.
(5) Rule 6(2) (return date) shall apply to the application for leave as it applies to the appeal therein.
(6) Rule 6(4) (Appellant’s Case) shall apply to the Plaintiff’s Proposed Case as it applies to the Appellant’s Case therein.
(7) Within 28 days after being served with the originating summons and the affidavit in support of the application, the defendant, if he wishes to contest the application for leave, shall file and serve an affidavit stating the grounds on which he opposes the grant of leave and setting out any evidence relied on by him relating to the matters mentioned in section 49(5) of the Act.
(8) Within 28 days after being served with the Plaintiff’s Proposed Case and the core bundle of documents, the defendant shall also file and serve the Defendant’s Proposed Case.
(9) Rule 6(5) (Respondent’s Case), Rule 6(6) (grounds not expressed in award), Rule 6(7) (reference to authority), Rule 6(8) (core bundle), Rule 6(9) (supplemental core bundle), Rule 6(10) (security for costs) and Rule 6(11) (withdrawal of appeal) shall apply to an application under this Rule as they apply to an appeal under that Rule.
(10) Where leave to appeal is granted by the Court, the hearing of the substantive appeal may be proceeded with forthwith on the basis of the Proposed Cases and documents filed.
(11) Where leave to appeal is refused by the Court, notwithstanding Order 91, Rule 3(2)(b), the parties may apply for refund of any fee paid for the Proposed Cases in accordance with Order 91, Rule 3 within 3 months after the date of such refusal.