5416Appeals to Court of Appeal—notice of contention

5416 Appeals to Court of Appeal—notice of contention (1) A respondent need not file a notice of cross-appeal if the (a) proposes to contend that a question of fact or law has been incorrectly decided against the respondent but does not seek to have the order appealed from set aside or the order amended; or (b) wants to contend that the order appealed from should be confirmed on a ground other than the ground relied on by the (a) file a notice of contention in the court not later than 28 days after the day the notice of appeal is served on the respondent, or not later than any further time allowed by the Court of Appeal; and Note 1 See approved form 5.13 (Court of Appeal—notice of contention) AF2015-57. Note 2 Pt 6.2 (Applications in proceedings) applies to an application for (b) serve a stamped copy of the notice of contention, not later than 7 days after the day the notice of contention is filed, but no later than 5 days before the day for settling the appeal papers, unless the Court of Appeal otherwise orders, on the following: by the order that the respondent seeks; and (c) give notice to the appellant of the record of evidence or documents before the court relevant to the respondent’s contention, for inclusion in the appellant’s draft index of the appeal papers; and Rule 5416 (d) when the appeal papers are being settled, ask the Court of Appeal to include the record of evidence or documents in the appeal papers. (3) The notice of contention must state— (a) the contention; and (b) briefly, but specifically, the grounds relied on in support of the contention. (4) On the hearing of a contention, the respondent making the contention must not, without the Court of Appeal’s leave— (a) raise any question that is not stated in the notice of contention; or contention; or notice of contention. Appeals to Court of Appeal—appeal papers and hearing Division 5.4.5 Rule 5432 Division 5.4.5 Appeals to Court of Appeal—appeal papers and hearing Notes to div 5.4.5 Note 1 The practice direction sets out the requirements for filing documents, including the draft index of the appeal papers, before the date set for settling the appeal papers. Note 2 Appeal and order are defined for this div in r 5400.