BRITISH VIRGIN ISLANDS Law and Practice Contributed by: Alex Hall Taylor KC, Richard Brown, Tim Wright and Simon Hall, Carey Olsen
From the Court of Appeal to the Privy Council An application for conditional leave should be made to the Court of Appeal within 21 days of their decision. If granted, and once conditions are met (payment of security and preparation of the record), an application for final leave is made to the Court of Appeal. Once granted, the appeal can proceed to the Privy Council. If leave to appeal to the Privy Council is required but refused by the Court of Appeal, a prospec- tive appellant may apply directly to the Privy Council for “special leave”. The Privy Council retains complete discretion although in practice the granting of special leave is limited in civil cases. 10.4 Issues Considered by the Appeal Court at an Appeal The appeal issues are defined by the notice of appeal and any counter-notice filed. Parties may seek permission to amend those notices, which is a matter of discretion for the Court of Appeal. The appeal is a review, not a rehearing. In gen- eral, new points not explored at first instance ought not to be taken on appeal, although there is a discretion to permit such points. 10.5 Court-Imposed Conditions on Granting an Appeal On granting leave, the court may impose condi- tions; for example, the court may require pay- ment into court in respect of any award made at first instance. It is possible for a respondent to an appeal to apply for security for its costs of an appeal. 10.6 Powers of the Appellate Court After an Appeal Hearing Following conclusion of an appeal, the Court of Appeal has fulfilled its function, save for:
can show that the question involved in the appeal is one of great general or public impor- tance or otherwise ought to be submitted to the Privy Council. Certain Other Decisions Where Leave is Required Leave to appeal to the Court of Appeal is required from the High Court in relation to a consent order or orders for costs only where such costs are left to the discretion of the judge. 10.3 Procedure for Taking an Appeal High Court to the Court of Appeal – Where Leave is Required Application for leave to appeal must be made to the High Court within 21 days of the order. If refused by the High Court, an application may be made to the Court of Appeal within seven days of the High Court’s refusal. Once leave is granted, the notice of appeal must be filed within 21 days. There is provision in the EC CPR for filing of submissions and other doc- uments in the appeal. High Court to the Court of Appeal – Where Leave is Not Required In interlocutory appeals where no leave is required, such as discharging an injunction, the notice of appeal must be filed within 21 days of the decision. In the case of a final appeal, the notice of appeal must be filed within 42 days of the decision. In both cases, there is also provision in the EC CPR for filing of submissions and other docu- ments in the appeal.
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