(Grenada) The Court of Appeal of Grenada in granting leave to appeal to the Judicial Committee had imposed a condition requiring security of andpound;500. The respondent then applied to the Judicial Committee for an order under its inherent jurisdiction that the appellant pay into court the sum of andpound;130,000 as security for costs,
Held: the Committee refused to make such an order. Rule 2 of the 1982 Rules which provides that an appeal shall be either with the leave of the court appealed from or with special leave granted by Her Majesty in Council. ‘It follows that notwithstanding that the case may be one in which an appeal lies as of right, the leave of the Court of Appeal must be obtained. Such leave is not, however, a matter of discretion for that court.’ and ‘It would therefore appear that the function of the Court of Appeal upon an application for leave is to satisfy itself that the case is one in which, under the Constitution of Grenada, a right of appeal exists and, if so satisfied, to consider the exercise of the power to impose conditions conferred by article 5. Leave is granted ‘in the first instance’ subject to compliance with those conditions and final leave is granted when the conditions have been complied with.’
Judges:
Lord Hoffmann
Citations:
[1997] UKPC 50, [1998] 1 WLR 202
Links:
Statutes:
West Indies Associated States (Appeals to Privy Council) (Grenada) Order 1967 (SI 1967/224) 5, Judicial Committee (General Appellate Jurisdiction) Rules Order 1982 (SI 1982/1676) 2
Jurisdiction:
England and Wales
Cited by:
Cited – Donovan Crawford Regardless Limited Alma Crawford v Financial Institutions Services Limited PC 19-Jun-2003
PC (Jamaica) The petitioners sought leave to appeal to the Privy Council. They had an appeal as of right. They now sought special leave, complaining that the Court in Jamaca had granted leave subject to them . .
Cited – The Attorney General for St Christopher and Nevis v Rodionov PC 20-Jul-2004
(St. Christopher and Nevis) The government of Canada requested the extradition of the respondent. The Attorney General sought special leave to appeal against the order for his discharge from custody, which had been on the grounds of the prejudice . .
See Also – Electrotec Services Limited v Issa Nicholas (Grenada) Limited (2) PC 16-Feb-1998
(Grenada) . .
Lists of cited by and citing cases may be incomplete.
Costs, Constitutional
Updated: 24 November 2022; Ref: scu.184490