Searchlight Logo
special_image

    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Privacy Policy
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Privacy Policy
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
Understanding the Law
July 5, 2013

Leave to appeal

The week before last, we looked at interlocutory matters under a single judge. By now, you would have an understanding of what is an interlocutory or interim matter. It is not the substantial or final matter. For example, in the case that was looked at, a claim for damages was made to the court, but the Attorney General, who was one of the parties, made an application to be removed as a party.{{more}} The Attorney General’s application was not the substantive matter. It was more or less a side issue. The substantive matter was the claim for damages.

For an interlocutory matter to be heard by the appeal justices, the appellant must first obtain leave of the court before he files a notice of appeal. That leave must be obtained from the judge or the court of appeal, otherwise the notice of appeal would not be valid.

Supreme Court Act

The states in the Eastern Caribbean Supreme Court have Supreme Court Acts. These acts state that no appeal could be made on an interlocutory order or judgment without the leave of a judge or appeal court, except where there is an injunction or the appointment of a receiver is granted or refused, or where a substantially final order is appealed.

Notice of appeal without leave.

In the case of A B C & D v E, the appellant appealed because the trial judge had refused to grant “Norwich Pharmacal” and “Bankers Trust” relief (disclosure orders). The notice of appeal was filed without obtaining leave to appeal.

Norwich Pharmacal

The Norwich Pharmacal relief/orders derived its name from the case of Norwich Pharmacal Co and Others v Customs and Excise Commissioner [1974] A.C. 133 House of Lords, England, in which orders were made to produce information and evidence. The nature of the relief was of some concern, but Lord Reid gave some substance to this in his words: “where a person albeit innocently and without incurring any personal liability, became involved in the tortious acts of others, he came under a duty to assist one injured by the acts by giving full information by way of discovery and disclosing the identity of the wrongdoers.”

A B C & D v E

In the A B C & D v E case, the decision was written by the Honourable Dame Janice Pereira and concurred by two other Justices of the Appeal. The Justices of the Appeal directed the parties to address the issue of whether leave was required in that particular case, in the light of two earlier decisions in the Supreme Court. The issue as to whether the relief was an injunction or final order was addressed because those are exceptions for filing notice of appeal without leave of the court. The Justices believed that, in general, whether an order is final or interlocutory turns on various factors and may depend on the circumstances of the case.

The Justices of Appeal examined several English case laws and treatises and considered them to be highly persuasive so as to be binding. It was concluded that the Norwich Pharmacal relief is an injunction and that the notice of appeal was properly filed. On the two decisions in the region, the Justices decided that the court would not have fallen into error if it were assisted with the authorities, which were available at that time.

Ada Johnson is a solicitor and barrister-at-law.

E-mail address is: exploringthelaw@yahoo.com

  • FacebookComments
  • ALSO IN THE NEWS
    Free movement of  people in 4 Caricom states begins tomorrow
    Front Page
    Free movement of people in 4 Caricom states begins tomorrow
    Webmaster 
    September 30, 2025
    Many Vincentians and other Caribbean Community (CARICOM) nationals are welcoming the decision by four CARICOM governments to institute the free moveme...
    ‘Unprincipled  non-state operators in Europe seeking to pollute” elections in SVG – PM Gonsalves
    Front Page
    ‘Unprincipled non-state operators in Europe seeking to pollute” elections in SVG – PM Gonsalves
    Webmaster 
    September 30, 2025
    Prime Minister Dr. Ralph Gonsalves, told the United Nations (UN) General Assembly a few days ago that entities in the international sphere are seeking...
    Bramble promises $1 million from CBI money for 50  businesses in East Kingstown
    Front Page
    Bramble promises $1 million from CBI money for 50 businesses in East Kingstown
    Webmaster 
    September 30, 2025
    The opposition New Democratic Party (NDP), moved its campaign to Sion Hill last Saturday, September, 27,2025 as it seeks to retain its hold on the Eas...
    PM calls at U N meeting for better deal for Taiwan, Haiti
    Front Page
    PM calls at U N meeting for better deal for Taiwan, Haiti
    Webmaster 
    September 30, 2025
    Prime Minister, Dr Ralph Gonsalves renewed his call at the United Nations for the inclusion of Taiwan in the organisation’s specialised agencies. Deli...
    Over EC$700,000 paid to VincyMas 2025 Winners
    Front Page
    Over EC$700,000 paid to VincyMas 2025 Winners
    Webmaster 
    September 30, 2025
    More than EC$700,000 in prize money was handed out to the 2025 VincyMas winners, on Sunday night, September, 28,2025, at Carnival City, Victoria Park....
    Caribbean launches Shelter Working Group to boost Disaster Preparedness
    Press Release
    Caribbean launches Shelter Working Group to boost Disaster Preparedness
    Webmaster 
    September 30, 2025
    As the Atlantic Hurricane season reaches its peak, more than 47 disaster management professionals from across the Caribbean and beyond have joined for...
    News
    Rose Place woman  remanded for threatening to “blow out” man’s head
    From the Courts, News
    Rose Place woman remanded for threatening to “blow out” man’s head
    Webmaster 
    September 30, 2025
    A woman who resides at Rose Place was remanded after threatening to “blow out” a farmer’s head. Rasharma Pollard appeared at the Kingstown Magistrate’...
    Court grants father’s request for jail time for his son
    From the Courts, News
    Court grants father’s request for jail time for his son
    Webmaster 
    September 30, 2025
    A father’s request was granted when his son, who had pointed a gun at him, was imprisoned. Simon Simmons appeared at the Kingstown Magistrate’s Court ...
    Cervical cancer initiative launched in SVG
    News
    Cervical cancer initiative launched in SVG
    Webmaster 
    September 30, 2025
    Cervical cancer is one of the few cancers that can be prevented and even eliminated, provided that countries strengthen their vaccination, screening, ...
    Prayer sustains woman  caring for her husband who has Alzheimer’s Disease
    News
    Prayer sustains woman caring for her husband who has Alzheimer’s Disease
    Webmaster 
    September 30, 2025
    The world recognized Alzheimer’s Day on September, 21, 2025, but for the Muhammad family, of Largo Height, Alzheimer’s is an everyday reality that is ...
    Librarian and Poet uses  spoken-word as a relief Valve
    News
    Librarian and Poet uses spoken-word as a relief Valve
    Webmaster 
    September 26, 2025
    Often times, people’s struggles, insecurities, physical issues and inner pain are masked by an exterior that looks strong, poised and well put togethe...

    E-EDITION
    ePaper
    google_play
    app_store
    Subscribe Now
    • Interactive Media Ltd. • P.O. Box 152 • Kingstown • St. Vincent and the Grenadines • Phone: 784-456-1558 © Copyright Interactive Media Ltd.. All rights reserved.
    We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it.Ok