Bahama Islands (Procedure in Appeals to Privy Council) Order,1964

Link to law: http://laws.bahamas.gov.bs/cms/images/LEGISLATION/SUBORDINATE/1964/1964-2042/BahamaIslandsProcedureinAppealstoPrivyCouncilOrder1964_1.pdf
Published: 1965-01-07

Court of Appeal
COURT OF APPEAL [CH.52– 3






[Original Service 2001] STATUTE LAW OF THE BAHAMAS

CHAPTER 52

COURT OF APPEAL

PART I
Subsidiary Legislation under the Judicial Committee Act,

18441 of the United Kingdom

BAHAMA ISLANDS (PROCEDURE IN APPEALS
TO PRIVY COUNCIL) ORDER, 1964

JUDICIAL COMMITTEE
Made 22nd December, 1964

Coming into Operation 7th January, 1965
At the Court at Buckingham Palace, the 22nd day of

December, 1964

Present,

The Queen’s Most Excellent Majesty in Council
Her Majesty, by virtue and in the exercise of the

powers in that behalf by section 1 of the Judicial
Committee Act 1844 or otherwise in Her Majesty vested,
is pleased, by and with the advice of Her Privy Council, to
order, and it is hereby ordered, as follows —

1. This Order may be cited as the Bahama Islands
(Procedure in Appeals to Privy Council) Order,1964.

2. (1) In this Order, unless the context otherwise
requires —

“appeal” means appeal from a judgment of the Court
to Her Majesty in Council;

“Court” means the Court of Appeal for the Bahama
Islands;


1 7 & 8 Vict. c. 69

S.I. 1964/ No.
2042

7 & 8 Vict. c. 69.

Citation.

Interpretation.

CH.52 – 4] COURT OF APPEAL






STATUTE LAW OF THE BAHAMAS [Original Service 2001]

“judgment” means a judgment of the Court given in
the exercise of any jurisdiction conferred upon
it by any law for the time being in force in the
Bahama Islands and includes a decree, order,
ruling, sentence or decision of the Court;

“record” means the aggregate of papers relating to an
appeal (including pleadings, proceedings,
evidence and judgments) proper to be laid
before Her Majesty in Council on the hearing of
an appeal;

“Registrar” means the Registrar of the Court or other
proper officer having custody of the records of
that Court.

(2) The Interpretation Act 1889 2 shall apply, with
the necessary adaptations, for the purpose of interpreting
this Order and otherwise in relation thereto as it applies for
the purposes of interpreting, and in relation to, Acts of
Parliament.

3. Applications to the Court for leave to appeal
shall be made by motion or petition within twenty-one days
of the date of the judgment to be appealed from, and the
applicant shall give all other parties concerned notice of his
intended application.

4. Leave to appeal to Her Majesty in Council in
pursuance of the provisions of any law relating to such
appeal shall, in the first instance, be granted by the Court
only —

(a) upon condition of the appellant, within a period
to be fixed by the Court but not exceeding
ninety days from the date of the hearing of the
application for leave to appeal, entering into
good and sufficient security to the satisfaction of
the Court in a sum not exceeding one thousand
pounds sterling for the due prosecution of the
appeal and the payment of all such costs as may
become payable by the applicant in the event of
his not obtaining an order granting him final
leave to appeal, or of the appeal being dismissed
for non-prosecution, or of the Judicial
Committee ordering the appellant to pay costs of
the appeal (as the case may be); and


2 52 & 53 Vict. c. 63.

Application for
leave to appeal.

Conditional leave
to appeal.

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(b) upon such other conditions (if any) as to the
time or times within which the appellant shall
take the necessary steps for the purposes of
procurring the preparation of the record and the
despatch thereof to England as the Court, having
regard to all the circumstances of the case, may
think it reasonable to impose.

5. A single judge of the Court shall have power and
jurisdiction —

(a) to hear and determine any application to the
Court for leave to appeal in any case where
under any provision of law an appeal lies as of
right from a decision of the Court;

(b) generally in respect of any appeal pending
before Her Majesty in Council, to make such
order and to give such other directions, as he
shall consider the interests of justice or
circumstances of the case require:

Provided that any order, directions or decision made
or given in pursuance of this section may be varied,
discharged or reversed by the Court when consisting of
three judges which may include the judge who made or
gave the order, directions or decision.

6. Where the judgment appealed from requires the
appellant to pay money or do any act, the Court shall have
power, when granting leave to appeal, either to direct that
the said judgment shall be carried into execution or that the
execution thereof shall be suspended pending the appeal, as
to the Court shall seem just, and in case the Court shall
direct the said judgment to be carried into execution, the
person in whose favour it was given shall, before the
execution thereof, enter into good and sufficient security,
to the satisfaction of the Court, for the due performance of
such Order as Her Majesty in Council shall think fit to
make thereon.

7. For the purposes of sections 4 and 6 of this
Order, a person may provide security in any manner that
the Court may approve in his case, and for the avoidance of
doubts it is declared that such security may with the
approval of the Court consist in whole or in part of a
deposit of money.

Powers of a
single judge.

Stay of
execution.

Manner of
providing
security.

CH.52 – 6] COURT OF APPEAL






STATUTE LAW OF THE BAHAMAS [Original Service 2001]

8. (1) The preparation of the record shall be subject
to the supervision of the Court, and the parties may submit
any disputed question arising in connection therewith to
the decision of the Court, and the Court shall give such
directions thereon as the justice of the case may require.

(2) The Registrar, as well as the parties and their
legal agents, shall endeavour to exclude from the record all
documents (more particularly such as are merely formal)
that are not relevant to the subject-matter of the appeal and,
generally, to reduce the bulk of the record as far as
practicable, taking special care to avoid the duplication of
documents and the unnecessary repetition of headings and
other merely formal parts of documents; but the docu-
ments omitted to be copied or printed shall be enumerated
in a list to be placed after the index or at the end of the
record.

(3) Where in the course of the preparation of a
record one party objects to the inclusion of a document on
the ground that it is unnecessary or irrelevant and the other
party nevertheless insists upon its being included, the
record, as finally printed (whether in the Bahama Islands or
in England), shall, with a view to the subsequent
adjustment of the costs of and incidental to such document,
indicate in the index of papers or otherwise, the fact that,
and the party by whom, the inclusion of the document was
objected to.

(4) The reasons given by judges of the Court for or
against any judgment pronounced in the course of the
proceedings out of which the appeal arises shall be
communicated by them in writing to the Registrar, and
shall be included in the record.

9. (1) The record may be printed in the Bahama
Islands or in England if the parties agree to its being
printed but in the absence of such agreement shall be
duplicated by process approved by the Registrar of the
Privy Council. If the record is to be printed it shall be
printed in accordance with the Rules set forth in the
Schedule to this Order.

(2) Where the record is printed or duplicated in the
Bahama Islands the Registrar shall, at the expense of the
appellant, transmit to the Registrar of the Privy Council
forty copies of such record, one of which copies he shall
certify to be correct by signing his name on, or initialling,
every eighth page thereof and by affixing thereto the seal
of the Court.

Preparation of
record.

Printing of the
record.





Schedule

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(3) Where the record is to be printed or duplicated
in England, the Registrar shall, at the expense of the
appellant, transmit to the Registrar of the Privy Council
one certified copy of such record, together with an index of
all the papers and exhibits in the case. No other certified
copies of the record shall be transmitted to the agents in
England by or on behalf of the parties to the appeal.

(4) Where part of the record is printed or duplicated
in the Bahama Islands and part is to be printed or
duplicated in England, subsections (2) and (3) of this
section shall, as far as possible, apply to such parts as are
printed or duplicated in the Bahama Islands and such as are
to be printed or duplicated in England respectively.

10. Where there are two or more applications for
leave to appeal arising out of the same matter, and the
Court is of opinion that it would be for the convenience of
the Lords of the Judicial Committee and all parties
concerned that the appeals should be consolidated, the
Court may direct the appeals to be consolidated and grant
leave to appeal by a single order.

11. Where an appellant, having obtained an order
granting him conditional leave to appeal, and having
complied with the conditions imposed on him by such
order, fails thereafter to apply with due diligence to the
Court for an order granting him final leave to appeal, the
Court may, on an application in that behalf made by the
respondent, rescind the order granting conditional leave to
appeal, notwithstanding the appellant’s compliance with
the conditions imposed by such an order, and may give
such directions as to the costs of the appeal and security
entered into by the appellant as the Court shall think fit, or
make such further or other order in the premises as, in the
opinion of the Court, the justice of the case requires.

12. (1) On an application for final leave to appeal,
the Court may enquire whether notice or sufficient notice
of the application has been given by the appellant to parties
concerned and, if not satisfied as to the notices given, may
defer the granting of the final leave to appeal, or may give
such other directions in the manner as, in the opinion of the
Court, the justice of the case requires.

Consolidation of
appeals.

Failure to
prosecute appeal.

Notice to other
parties.

CH.52 – 8] COURT OF APPEAL






STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(2) The Registrar shall, with all convenient speed,
transmit to the Registrar of the Privy Council a certificate
to the effect that the respondent has received notice, or is
otherwise aware, of the order of the Court granting final
leave to appeal and of the transmission of the record to
England.

13. An appellant who has obtained final leave to
appeal shall prosecute his appeal in accordance with the
Rules for the time being regulating the general practice and
procedure in appeals to Her Majesty in Council.

14. (1) An appellant who has obtained an order
granting him conditional leave to appeal may at any time
prior to the making of an order granting him final leave to
appeal withdraw his appeal on such terms as to costs and
otherwise as the Court may direct.

(2) Where an appellant, having obtained final leave
to appeal, desires, prior to the dispatch of the record to
England, to withdraw his appeal, the Court may, upon an
application in that behalf made by the appellant, grant him
a certificate to the effect that the appeal has been
withdrawn, and the appeal shall there-upon be deemed, as
from the date of such certificate, to stand dismissed
without express Order of Her Majesty in Council, and the
costs of the appeal and the security entered into by the
appellant shall be dealt with in such manner as the Court
may think fit to direct.

15. Where an appellant, having obtained final leave
to appeal, fails to show due diligence in taking all
necessary steps for the purpose of procuring the dispatch of
the record to England, any respondent may, after giving the
appellant due notice of his intended application, apply to
the Court for a certificate that the appeal has not been
effectually prosecuted by the appellant, and if the Court
sees fit to grant such a certificate the appeal shall be
deemed, as from the date of such certificate, to stand
dismissed for non-prosecution without express Order of
Her Majesty in Council, and the costs of the appeal and the
security entered into by the appellant shall be dealt with in
such manner as the Court may think fit to direct.

16. (1) Where at any time between the order granting
final leave to appeal and the dispatch of the record to
England, the record becomes defective by reason of the
death or change of status of a party to the appeal, the

Prosecution of
appeal.

Withdrawal of
appeal.

Dismissal for
non-prosecution.

Substituting
parties.

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

Court may, notwithstanding the order granting final leave
to appeal, on an application in that behalf made by any
person interested, grant a certificate showing who, in the
opinion of the Court, is the proper person to be substituted
or entered on the record in place of or in addition to the
party who has died or undergone a change of status, and
the name of such person shall thereupon be deemed to be
so substituted or entered on the record as aforesaid without
express Order of Her Majesty in Council.

(2) Where the record subsequently to its dispatch to
England becomes defective by reason of the death or
change of status of a party to the appeal, the Court shall,
upon an application in that behalf made by any person
interested, cause a certificate to be transmitted to the
Registrar of the Privy Council showing who, in the opinion
of the Court, is the proper person to be substituted, or
entered on the record, in place of, or in addition to, the
party who has died or undergone a change of status.

17. The case of each party to the appeal may be
printed or duplicated in the Bahama Islands or in England
and shall, in either event, be printed in accordance with the
Rules set forth in the Schedule to this Order, and shall be
signed by at least one of the counsel who attends at the
hearing of the appeal, or by the party himself if he
conducts his appeal in person.

18. The case shall consist of paragraphs numbered
consecutively and shall state, as concisely as possible, the
circumstances out of which the appeal arises, the conten-
tions to be urged by the party lodging the case, and the
reasons of appeal. Reference by page and line to the
relevant portions of the record as printed shall, as far as
practicable, be printed in the margin, and care should be
taken to avoid, as far as possible, the reprinting in the case
of long extracts from the record. The taxing officer in
taxing the costs of the appeal shall, either of his own
motion or at the instance of any party, inquire into any
unnecessary prolixity in the case, and shall disallow the
costs occasioned thereby.

19. Where the Judicial Committee directs a party to
bear the costs of an appeal incurred in the Bahama Islands,
such costs shall be taxed by the proper officer of the Court
in accordance with the rules for the time being regulating
taxation in the Court.

Printing of case.



Schedule

Form of case.

Costs in the
Bahama Islands.

CH.52 – 10] COURT OF APPEAL






STATUTE LAW OF THE BAHAMAS [Original Service 2001]

20. Any Order which Her Majesty in Council may
think fit to make on an appeal from a judgment of the
Court may be enforced in like manner as any judgment of
the Court should or might have been executed.

21. (1) In respect of any appeal from a judgment of
the Supreme Court of the Bahama Islands commenced
before the commencement of this Order, sections 35 and
36 of The Supreme Court Act of the Bahama Islands shall
continue in force and the appeal may be continued and
concluded as if this Order had not been made.

(2) Any Order that Her Majesty in Council may see
fit to make on any such appeal or any Order made by Her
Majesty before the commencement of this Order on an
appeal from a judgment of the Supreme Court of the
Bahama Islands, but not enforced before such commence-
ment, may be enforced as if it were an Order made on
appeal from the judgment of the Court.

W. G. Agnew.

SCHEDULE (Sections 9(1) and 17)
I. Records and cases in appeals to Her Majesty in Council

shall be printed in the form known as demy quarto.
II. The size of the paper used shall be such that the sheet

when folded and trimmed, will be 11 inches in height and 8½
inches in width.

III. The type to be used in the text shall be pica type, but
long primer shall be used in printing accounts, tabular matter
and notes.

IV. The number of lines in each page of pica type shall
be 47 or thereabouts, and every tenth line shall be
numbered in the margin.

Enforcing
judgment.

Pending
proceedings.
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