K (Children) [2013] EWCA Civ 1776
[1]"Where the appellant's case changes after the grant of permission, the appellant's representatives should write to the appeal court and to the other party, indicating the proposed nature of the changed case." The note contains other information. The purpose of that practice is, as my Lord, Lord Justice Ryder said, so that the court can consider what it should do, and if possible, save resources. So not only should it not be announced at the sitting of the court, there must be communication with the court in some way before that happens. Not only does failure to do this involve a lack of courtesy to the other parties, it completely overlooks the fact that communication with the court is there for a good reason, conserving the resources of the court and helping other parties. It may help ensure that other litigants can be given an earlier hearing. So with those observations, I agree with the order that my Lord and my Lady propose for the reasons which they each have given.