Privy Council · Current and transitional procedure
What time limit and facts govern substitution after death on appeal before the Privy Council?
Apply for substitution within 42 days of the notice. Immediate notification of death is distinct from the later substitution application; the appeal cannot proceed until substitution.
- Period
- Apply for substitution within 42 days of the notice
- Trigger
- Notice of death to the Registry
- Rule
- JCPC current PD paragraph 8.3
The substitution after death on appeal guide uses the retained current 2024 Rules and maintained official practice directions, including the September 2026 updates. Rule 63 separately preserves qualifying proceedings begun or filed before December 2, 2024 unless otherwise directed. Non-portal filing alone does not establish that transition.
Source guide · No automated date
Check the applicable procedure
JCPC current PD paragraph 8.3. Apply for substitution within 42 days of the notice. Immediate notification of death is distinct from the later substitution application; the appeal cannot proceed until substitution. Confirm the actual substitution after death on appeal route and completion facts before selecting an endpoint. This guide gives no calculated date or paid calculation.
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What time limit and facts govern substitution after death on appeal before the Privy Council?
Apply for substitution within 42 days of the notice. Immediate notification of death is distinct from the later substitution application; the appeal cannot proceed until substitution.
Responsible actor. The representative seeking substitution for a deceased appeal party.
Notice of death to the Registry
Immediate notification of death is distinct from the later substitution application; the appeal cannot proceed until substitution.
The representative seeking substitution for a deceased appeal party. Apply for substitution within 42 days of the notice. Immediate notification of death is distinct from the later substitution application; the appeal cannot proceed until substitution.
JCPC current PD paragraph 8.3How does this provision count time?
- Apply for substitution within 42 days of the notice
- File the substitution application, fee and supporting reasons.
- Immediate notification of death is distinct from the later substitution application; the appeal cannot proceed until substitution.
For substitution after death on appeal, retain the source’s exact event and unit. Rule 7 distinguishes electronic filing from actual tracked delivery, while Rule 8 separates portal email-alert service during office hours from its next-business-day treatment outside those hours. Apply for substitution within 42 days of the notice.
For substitution after death on appeal, Rule 6(4)(a) carries an act done at the Registry to the next open day when its last day is closed. Rule 6(4)(b) uses midnight in the place where the person acts. These provisions do not make every hearing countback or service event a generic London working-day calculation.
JCPC current PD paragraph 8.3Which facts prevent one automatic date?
JCPC current PD paragraph 8.3. Apply for substitution within 42 days of the notice. Immediate notification of death is distinct from the later substitution application; the appeal cannot proceed until substitution. Confirm the actual substitution after death on appeal route and completion facts before selecting an endpoint. This guide gives no calculated date or paid calculation.
The representative seeking substitution for a deceased appeal party has evidence of notice of death to the Registry. Apply for substitution within 42 days of the notice. File the substitution application, fee and supporting reasons. Immediate notification of death is distinct from the later substitution application; the appeal cannot proceed until substitution. Establish the actual substitution after death on appeal facts before selecting a final date.
The proposed substitution after death on appeal endpoint meets a Registry closure or a service alert outside office hours. For substitution after death on appeal, retain the source’s exact event and unit. Rule 7 distinguishes electronic filing from actual tracked delivery, while Rule 8 separates portal email-alert service during office hours from its next-business-day treatment outside those hours. Apply for substitution within 42 days of the notice. For substitution after death on appeal, Rule 6(4)(a) carries an act done at the Registry to the next open day when its last day is closed. Rule 6(4)(b) uses midnight in the place where the person acts. These provisions do not make every hearing countback or service event a generic London working-day calculation. Identify the precise substitution after death on appeal act and place. A Registry carry and an effective service date are separate questions.
Immediate notification of death is distinct from the later substitution application; the appeal cannot proceed until substitution. The source contract for substitution after death on appeal requires notice of death to the Registry. File the substitution application, fee and supporting reasons. Do not replace the missing source facts with a raw catalog period.
Which conditions and exceptions apply?
- Actor and completed substitution after death on appeal step
- The representative seeking substitution for a deceased appeal party. File the substitution application, fee and supporting reasons.
- Controlling substitution after death on appeal event and branch
- Notice of death to the Registry. Immediate notification of death is distinct from the later substitution application; the appeal cannot proceed until substitution.
- Counting and completion for substitution after death on appeal
- For substitution after death on appeal, retain the source’s exact event and unit. Rule 7 distinguishes electronic filing from actual tracked delivery, while Rule 8 separates portal email-alert service during office hours from its next-business-day treatment outside those hours. Apply for substitution within 42 days of the notice. For substitution after death on appeal, Rule 6(4)(a) carries an act done at the Registry to the next open day when its last day is closed. Rule 6(4)(b) uses midnight in the place where the person acts. These provisions do not make every hearing countback or service event a generic London working-day calculation.
- The representative seeking substitution for a deceased appeal party. Apply for substitution within 42 days of the notice. Immediate notification of death is distinct from the later substitution application; the appeal cannot proceed until substitution.
- Substitution after death on appeal concerns the representative seeking substitution for a deceased appeal party and file the substitution application, fee and supporting reasons. Appeal after bankruptcy or winding up is a distinct step and does not establish this procedure’s actor, event or completed act.
What must the responsible actor complete?
Questions about this procedure
What time limit and facts govern substitution after death on appeal before the Privy Council?
What time limit governs substitution after death on appeal?
Apply for substitution within 42 days of the notice. Immediate notification of death is distinct from the later substitution application; the appeal cannot proceed until substitution.
JCPC current PD paragraph 8.3Which event starts or anchors substitution after death on appeal?
Notice of death to the Registry. The representative seeking substitution for a deceased appeal party must identify this event in the actual case records.
JCPC current PD paragraph 8.3What completes substitution after death on appeal?
File the substitution application, fee and supporting reasons. Immediate notification of death is distinct from the later substitution application; the appeal cannot proceed until substitution.
JCPC current PD paragraph 8.3Is notifying death enough to substitute a representative?
No. PD 8.2 and 8.3 separate immediate notification from the application and approval of substitution.
JCPC current PD paragraph 8.3Does the 42 days run from the actual death date?
PD 8.3 identifies notice of death as the anchor. Retain the death and Registry-notification records.
JCPC current PD paragraph 8.3Can merits steps continue before the replacement party is approved?
PD 8.2 states that the appeal cannot proceed until the new party is substituted.
JCPC current PD paragraph 8.2Official sources and review
Provisions used (7)
| Provision | Purpose |
|---|---|
| JCPC current PD paragraph 8.3 | Check the identified procedure, event, counting rule or qualification |
| JCPC current PD paragraph 8.2 | Check the identified procedure, event, counting rule or qualification |
| JCPC Rules 2024 rule 39 | Check the identified procedure, event, counting rule or qualification |
| JCPC Rules 2024 rule 6 | Check the identified procedure, event, counting rule or qualification |
| JCPC Rules 2024 rule 7 | Check the identified procedure, event, counting rule or qualification |
| JCPC Rules 2024 rule 8 | Check the identified procedure, event, counting rule or qualification |
| JCPC Rules 2024 rule 63 | Check the identified procedure, event, counting rule or qualification |