Chambers Practice Manual

13 July 2023 - English, Français

This update adds a new section to the Chambers Practice Manual on principles and procedures governing the issuance of dissenting and separate opinions. Such principles include that dissenting and separate opinions should be a measure of last resort. Other issues addressed are the length of dissenting and separate opinions and their issuance together with the majority judgment, decision or order. Where appropriate, dissenting or separate views may be included together with that of the majority in a single document. The new section also devises an internal procedure reflecting best practices on the preparation of dissenting and separate opinions.

The seventh revision of the Chambers Practice Manual is the result of collective discussions held at the judicial retreat of the judges in June 2023, where the judges examined various recommendations made in the Report of the Independent Expert Review (‘IER’) conducted in 2020. At the retreat, the judges shared best practices on the issuance of dissenting and separate opinions and agreed to incorporate internal guidelines into the Chambers Practice Manual. The topic of separate and dissenting opinions was addressed in IER recommendations 221-224.