MAURITIUS Trends and Developments Contributed by: Sivakumaren (Robin) Mardemootoo, Natasha Behary Paray and Jeeshna (Kaajal) Radhakissoon, Dentons Mauritius LLP
Dentons Mauritius LLP Les Jamalacs Building Vieux Conseil Street Port Louis Mauritius Tel: +230 2121150 Web: www.dentons.com
Introduction The past year has been one of the most legislatively active periods in Mauritius in recent memory. Some significant statutes came into force on 5 January 2026, reshaping the procedural landscape for litigation, tax disputes, and the regulation of the legal profession. At the same time, the courts have delivered a series of judgments that advance the law in areas as varied as maritime liability, consumer protection, administra- tive law and international tax. Together, these devel- opments signal a jurisdiction that is actively trying to modernise its legal framework and processes, in the face of sophisticated litigation requirements. Judicial Review: A Revised Procedural Framework For many years, the rules governing judicial review in Mauritius left a great deal to the discretion of the courts. Applications had to be brought “promptly”, with a three-month guideline derived from UK prac- tice, but that formulation was widely acknowledged to be uncertain. The Courts (Amendment) Act 2025, in force since 5 January 2026, addresses this directly. It introduces a clear procedure for judicial review appli- cations. The key features are: • applicants must now seek leave to bring judicial review proceedings within 45 days of the impugned decision, with discretion for the court to extend that period on good cause shown; • once an application is lodged, the judge in cham- bers must determine whether leave is granted within 60 days, a requirement that is enforced by a new mechanism allowing the applicant to report non-compliance to the Chief Justice; and
• where leave is granted, it automatically converts into the substantive application, which is then set down for hearing before at least two judges. The practical effect of this reform should not be underestimated. Businesses with grievances against licensing decisions, regulatory rulings or other admin- istrative actions now have a clearer, albeit shorter, roadmap within which to act. The obligation on the court to determine leave applications within 60 days should also reduce the delays that have historically made judicial review a less attractive option for time- sensitive disputes. Civil Appeals: A Regime Change The 2025–2029 government programme had previ- ously announced, in broad lines, the establishment of a superior court of appeal to hear appeals from the Supreme Court and from arbitration tribunals, as recommended in Lord Mackay’s 1998 report. That development, when it comes, will represent a further significant step in the evolution of Mauritius’s appel- late architecture. In the meantime, the Court of Civil Appeal Act 2025, also in force from 5 January 2026, has been described as one of the most comprehensive pieces of proce- dural reform legislation that Mauritius has produced. The previous framework for civil appeals was spread across multiple statutes and was widely regarded as fragmented and inconsistent. The 2025 Act consoli- dates all civil appeal procedures into a single, coher- ent statutory framework applicable across all originat- ing courts. Among the most significant changes are the following.
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