Respondent - Civil

What happens first?

Once you or your advocate has been served with the appellant's notice of appeal, the matter will be set down for a directions hearing, unless the court thinks it unnecessary.

This initial directions hearing usually only lasts about half an hour. Although there will be two judges sitting at the main hearing of the appeal, there will only be one judge sitting at the directions hearing. The judge will set out the timetable for the case, and give out any instructions as to the dates for the filing of documents.

Do I have to attend the initial (directions) hearing?

If you are a litigant in person, you will have to attend the directions hearing. However if you are legally represented, you are not required to attend the initial hearing if you have agreed this with your advocate.

What do I do when I get to court?

When you arrive at the courthouse you will have to pass through security. You or your advocate should then let the main courthouse reception know that you have arrived. They will tell you which courtroom you need to go to, and where the correct waiting area is.

When it is time to go into court you will be called.

Who will be in the courtroom?

The Staff of Government Division is usually an 'open' court. This means you should expect to see the following people in the courtroom:

the two judges;
the appellant and/or their advocate;
your advocate if you have one;
the court clerk;
the court usher;
the media (newspapers, radio etc); and
any members of the public sitting in the public gallery.

What should I call the judges?

Both the judges are Deemsters, and are addressed as:

Your Honour

How should I behave in court?

Please switch off or silence your mobile phone or pager before coming into the courtroom. Items such as video cameras, tape recorders, radios or other electronic equipment are not allowed in the courtroom.

As this court is an "open court", you must stand while addressing the judge, or if they are addressing you, unless you are seated in the witness box. If you wish to be seated rather than standing you may be able to gain the permission of the judge to do so depending on your reasons. When you are standing, do not fold your arms across your chest or put your hands in your pockets. You must be polite at all times, never shout or use vulgar expressions or interrupt someone else while they are speaking. You must remain calm, everyone will get their turn to speak. Do not interrupt the judge, be aware if you are rude to the judge you may be charged with contempt of court.

If you wish to hand any documents to the judge you must ask for permission. You must then hand them to the court clerk or usher, who will then pass them to the judge.

The hearing

At the main hearing of the appeal there will be two judges. Neither of the judges will have been involved with the original case.

If you are a litigant in person you will then set out your case to the two judges. If you have an advocate then they will do this for you. The appellant or their advocate will try and persuade the judges that the original decision in the lower court was wrong. You, or your advocate, if you are legally represented, will then set out your case as to why the original decision was correct.

The appeal court will not ordinarily hear oral evidence or evidence which was not before the lower court, however if the court orders otherwise either party/advocate may recall any witnesses from the first trial to give evidence again. They may call any new witnesses, but only with the court's prior permission.

If you are asked to give your evidence again then:-

you will go through your evidence first, your advocate if you are represented may take you through your evidence;
the appellant or their advocate then may wish to ask you some questions in response;
you may then clarify your evidence, or your advocate can ask you some questions clarification; and
the judges may ask you any questions they have.

Judgment/Final hearing

Once an order is made, you will get a copy sent to you and/or your advocate. If it is a complex matter, the judges may delay making their decision to a future date so as to allow them more time to make their final judgment. This can take from a few weeks to several months.

The written reasons for judgment may be drafted by the court and sent out to all the parties prior to being pronounced in court. Rule 10.4(7) states that the draft judgment, or any of its contents, may not be communicated to any other person (except a party or the advocate for that party). They will be handed down in court (usually a few days later). You and/or your advocate will be required to come to court to hear it handed down.

Final written judgments may be published on Judgments Online at the discretion of the judge.

Please be aware that, under section 27(4) of the High Court Act 1991, all court proceedings are digitally recorded. For further information please refer to our In-Court Technology section.

Courts of Justice