You are here

Home | Frequently Asked Questions

Frequently Asked Questions

Answer:

The Court of Appeal hears appeals from the Supreme Court, Parish Courts, Family Court and Tribunals.

The court also determines references by the Governor-General as well as questions of law reserved or case stated for its consideration by a Judge, Parish Courts or Justices of the Peace sitting in Petty Sessions.

Answer:

The main statutes which speak to the jurisdiction of the Court of Appeal are:

  1. the Judicature (Appellate Jurisdiction) Act;
  2. the Judicature (Parish Court) Act; and
  3. the Justices of the Peace (Appeals) Act.

The rules relating to the procedure in the court are found in the Court of Appeal Rules.
For further information please see the jurisdiction page on this website.

Answer:

Although the Judicature (Appellate Jurisdiction) Act was amended to allow for up to 13 judges, the court currently has seven judges of appeal (inclusive of the President).

For further information please see the composition and judges pages on this website.

Answer:

Generally the court sits in panels of three judges, however, the President may convene a larger panel of judges where warranted.

Answer:

In court the judges are to be addressed as “My Lord” or “My Lady”. When writing the names of judges for example on formal orders the format to be used is “The Hon Mr/Mrs/Miss Justice ___” followed by P for President or JA for Judge of Appeal.

Answer:

For the scheduled court sittings please see the court sittings page on this website.

Hearings in court commences each sitting at 9:30 am unless otherwise directed. Hearings in chambers before a single judge of appeal are usually conducted on Tuesdays starting at either 10:00 am or 2:00 pm.

Answer:

Except for appeals from the Parish Court, an appeal is made by filing a notice of appeal.

Appeals from Parish Courts are made by either giving verbal notice at the time of the judgment or by filing written notice of appeal.

Answer:

Appeals from Parish Courts must be filed in the respective Parish Court. All other appeals are filed in the registry of the Court of Appeal.

Answer:

For civil appeals from the Supreme Court or  Tribunals, notices of appeal must be stamped at the Stamp Office for $2,000.00.

For civil appeals from Parish Courts the fees are $5000.00 as security for the due prosecution of the appeal and $15,000.00 for security for the payment of costs.

No filing fees are charged in criminal appeals/applications for permission to appeal.

Answer:

Civil appeals are filed in the form of a notice and grounds of appeal (see Form A 1 of the Court of Appeal Rules).

A person seeking to appeal a conviction or sentence in the Supreme Court does so by filing a notice of appeal/notice of application for permission to appeal (Form B1).

For printable forms please see the court forms page on this website.

Answer:

Section 11(1)(f) of the Judicature (Appellate Jurisdiction) Act stipulates the circumstances in which permission to appeal is required. 

Answer:

No it does not. You would therefore need to file a notice of application for a stay of execution. Please refer to rule 2.11 of the Court of Appeal Rules.

Answer:

Except for appeals from the Parish Courts, notices of appeal in civil matters must be filed and served:

  1. (for an interlocutory appeal where permission to appeal is not required) within 14 days of the date on which the decision appealed against was made;
  2. (where permission to appeal is required) within 14 days of the date when permission was granted; or
  3. (in the case of any other appeal) within 42 days of the date on which the order or judgment being appealed was made.

For civil appeals from Parish Courts the party appealing may give verbal notice of appeal at the time the judgment is given or may within 14 days of the date of the judgment file written notice of appeal in the Parish Court.

Pages