BRITISH VIRGIN ISLANDS Law and Practice Contributed by: Alex Hall Taylor KC, Richard Brown, Tim Wright and Simon Hall, Carey Olsen
the BVI courts will not re-examine the merits of the foreign judgment.
In determining whether or not a decision was final, the court will apply the application test, namely, whether the determination of the matter before the High Court would have finally deter- mined the litigation whichever way the decision was made. Similarly, there is a right of appeal of final deci- sions of the Court of Appeal to the Privy Council provided that the matter in dispute is of the value of at least GBP300, or where the appeal – direct- ly or indirectly – involves a claim to, or question respecting, property or a right of the value of at least GBP300 or upwards. Interlocutory Decisions No leave to appeal is required from decisions of the High Court in the following cases. • Those concerning the liberty of the subject or the custody of infants. • Where an injunction or appointment of a receiver is granted or refused. • In the case of a decree nisi in a matrimonial cause or a judgment or order in an admiralty action determining liability. Otherwise, leave to appeal to the Court of Appeal is required from interlocutory decisions. Granting of leave is discretionary. In order to obtain leave to appeal, a prospective appellant will need to show reasonable prospects of success or that leave should be granted for some other reason. The latter are normally public interest reasons, for example, where the law is unclear or a new point of law has arisen, such that a decision of the Court of Appeal would be beneficial. Leave to appeal to the Privy Council is required from a decision of the Court of Appeal on an interlocutory decision of the High Court. Leave will be granted where a prospective appellant
10. Appeal 10.1 Levels of Appeal or Review to a Litigation Decisions of the High Court are appealed to the ECSC Court of Appeal, an itinerant court, trav- elling to each of its members’ states and ter- ritories, sitting at various dates throughout the year to hear appeals from the High Courts. The circumstances in which appeal is possible are outlined below. The Chief Justice of the Court of Appeal may del- egate certain decisions to a master or the Chief Registrar of the Court of Appeal. Such decisions are subject to the review of a single judge of the Court of Appeal. Furthermore, certain decisions may be made by a single judge of the Court of Appeal. Any order, directions or decision given by a single judge may be varied, discharged or revoked by two judges of the Court of Appeal (in practice, such applications to vary, discharge or revoke are heard by a full court of three judges). Decisions of the Court of Appeal may be subject to appeal to the Privy Council, sitting in London. Circumstances in which appeals may be made to the Court of Appeal are outlined in 10.3 Pro- cedure for Taking an Appeal . 10.2 Rules Concerning Appeals of Judgments Final Decisions in Civil Proceedings There is an automatic right of appeal to the Court of Appeal from the High Court of final deci- sions in civil proceedings. No leave to appeal is required.
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