In a move that will improve access to information and transparency, the Supreme Court has implemented new rules that require electronic filing of key documents in cassation and reconsideration appeals.
According to Supreme Court Circular Letter No. 1 of 2014, subsidiary Courts (including the Commercial Court) will be required to upload certain documents to the Supreme Court website (whereas current practice is to provide electronic copies on a CD-Rom or flash drive). For intellectual property cases, the documents that will now (as of 1 March 2014) need to be uploaded are:
- notice of registration of intention to appeal;
- receipt of appeal brief;
- appeal brief;
- reply to appeal brief; and
- first-instance Court decision.
Absent from this list is the Evidence Brief. This is a missed opportunity, as a review of the evidence submitted is usually instructive. Commentators are known to report inaccurately on Commercial Court decisions when they make assumptions about what evidence has been submitted (or sometimes without even reading the Court’s decision at all!).
The Supreme Court already has a reputation for being a more reliable forum than the Commercial Court. One reason for this is that it publishes its decision on its website, whereas the Commercial Court does not.