QU OF NT AT A FE RU

BERMUDA

CIVIL APPEAL RULES 1971

SR&O 61 / 1971

[made under section 18 of the Civil Appeals Act 1971 [title 8 item 85] and brought into operation on 25 September 1971]

WHEREAS [blank] has appealed to the Supreme Court against the decision of THE WORSHIPFUL [blank] dated the [blank] day of [blank] 19 [blank]

AND WHEREAS THE HONOURABLE [blank] has ordered that [blank]

NOW THEREFORE the decision and order of the Supreme Court are hereby certified to the Court below.

Dated this [blank] day of [blank] 19 [blank] ............................ Registrar

To the Worshipful Senior Magistrate.

CIVIL APPEAL RULES 1971

SCHEDULE

SECOND SCHEDULE

FEES

1 On filing in the court of summary jurisdiction an $50.00 application for leave to appeal:

2 On filing an application for leave to appeal in the $75.00 Court:

3 On filing notice of appeal where leave granted: $75.00

4 On filing notice of intention to appeal: $75.00

5 On filing notice of appeal against a final judgment or $100.00 decision:

6 On filing motion or application for extension of time:— If the time has not yet expired: $50.00 If the time has already expired: $60.00

7 On filing any motion or application not otherwise $75.00 provided for:

8 On filing additional or amended grounds of appeal $35.00 with the leave of the Court:

9 On amending or adding to grounds of appeal by leave $35.00 or direction of the Court at the hearing:

10 On application for the fixing of hearing date: $75.00

11 Hearing fee payable in advance: $100.00

12 On filing notice of abandonment of appeal: $20.00

13 On every certificate of the order of the Court made on $75.00 the final determination of appeal: In respect of matters not specifically provided for above the fees set out in the Third

Schedule to the Rules of the Court of Appeal for Bermuda shall apply mutatis mutandis to appeals under these Rules. [Second Schedule amended by BR 11 / 2024 rule 2 effective 1 March 2024]

CIVIL APPEAL RULES 1971

THIRD SCHEDULE

SCALES OF FEES PAYABLE TO BARRISTERS AND ATTORNEYS

Instructions

1 Instructions to file notice of intention to appeal: 25.00

2 Instructions to act for a respondent: 25.00

3 In any case where notice of intention to appeal if filed but no appeal is subsequently lodged, the respondent shall be entitled to an inclusive sum of costs of: 25.00

4 Instructions to file any application: 25.00

5 Instructions to appear for the respondent on any application: 25.00

6 Instructions to appeal or to oppose an appeal - such sum as the Registrar may allow as reasonable having regard to all the relevant circumstances of the case. If another legal representative is retained to act as counsel the sum allowed under this item shall be appropriately reduced having regard to the brief fee and other fees to counsel which may be allowed so that the total amount of the bill shall not exceed the amount which would have been allowed if only one legal representative had acted throughout.

7 Drawing, filing and service of notice of intention to appeal: 15.00

8 Notice of motion and relative motion paper: 15.00

9 Affidavit, per foolscap page: 45.00

10 Notice of address for service: 10.00

11 Drawing, filing and serving of notice of appeal or cross-appeal: 25.00

12 Bill of costs, per page: 10.00

13 Proof of witnesses, per page: 5.00

14 Index of record, per page: 5.00

15 Order, per page: 15.00

16 Any other necessary document to be filed or used in Court, per page: 1.50

17 Preparation for hearing, per 1/2 hour: 30.00

18 Copy of record or other document—

(a) printed or carbon per page: .50

(b) photographic copy per sheet: discretionary Attendances

19 On the magistrate or the Registrar in Chambers, per 1/2 hour: 25.00

20 On a Judge in Chambers, per 1/2 hour: 25.00

21 In Court, on the hearing of any application or appeal, per 1/2 hour: 30.00

22 In Court to hear judgment: 30.00

CIVIL APPEAL RULES 1971

[Amended by: BR 8 / 1986

BR 11 / 2024]