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
    CARICOM needs to learn from the EU example
    Our Readers' Opinions
    CARICOM needs to learn from the EU example
    Forrest 
    March 12, 2026
    The tone of Caricom’s 50th Heads of Government Meeting suggested that there is an urgency for greater integration. So far, the US has blown up 43 boat...
    Family wants justice for man who died after falling from building
    Front Page
    Family wants justice for man who died after falling from building
    Forrest 
    March 10, 2026
    The funeral service for the construction worker who died after falling from a building under construction in Villa earlier this month, was punctuated ...
    NDP gov’t placing the nation’s airports high on their agenda
    Front Page
    NDP gov’t placing the nation’s airports high on their agenda
    Forrest 
    March 10, 2026
    Airports are critical infrastructure for tourism and the economy, and with that in mind, the new administration has placed the nation’s airports high ...
    Issue involving dual citizenship of MPs is ‘not a frivolous matter’
    Front Page
    Issue involving dual citizenship of MPs is ‘not a frivolous matter’
    Forrest 
    March 10, 2026
    Opposition Leader, Dr. Ralph Gonsalves has publicly disagreed with Prime Minister Dr. Godwin’s Friday’s position on a matter which is now before the c...
    Unite to end discrimination and disrespect – SIPA Chair
    Front Page
    Unite to end discrimination and disrespect – SIPA Chair
    Forrest 
    March 10, 2026
    People who live communities in the North Windward Constituency are being encouraged to unite in an effort to end discrimination and disrespect. That c...
    Dr Ralph Gonsalves is Senior Advisor of ‘Repair’ Campaign
    Front Page
    Dr Ralph Gonsalves is Senior Advisor of ‘Repair’ Campaign
    Forrest 
    March 10, 2026
    Former Prime Minister Dr. Ralph Gonsalves, is now a Senior Advisor and Elder for The Repair Campaign, lending his expertise to the regional reparation...
    News
    Facilities were not available to host Americas Netball Qualifiers, says PM
    News
    Facilities were not available to host Americas Netball Qualifiers, says PM
    Forrest 
    March 10, 2026
    Prime Minister Dr. Godwin Friday said the facilities were not available to host the Netball Americas World Cup Qualifiers at Arnos Vale that were slat...
    Opposition Leader tells PM Friday don’t develop ‘amnesia’
    News
    Opposition Leader tells PM Friday don’t develop ‘amnesia’
    Forrest 
    March 10, 2026
    Opposition Leader, Dr. Ralph Gonsalves is cautioning Prime Minister Dr. Godwin Friday not to get amnesia regarding past conduct instigated or supporte...
    SVG likely to face higher energy costs within 12 months – PM
    News
    SVG likely to face higher energy costs within 12 months – PM
    Forrest 
    March 10, 2026
    Prime Minister, Dr. Godwin Friday, outlined several regional and international matters during a press conference on March 3, 2026, following the 50th ...
    US$ 50 million for water improvements in SVG
    News
    US$ 50 million for water improvements in SVG
    Forrest 
    March 10, 2026
    Prime Minister, Dr. Godwin Friday, has announced a major climate resilience and water infrastructure initiative valued at approximately US$50 million,...
    Caribbean countries phase out Cuban doctors; French hospital welcomes them
    News
    Caribbean countries phase out Cuban doctors; French hospital welcomes them
    Forrest 
    March 10, 2026
    As pressure from the United States forces Caribbean governments to alter plans utilizing Cuban medical personnel, a hospital in France is planning to ...

    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