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
      • 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
      • 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
    UWI Graduation Ceremonies Resume After Hurricane Disruption
    Press Release
    UWI Graduation Ceremonies Resume After Hurricane Disruption
    Jada 
    January 11, 2026
    The UWI Regional Headquarters, Jamaica, W.I., Friday, January 9, 2026 – The University of the West Indies (The UWI) is pleased to announce the continu...
    Trump’s Brazen Capture of Maduro: A “Dress Rehearsal” for an Assault on Cuba
    Our Readers' Opinions
    Trump’s Brazen Capture of Maduro: A “Dress Rehearsal” for an Assault on Cuba
    Jada 
    January 11, 2026
    Vantage Point Articles and Essays by Dr. Ron Daniels The Institute of the Black World 21st Century joins the overwhelming chorus of voices of heads of...
    Civil Society Partnerships at the heart of Addressing Citizen Security Says the UN
    Press Release
    Civil Society Partnerships at the heart of Addressing Citizen Security Says the UN
    Jada 
    January 11, 2026
    BRIDGETOWN, 8 January 2025: Reaffirming its commitment to inclusive development, peacebuilding, and human rights, the UN Resident Coordinator’s Office...
    SVGFF Concludes Beryl Support Relief Distribution
    Press Release
    SVGFF Concludes Beryl Support Relief Distribution
    Jada 
    January 11, 2026
    Jahvin Sutherland, Mr. Wollis Christopher, and Mr. Raymond Trimmingham are the final beneficiaries of the Beryl Support Relief programme from the St. ...
    Distinguished lawyer is new   G-G of SVG (+VIDEO)
    Front Page
    Distinguished lawyer is new G-G of SVG (+VIDEO)
    Webmaster 
    January 9, 2026
    Veteran lawyer, Stanley ‘Stalky’ John, who is St Vincent and the Grenadines’ seventh Governor- General, has honoured his predecessor, Dame Susan Douga...
    Vincentian educator crowned Middle  School Principal of the Year
    Front Page
    Vincentian educator crowned Middle School Principal of the Year
    Webmaster 
    January 9, 2026
    Vincentian educator Dr Deborah Dennie, whose teaching career commenced at the Kingstown Methodist School has been crowned the 2026 Middle Principal of...
    News
    Dauphine resident accused of theft
    From the Courts, News
    Dauphine resident accused of theft
    Webmaster 
    January 9, 2026
    A 44-year-old woman of Dauphine has been accused of theft and will appear in court to answer the charge. The police said in a release that on January,...
    Former Assessor says galvanize sheets in Mayreau were not stolen
    News
    Former Assessor says galvanize sheets in Mayreau were not stolen
    Webmaster 
    January 9, 2026
    A video clip which been making the rounds on social media depicting a scene in which the police are seen removing building materials from the yard of ...
    Lotto pays out record PLAY-4 Jackpot
    News
    Lotto pays out record PLAY-4 Jackpot
    Webmaster 
    January 9, 2026
    For the first time in St Vincent and the Grenadines (SVG), a cheque for $EC 499,200 was handed over a winner in the PLAY-4 game run by the National Lo...
    CXC moving to digitize Examinations
    News
    CXC moving to digitize Examinations
    Webmaster 
    January 9, 2026
    The Caribbean Examinations Council, CXC, is keeping up with technology and is moving to have its examinations digitized. Affirmation of this came from...
    Delta opens SVG to over 100 USA cities, airline official says
    News
    Delta opens SVG to over 100 USA cities, airline official says
    Webmaster 
    January 9, 2026
    The recent addition of Delta Airlines to the list of carriers that service the Argyle International Airport (AIA), has opened up St Vincent and the Gr...

    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