Judicial Committee Rules 1957

Link to law: http://laws.bahamas.gov.bs/cms/images/LEGISLATION/SUBORDINATE/1957/1957-2224/JudicialCommitteeRules1957_1.pdf
Published: 1958-02-01

Court of Appeal
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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

PART II

Subsidiary Legislation under the Judicial Committee Act,
1833 ( 3 & 4 Will. 4. c. 41) of the United Kingdom

JUDICIAL COMMITTEE RULES, 19573
Made ................................. 20th December, 1957

Coming into Operation ........... 1st February, 1958
At the Court at Buckingham Palace, the 20th day of

December, 1957
Present,

The Queen’s Most Excellent Majesty in Council
Whereas there was this day read at the Board a

representation from the Judicial Committee of the Privy
Council recommending that certain Orders in Council
relating to the practice and procedure in accordance with
which the general appellate jurisdiction of Her Majesty in
Council is exercised, dated respectively the second day of
May, 19254, the eighth day of August, 1932 5, the thirtieth
day of April, 1936 6, and the twenty-fifth day of February,
19447, ought to be revoked as from the first day of
February, 1958, and that the several rules thereunto
annexed ought to be substituted therefor and ought to come
into operation on that date —

Now, therefore, Her Majesty, having taken the said
representation into consideration, and in exercise of the
powers conferred on Her by section twenty-four of the
Judicial Committee Act, 1833 8, or otherwise in Her
vested, is pleased, by and with the advice of Her Privy
Council, to approve thereof and to order, as it is hereby
ordered, as follows —


3 As amended by S.I. 1963 No. 372.
4 S.R. & O. 1925/440 (Rev. XI, p. 208: 1925, p. 668).
5 S.R. & O. 1932/865 (1932, p. 679).
6 S.R. & O. 1944/192 (1944 I, p. 398).
7 S.R. & O. 1944/193 (1944 I, p. 399).
8 3 & 4 Will. 4. c. 41.

S.I. 1957 No.
2224

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

1. The Orders in Council mentioned in the said
representation are hereby revoked, and the rules thereunto
annexed are substituted therefor, as set out in the Schedule
to this Order.

2. This Order shall come into operation on the first
day of February, 1958.


ARRANGEMENT OF RULES

Rule.

1. Interpretation.

Leave to Appeal

2. Leave to appeal generally.


Special Leave to Appeal

3. Form of petition for special leave to appeal.
4. Six copies of Petition to be lodged with Affidavits in support.
5. Time for lodging Petition.
6. Security for costs and transmission of Record.
7. General provisions.
8. Petitions for special leave to appeal in forma pauperis.
9. Exemption from paying fees.
10. Exemption from payment of fees.


Record and Appearance by Appellant

11. Record to be transmitted without delay.
12. Printing or duplicating of Record.
13. Record printed abroad.
14. Record printed in England.
15. Record printed partly abroad.
16. Reasons for judgments to be included.
17. Exclusion of unnecessary documents from Record.
18. Documents objected to be indicated.
19. Registration and numbering of Records.
20. Inspection of Record by parties.
21. Appearance of Appellant.
22. Times within which a copy of a written Record shall be

bespoken.
23. Preparation of copy of Record for printing.
24. Lodging copy of Record for printing.

Revocation.

Commencement.

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25. Special Case.
26. Examination of proof of Record and striking off copies.
27. Copies of Record.
28. How costs of printing Record to be borne.

Petition of Appeal

29. Times within which Petition shall be lodged.
30. Form of Petition.
31. Service of Petition.


Withdrawal of Appeal

32. Before Petition of Appeal has been lodged.
33. After Petition of Appeal has been lodged.


Non-Prosecution of Appeal

34. Where Appellant takes no step in prosecution.
35. Non-prosecution after Appellant’s appearance.
36. Non-prosecution after lodgment of Petition of Appeal.
37. Restoring an Appeal.


Appearance by Respondent

38. Time within which Respondent may appear.
39. Notice of Appearance by Respondent.
40. Form of Appearances.
41. Separate Appearances.
42. Non-appearing Respondent.
43. Procedure on non-appearance of Respondent.
44. Respondent defending Appeal in forma pauperis.


Petitions Generally

45. Mode of addressing Petitions.
46. Orders on Petitions which need not be drawn up.
47. Form of Petition.
48. Caveat.
49. Service of Petition.
50. Verifying Petition by Affidavit.
51. Petition for Order of Revivor or Substitution.
52. Petition may be refused.
53. Setting down Petition.
54. Times within which set down Petitions shall be heard.
55. Notice to parties of day fixed for hearing.

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56. Procedure where Petition is consented to or is formal.
57. Withdrawal of Petition.
58. Procedure where hearing of Petition unduly delayed.
59. Only one Counsel.


Case

60. Lodging of Case.
61. Printing or duplicating of Case.
62. Number of copies to be lodged.
63. Form of Case.
64. Separate Cases.
65. Notice of lodgment.
66. Case Notice.
67. Setting down Appeal and exchanging Cases.


Binding Records, etc.

68. Mode of binding Records, etc.
69. Time limit.


Hearing

70. Notice of final date for setting down.
71. Notice of day fixed for hearing.
72. Number of Counsel.
73. Nautical Assessors.


Judgment

74. Notice of day fixed for Judgment.


Costs

75. Taxation of costs.
76. Costs taxed in England.
77. Order to tax.
78. Power of Taxing Officer.
79. Appeal from decision of Taxing Officer.
80. Amount of taxed costs to be inserted in Her Majesty’s Order in

Council.
81. Taxation on pauper scale.
82. Security.

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Miscellaneous

83. Power of Judicial Committee to excuse from compliance with
Rules.

84. Amendment of documents.
85. Affidavits.
86. Change of Agent.
87. Scope of application of Rules.
88. Citation.


SCHEDULE A Rules as to printing and duplicating
SCHEDULE B. I Fees Allowed to Agents.

II Council Office Fees


JUDICIAL COMMITTEE RULES, 1957
1. (1) In these Rules, unless the context otherwise

requires —
“Appeal” means an Appeal to Her Majesty in

Council;
“Judgment” includes decree, order, sentence, or

decision of any Court, Judge, or Judicial Officer;
“Record” means the aggregate of papers relating to an

Appeal (including the pleadings, proceedings,
evidence and judgments) proper to be laid before
Her Majesty in Council on the hearing of the
Appeal;

“Registrar” means the Registrar or other proper
officer having the custody of the records in the
Court appealed from;

“Abroad” means the country or place where the
Court appealed from is situate;

“Agent” means a person qualified by virtue of Her
late Majesty’s Order in Council of the 6th
March, 1896 to conduct proceedings before Her
Majesty in Council on behalf of another;

“Party” and all words descriptive of parties to
proceedings before Her Majesty in Council (such
as “Petitioner,” “Appellant,” “Respondent”)
mean, in respect of all acts proper to be done by
an Agent, the Agent of the party in question
where such party is represented by an Agent;

Interpretation.

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“Respondent” includes Intervener;
“Month” means calendar month.
Words in the singular shall include the plural, and

words in the plural shall include the singular.
(2) Where by these Rules any step is required to be

taken in England in connection with proceedings before
Her Majesty in Council, whether in the way of lodging a
Petition or other document, entering an Appearance,
lodging security, or otherwise, such step shall be taken in
the Registry of the Privy Council, Downing Street,
London.

Leave to Appeal
2. All Appeals shall be brought either in pursuance

of leave obtained from the Court appealed from, or, in the
absence of such leave, in pursuance of special leave to
appeal granted by Her Majesty in Council upon a Petition
in that behalf presented by the intending Appellant.

Special Leave to Appeal
3. A petition for special leave to appeal to Her

Majesty in Council shall state succinctly and clearly all such
facts as it may be necessary to state in order to enable the
Judicial Committee to advise Her Majesty whether such
leave ought to be granted, and shall be signed by the
Counsel who attends at the hearing or by the party himself if
he appears in person. The Petition shall deal with the merits
of the case only so far as is necessary for the purpose of
explaining and supporting the particular grounds upon
which special leave to appeal is sought.

4. The Petitioner shall lodge at least six copies of
his Petition for special leave to appeal together with the
Affidavit in support thereof prescribed by Rule 50 here-
inafter contained, and also six copies of the Judgment from
which leave to appeal is sought, and, unless a Caveat as
prescribed by Rule 48 has been lodged by the other parties
who appeared in the Court below, an Affidavit of service
of notice of the intended application upon such parties or
their Solicitors or Agents, either abroad or in England.

Leave to appeal
generally.

Form of petition
for special leave
to appeal.

Six copies of
Petition to be
lodged with
Affidavits in
support.

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5. A Petition for special leave to appeal shall in every
case be lodged with the least possible delay after the date of
the judgment from which leave to appeal is sought.

6. Where the Judicial Committee agree to advise Her
Majesty to grant special leave to appeal, they shall, in their
Report, specify the amount of the security for costs (if any) to
be lodged by the Petitioner, and shall, unless the
circumstances of a particular case render such a course
unnecessary, provide for the transmission of the Record by
the Registrar to the Registrar of the Privy Council and for
such further matters as the justice of the case may require.
Unless otherwise ordered the security shall be lodged at any
time before the Appellant enters an Appearance.

7. Save as by the four last preceding Rules other-wise
provided, the provisions of Rules 47 to 50 and 52 to 59 (all
inclusive) hereinafter contained shall apply mutatis mutandis to
Petitions for special leave to appeal.

8. Rules 3 to 7 (both inclusive) shall apply mutatis
mutandis to Petitions for leave to appeal in forma pauperis,
but in addition to the Affidavits referred to in Rule 4 every
such Petition shall be accompanied by an Affidavit from
the Petitioner stating that he is not worth £100 in the world
excepting his wearing apparel and his interest in the
subject-matter of the intended Appeal, and that he is unable
to provide sureties, and also by a certificate of Counsel that
the Petitioner has reasonable ground of appeal.

9. Where a Petitioner obtains leave to appeal in
forma pauperis. he shall not be required to lodge security for
the costs of the Respondent or to pay any Council Office fees.

10. A Petitioner whose Petition for leave to appeal
in forma pauperis is dismissed may, notwithstanding such
dismissal, be excused from paying the Council Office fees
usually chargeable to a Petitioner in respect of a Petition
for leave to appeal, if Her Majesty in Council, on the
advice of the Judicial Committee, shall think fit so to
order.

Time for lodging
Petition.

Security for costs
and transmission
of Record.

General
provisions.

Petitions for
special leave to
appeal in forma
pauperis.

Exemption from
paying fees.

Exemption from
payment of fees.

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Record and Appearance by Appellant
11. As soon as the Appeal has been admitted, whether

by an Order of the Court appealed from or by an Order of Her
Majesty in Council granting special leave to appeal, the
Appellant shall without delay take all necessary steps to have
the Record transmitted to the Registrar of the Privy Council,
and the Registrar shall, with all convenient speed, certify to the
Registrar of the Privy Council that the Respondent has
received notice, or is otherwise aware, of the Order of the
Court appealed from admitting the Appeal, or of the Order of
Her Majesty in Council giving the Appellant special leave to
appeal, and has also received notice, or is otherwise aware, of
the dispatch of the Record to England. Where an Appellant
who has obtained special leave to appeal by an Order of Her
Majesty in Council fails to have the Record transmitted to the
Registrar of the Privy Council with due diligence, the Registrar
of the Privy Council shall call upon the Appellant to explain
his default, and if no explanation is offered, or if the
explanation offered is, in the opinion of the said Registrar
insufficient, the said Registrar may issue a Summons to the
Appellant calling upon him to show cause before the Judicial
Committee at a time to be named in the said Summons why the
special leave to appeal granted should not be rescinded. The
Respondent shall be entitled to be heard before the Judicial
Committee in the matter of the said Summons and to ask for
his costs and such other relief as he may be advised. The
Judicial Committee may, after considering the matter of the
said Summons, recommend to Her Majesty to rescind the grant
of special leave to appeal or give such other directions therein
as the justice of the case may require.

12. (a) The Record may be printed either abroad or in
England.

(b) When a written Record is received from abroad
it shall, unless the parties agree to its being printed, be
duplicated by a process approved by the Registrar of the
Privy Council, and Rules IV to XI contained in Schedule A
hereto shall apply.

(c) If the Record is printed it shall be printed in
accordance with the Rules contained in Schedule A hereto.

Record to be
transmitted
without delay.

Printing or
duplicating of
Record.

Schedule A.

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(d) When the Record is printed abroad the parties in
England shall, upon perusal, consider whether the order of
the documents is in accordance with these Rules, and if it
is not, they shall agree upon the proper order. The
Appellant shall then rearrange copies of the Record for the
use of the Judicial Committee and the other parties. In the
event of the parties being unable to agree, the matter shall
be referred to the Registrar of the Privy Council who, if he
thinks fit, may require the parties to attend before the
Judicial Committee for directions.

13. Where the Record is printed abroad, the
Registrar shall, at the expense of the Appellant, transmit to
the Registrar of the Privy Council 40 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, if any, of the Court
appealed from.

14. 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.

15. Where part of the Record is printed abroad and
part is to be printed or duplicated in England, Rules 13 and
14 shall, as far as practicable, apply to such parts as are
printed abroad and such as are to be printed or duplicated
in England respectively.

16. The reasons given by the judge, or any of the
judges, for or against any judgment pronounced in the
course of the proceedings out of which the Appeal arises,
shall by such judge or judges be communicated in writing
to the Registrar and shall be included in the Record.

17. The Registrar, as well as the parties and their
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 unnecesssary

Record printed
abroad.

Record printed in
England.

Record printed
partly abroad.

Reasons for
judgments to be
included.

Exclusion of
unnecessary
documents from
Record.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

repetition of documents and headings and other merely
formal parts of documents; but the documents omitted to
be printed or copied shall be enumerated in a typewritten
list to be transmitted with the Record.

18. 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 abroad or printed or duplicated 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.

19. As soon as the Record is received in the Registry
of the Privy Council, it shall be registered in the said
Registry, with the date of arrival, the names of the parties,
and the description whether “printed” or “written.” A
Record, or any part of a record, not printed in accordance
with the Rules contained in Schedule A hereto shall be
treated as written. Appeals shall be numbered consecutively
in each year in the order in which the Records are received
in the said Registry.

20. The parties shall be entitled to inspect the Record
and to extract all necessary particulars therefrom for the
purpose of entering an Appearance.

21. The Appellant shall enter an Appearance before
taking any step in the prosecution of the Appeal, and after
entering such Appearance, shall forthwith give notice
thereof to the Respondent, if the latter has entered an
Appearance.

22. Where the Record arrives in England either
wholly written, or partly written and partly printed, the
Appellant shall, within a period of two months from the
date of such arrival, enter an Appearance and bespeak a
typewritten copy of the Record, or of such parts thereof as
it may be necessary to have copied, and shall engage to pay
the cost of preparing such copy at the current rate; and
shall also engage to pay at such price as shall be fixed by
the Registrar of the Privy Council the cost of printing or
duplicating at least 40 copies thereof.

Documents
objected to be
indicated.

Registration and
numbering of
Records.

Inspection of
Record by
parties.

Appearance of
Appellant.

Times within
which a copy of a
written Record
shall be
bespoken.

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

23. As soon as the Appellant has obtained the
typewritten copy of the Record bespoken by him, he shall
proceed, with due diligence, to arrange the documents in
suitable order, to check the index, to insert marginal notes
and check the same with the index, and, generally, to do
whatever may be required for the purpose of preparing the
copy for printing or duplication, in accordance with the
Rules contained in Schedule A hereto, and shall, if the
Respondent has entered an Appearance, submit the copy,
as prepared for printing or duplication, to the Respondent
for his approval. In the event of the parties being unable to
agree, the matter shall be referred to the Registrar of the
Privy Council who, if he thinks fit, may require the parties
to attend before the Judicial Committee for directions.

24. As soon as the typewritten copy of the Record is
ready, the Appellant shall lodge it in the Registry of the
Privy Council for printing or duplication by a person or
firm selected by the Registrar of the Privy Council, and at
the same time shall lodge the amount of the estimated cost
of printing or duplicating the Record.

25. Whenever it shall be found that the decision of a
matter on appeal is likely to turn exclusively on a question
of law, the parties, with the sanction of the Registrar of the
Privy Council, may submit such question of law to the
Judicial Committee in the form a Special Case, and print or
duplicate such parts only of the Record as may be
necessary for the discussion of the same:

Provided that nothing herein contained shall in any
way prevent the Judicial Committee from ordering the full
discussion of the whole case, if they shall so think fit, and
that, in order to promote such arrangements and
simplification of the matter in dispute, the said Registrar
may call the parties before him, and having heard them,
and examined the Record, may report to the Judicial
Committee as to the nature of the proceedings.

26. The Registrar of the Privy Council shall, as soon
as the proofs of the Record are ready, give notice to all
parties who have entered an Appearance requesting them
to attend at the Registry of the Privy Council at a time to be
named in such notice in order to examine the said proofs
and compare the same with the certified Record, and shall,
for that purpose, furnish each of the said parties with one
proof. After the examination has been completed,

Preparation of
copy of Record
for printing.

Lodging copy of
Record for
printing.

Special Case.

Examination of
proof of Record
and striking off
copies.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

the Appellant shall, without delay, lodge his proof, duly
corrected and (so far as necessary) approved by the
Respondent, and the Registrar of the Privy Council shall
thereupon cause the copies of the Record to be struck off
from such proof.

27. Each party who has entered an Appearance shall
be entitled to receive, for his own use, six copies of the
Record.

28. Subject to any special direction from the Judicial
Committee to the contrary, the costs of and incidental to
the printing or duplicating of the Record shall form part of
the costs of the Appeal, but the costs of and incidental to
the printing or duplicating of any document objected to by
one party, in accordance with Rule 18, shall, if such
document id found on the taxation of costs to be
unnecessary or irrelevant, be disallowed to, or borne by,
the party insisting on including the same in the Record.

Petition of Appeal
29. The Appellant shall lodge his Petition of Ap-

peal —
(a) where the Record arrives in England printed,

within a period of two months from the date of
such arrival;

(b) where the Record arrives in England written,
within a period of one month from the date of
the completion of the printing or duplication
thereof:

Provided that nothing in this Rule contained shall
preclude the Appellant from lodging his Petition of Appeal
prior to the arrival of the Record, or the completion of the
printing or duplicating thereof, if there are special reasons
why, in the opinion of the Registrar of the Privy Council, it
should be desirable for him to do so.

30. The Petition of Appeal shall be lodged in the
form prescribed by Rule 47 hereinafter contained. It shall
recite succinctly and, as far as possible, in chronological
order, the principal steps in the proceedings leading up to
the Appeal from the commencement thereof down to the
admission of the Appeal, but shall not contain
argumentative matter or travel into the merits of the case.

Copies of
Record.

How costs of
printing Record
to be borne.

Times within
which Petition
shall be lodged.

Form of Petition.

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31. The Appellant shall, after lodging his Petition of
Appeal, serve a copy thereof without delay on the
Respondent, as soon as the latter has entered an
Appearance, and shall endorse such copy with the date of
the lodgment.

Withdrawal of Appeal
32. Where an Appellant, who has not lodged his

Petition of Appeal, desires to withdraw his Appeal, he shall
give notice in writing to that effect to the Registrar of the
Privy Council, and the said Registrar shall, with all
convenient speed after the receipt of such notice, by letter
notify the Registrar of the Court appealed from that the
Appeal has been withdrawn, and the said Appeal shall
thereupon stand dismissed as from the date of the said
letter without further Order.

33. Where an Appellant, who has lodged his Petition
of Appeal, desires to withdraw his Appeal, he shall present
a Petition to that effect to Her Majesty in Council. On the
hearing of any such Petition a Respondent who has entered
an Appearance in the Appeal shall, subject to any
agreement between him and the Appellant to the contrary,
be entitled to apply to the Judicial Committee for his costs,
but where the Respondent has not entered an Appearance,
or, having entered an Appearance, consents in writing to
the prayer of the Petition, the Petition may, if the Judicial
Committee think fit, be disposed of in the same way
mutatis mutandis as a Consent Petition under the
provisions of Rule 56 hereinafter contained.

Non-Prosecution of Appeal
34. Where an Appellant takes no step in prosecution

of his Appeal within a period of two months from the date
of the arrival of the Record in England, the Registrar of the
Privy Council shall, with all convenient speed, by letter
notify the Registrar of the Court appealed from that the
Appeal has not been prosecuted, and the Appeal shall
thereupon stand dismissed for non-prosecution as from the
date of the said letter without further Order, and a copy of
the said letter shall be sent by the Registrar of the Privy
Council to any Respondent who has entered an Appearance
in the Appeal.

Service of
Petition.

Before Petition of
Appeal has been
lodged.

After Petition of
Appeal has been
lodged.

Where Appellant
takes no step in
prosecution.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

35. Where an Appellant who has entered an
Appearance —

(a) fails to bespeak a copy of a written Record, or of
part of a written Record, in accordance with, and
within the period prescribed by, Rule 22; or

(b) having bespoken such copy within the period
prescribed by Rule 22, fails thereafter to proceed
with due diligence to take all such further steps
as may be necessary for the purpose of
completing the printing or duplication of the
said Record; or

(c) fails to lodge his Petition of Appeal within the
periods respectively prescribed by Rule 29,

the Registrar of the Privy Council shall call upon the
Appellant to explain his default, and, if no explanation is
offered, or if the explanation offered is, in the opinion of
the said Registrar, insufficient, the said Registrar shall,
with all convenient speed, by letter notify the Registrar of
the Court appealed from the Appeal has not been
effectively prosecuted, and the Appeal shall thereupon
stand dismissed for non-prosecution as from the date of the
said letter without further Order, and a copy of the said
letter shall be sent by the Registrar of the Privy Council to
all the parties who have entered an Appearance in the
Appeal.

36. Where an Appellant, who has lodged his Petition
of Appeal, fails thereafter to prosecute his Appeal with due
diligence, the Registrar of the Privy Council shall call upon
him to explain his default, and, if no explanation is offered,
or if the explanation offered is, in the opinion of the said
Registrar, insufficient, the said Registrar shall issue a
Summons to the Appellant calling upon him to show cause
before the Judicial Committee at a time to be named in the
said Summons why the Appeal should not be dismissed for
non-prosecution:

Provided that no such Summons shall be issued by
the said Registrar before the expiration of one year from
the date of the arrival of the Record in England. If the
Respondent has entered an Appearance in the Appeal, the
Registrar of the Privy Council shall send him a copy of the
said Summons, and the Respondent shall be entitled to be
heard before the Judicial Committee in the matter of the
said Summons at the time named and to ask for his costs

Non-prosecution
after Appellant’s
appearance.

Non-prosecution
after lodgment of
Petition of
Appeal.

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

and such other relief as he may be advised. The Judicial
Committee may, after considering the matter of the said
Summons, recommend to Her Majesty the dismissal of the
Appeal for non-prosecution, or give such other directions
therein as the justice of the case may require.

37. An Appellant whose Appeal has been dismissed
for non-prosecution may present a Petition to Her Majesty
in Council praying that his Appeal may be restored.

Appearance by Respondent
38. The Respondent may enter an Appearance at

any time between the arrival of the Record and the hearing
of the Appeal, but if he unduly delays entering an Appear-
ance he shall bear, or be disallowed, the costs occasioned
by such delay, unless the Judicial Committee otherwise
direct.

39. The Respondent shall forthwith after entering an
Appearance give notice thereof to the Appellant, if the
latter has entered an Appearance.

40. Where there are two or more Respondents, and
only one, or some, of them enter an Appearance, the
Appearance Form shall set out the names of the appearing
Respondents.

41. Two or more Respondents may, at their own risk
as to costs, enter separate Appearances in the same Appeal.

42. A Respondent who has not entered an
Appearance shall not be entitled to receive any notices
relating to the Appeal from the Registrar of the Privy
Council, nor be allowed to lodge a Case in the Appeal.

43. Where a Respondent fails to enter an Appearance
in an Appeal, the following Rules shall, subject to any
special Order of the Judicial Committee to the contrary,
apply —

(a) if the non-appearing Respondent was a Respon-
dent at the time when the Appeal was admitted,
whether by the Order of the Court appealed from or
by an Order of Her Majesty in Council giving the
Appellant special leave to appeal, and it

Restoring an
Appeal.

Time within
which
Respondent may
appear.

Notice of
Appearance by
Respondent.

Form of
Appearances.

Separate
Appearances.

Non-appearing
Respondent.

Procedure on
non-appearance
of Respondent.

CH.52 – 26] COURT OF APPEAL






STATUTE LAW OF THE BAHAMAS [Original Service 2001]

appears from the terms of the said Order, or
Order in Council, or otherwise from the Record,
or from a Certificate of the Registrar of the
Court appealed from, that the said non-
appearing Respondent has received notice, or
was otherwise aware, of the Order of the Court
appealed from admitting the Appeal, or of the
Order of Her Majesty in Council giving the
Appellant special leave to appeal, and has also
received notice, or was otherwise aware, of the
dispatch of the Record to England, the Appeal
may, if all other conditions of its being set down
are satisfied, be set down ex parte as against the
said non-appearing Respondent at any time after
the expiration of two months from the date of
the lodging of the Petition of Appeal;

(b) if the non-appearing Respondent was made a
Respondent by an Order of Her Majesty in
Council subsequently to the admission of the
Appeal, and it appears from the Record, or from
a Supplementary Record, or from a Certificate
of the Registrar of the Court appealed from, that
the said non-appearing Respondent has received
notice, or was otherwise aware, of any intended
application to bring him on the Record as a
Respondent, the Appeal may, if all other
conditions of its being set down are satisfied, be
set down ex parte as against the said non-
appearing Respondent at any time after the
expiration of two months from the date on which
he shall have been served with a copy of Her
Majesty’s Order in Council bringing him on the
Record as a Respondent:

Provided that where it is shown to the satisfaction of
the Registrar of the Privy Council, by Affidavit or
otherwise, either that an Appellant has made every
reasonable endeavour to serve a non-appearing Respon-
dent with the notices mentioned in clause (a) and (b)
respectively and has failed to effect such service, or that it
is not the intention of the non-appearing Respondent to
enter an Appearance to the Appeal, the Appeal may,
without further Order in that behalf and at the risk of the
Appellant, be proceeded with ex parte as against the said
non-appearing Respondent.

COURT OF APPEAL [CH.52– 27






[Original Service 2001] STATUTE LAW OF THE BAHAMAS

44. A Respondent who desires to defend an Appeal in
forma pauperis may present a Petition to that effect to Her
Majesty in Council, which Petition shall be accompanied by
an Affidavit from him stating that he is not worth £100 in the
world excepting his wearing apparel and his interest in the
subject-matter of the Appeal.

Petitions Generally
45. All Petitions for orders or directions as to

matters of practice or procedure arising after the lodging of
the Petition of Appeal and not involving any change in the
parties to an Appeal shall be addressed to the Judicial
Committee. All other Petitions shall be addressed to Her
Majesty in Council, but a Petition which is properly
addressed to Her Majesty in Council may include, as
incidental to the relief thereby sought, a prayer for orders
or directions as to matters of practice or procedure.

46. Where an Order made by the Judicial Committee
does not embody any special terms or include any special
directions, it shall not be necessary to draw up such Order,
unless the Committee otherwise direct, but a Note thereof
shall be made by the Registrar of the Privy Council.

47. All Petitions shall consist of paragraphs num-
bered consecutively and shall be written, typewritten or
lithographed, on paper with quarter margin and endorsed
with the name of the Court appealed from, the full title and
Privy Council number of the Appeal to which the Petition
relates or the full title of the Petition (as the case may be),
and the name and address of the London Agent (if any) of
the Petitioner, but need not be signed, except as provided
by Rule 3. Unless the Petition is a Consent Petition within
the meaning of Rule 56 at least six copies thereof shall be
lodged.

48. Where a Petition is expected to be lodged, or has
been lodged, which does not relate to any pending Appeal
of which the Record has been registered in the Registry of
the Privy Council, any person claiming a right to appear
before the Judicial Committee on the hearing of such
Petition may lodge a Caveat in the matter thereof, and shall
thereupon be entitled to receive from the Registrar of the
Privy Council notice of the lodging of the Petition, if at the
time of the lodging of the Caveat such Petition has not

Respondent
defending Appeal
in forma pauperis.

Mode of
addressing
Petitions.

Orders on
Petitions which
need not be
drawn up.

Form of Petition.

Caveat.

CH.52 – 28] COURT OF APPEAL






STATUTE LAW OF THE BAHAMAS [Original Service 2001]

yet been lodged, and, if and when the Petition has been
lodged, to require the Petitioner to serve him with a copy
of the Petition, and to furnish him, at his own expense,
with copies of any paper lodged by the Petitioner in
support of his Petition. The Caveator shall forthwith after
lodging his Caveat give notice thereof to the Petitioner, if
the Petition has been lodged.

49. Where a Petition is lodged in the matter of any
pending Appeal of which the Record has been registered in
the Registry of the Privy Council, the Petitioner shall serve
any party who has entered an Appearance in the Appeal
with a copy of such Petition, and the party so served shall
thereupon be entitled to require the Petitioner to furnish
him, at his own expense, with copies of any papers lodged
by the Petitioner in support of his Petition.

50. A Petition not relating to any Appeal of which
the Record has been registered in the Registry of the Privy
Council, and any other Petition containing allegations of
fact which cannot be verified by reference to the registered
Record or any certificate or duly authenticated statement of
the Court appealed from, shall be supported by Affidavit.
Where the Petitioner prosecutes his Petition in person, the
said Affidavit shall be sworn by the Petitioner himself and
shall state that, to the best of the deponent’s knowledge,
information and belief, the allegations contained in the
Petition are true. Where the Petitioner is represented by an
Agent, the said Affidavit shall be sworn by such Agent and
shall, besides stating, that, to the best of the deponent’s
knowledge, information and belief, the allegations
contained in the Petition are true, show how the deponent
obtained his instructions and the information enabling him
to present the Petition.

51. A Petition for an Order of Revivor or Substitution
shall be accompanied by a certificate or duly authenticated
statement from the Court appealed from showing who, in
the opinion of the said Court, is the proper person to be
substituted, on entered, on the Record in place of, or in
addition to. a party who has died or undergone a change of
status.

52. The Registrar of the Privy Council may refuse to
receive a Petition on the grounds that it discloses no
reasonable cause of appeal, or is frivolous, or contains

Service of
Petition.

Verifying
Petition by
Affidavit.

Petition for
Order of Revivor
or Substitution.

Petition may be
refused.

COURT OF APPEAL [CH.52– 29






[Original Service 2001] STATUTE LAW OF THE BAHAMAS

scandalous matter or fails to comply with the provisions of
Rule 3, but the Petitioner may appeal, by way of motion,
from such refusal to the Judicial Committee.

53. As soon as a Petition and all necessary documents
are lodged the Petition shall thereupon be deemed to be set
down.

54. On each day appointed by the Judicial Committee
for the hearing of Petitions the Registrar of the Privy
Council shall, unless the Committee otherwise direct, put in
the paper for hearing all such Petitions as have been set
down:

Provided that, in the absence of special circumstances
of urgency to be shown to the satisfaction of the said
Registrar, no Petition, if opposed, shall be put in the paper
for hearing before the expiration of ten clear days from the
lodging thereof, unless the Opponent consents to the
Petition being put in the paper on an earlier day.

55. Subject to the provisions of the next following
Rule, the Registrar of the Privy Council shall, as soon as
the Judicial Committee have appointed a day for the
hearing of a Petition, notify all parties concerned by
Summons of the day so appointed.

56. Where the prayer of a Petition is consented to in
writing by the opposite party, or where a Petition is of a
formal and non-contentious character, the Judicial Com-
mittee may, if they think fit, make their Report to Her
Majesty on such Petition, or make their Order thereon, as
the case may be, without requiring the attendance of the
parties In the Council Chamber, and the Registrar of the
Privy Council shall not in any such case issue the
Summons provided for by the last preceding Rule, but shall
with all convenient speed after the Committee have made
their Report or Order notify the parties that the Report or
Order has been made and of the date and nature of such
Report or Order.

57. A Petitioner who desires to withdraw his Petition
shall give notice in writing to that effect to the Registrar of
the Privy Council. Where the Petition is opposed, the
Opponent shall, subject to any agreement between the
parties to the contrary, be entitled to apply to the Judicial
Committee for his costs, but where the Petition is

Setting down
Petition.

Times within
which set down
Petitions shall be
heard.

Notice to parties
of day fixed for
hearing.

Procedure where
Petition is
consented to or is
formal.

Withdrawal of
Petition.

CH.52 – 30] COURT OF APPEAL






STATUTE LAW OF THE BAHAMAS [Original Service 2001]

unopposed, or where, in the case of an opposed Petition,
the parties have come to an agreement as to the costs of the
Petition, the Petition may, if the Judicial Committee think
fit, be disposed of in the same way mutatis mutandis as a
Consent Petition under the provisions of the last preceding
Rule.

58. Where a Petitioner unduly delays bringing a
Petition to a hearing the Registrar of the Privy Council
shall call upon him to explain the delay, and if no
explanation is offered, or if the explanation offered is, in
the opinion of the said Registrar, insufficient, the said
Registrar may, after notifying all parties interested by
Summons of his intention to do so, put the Petition in the
paper for hearing on the next following day appointed by
the Judicial Committee for the hearing of Petitions for such
directions as the Committee may think fit to give thereon.

59. At the hearing of a Petition not more than one
Counsel shall be admitted to be heard on a side.

Case
60. No party to an Appeal shall be entitled to be

heard by the Judicial Committee unless he has previously
lodged his Case in the Appeal:

Provided that where a Respondent who has entered
an Appearance does not desire to lodge a Case in the
Appeal, he may give the Registrar of the Privy Council
notice in writing of his intention not to lodge any Case,
while reserving his right to address the Judicial Committee
on the question of costs.

61. (a) The Case may be printed either abroad or in
England, and shall, in either event, be printed
in accordance with Rules I to III contained in
Schedule A hereto.

(b) When the Case is not printed abroad it shall,
unless the parties agree to its being printed in
England, be duplicated by a process approved by
the Registrar of the Privy Council.

(c) Where the Case is printed or duplicated every
tenth line thereof shall be numbered in the
margin and it shall be signed by at least one of

Procedure where
hearing of
Petition unduly
delayed.

Only one
Counsel.

Lodging of Case.

Printing or
duplicating of
Case.

COURT OF APPEAL [CH.52– 31






[Original Service 2001] STATUTE LAW OF THE BAHAMAS

the Counsel who attends at the hearing of the
Appeal or by the party himself if he conducts his
Appeal in person.

62. Each party shall lodge 30 copies of his Case
either printed or duplicated.

63. The Case shall consist of paragraphs numbered
consecutively and shall state, as concisely as possible, the
circumstances out of which the Appeal arises, the
contentions to be urged by the party lodging the same, and
the reasons of appeal. References by page and line to the
relevant portions of the Record as printed or duplicated
shall, as far as practicable, be printed or duplicated in the
margin, and care shall be taken to avoid, as far as possible,
the reproduction 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 the opposite party, inquire into any unnecessary
prolixity in the Case, and shall disallow the costs
occasioned thereby.

64. Two or more Respondents may, at their own risk
as to costs, lodge separate Cases in the same Appeal.

65. Each party shall, after lodging his Case, forthwith
give notice thereof to the other party.

66. Subject as hereinafter provided, the party who
lodges his Case first may, at any time after the expiration
of three clear days from the day on which he has given the
other party the notice prescribed by the last preceding
Rule, serve such other party, if the latter has not in the
meantime lodged his Case, with a “Case Notice”, requiring
him to lodge his Case within one month from the date of
the service of the said Case Notice and informing him that,
in default of his so doing, the Appeal will be set down for
hearing ex parte as against him, and if the other party fails
to comply with the said Case Notice, the party who has
lodged his Case may, at any time after the expiration of the
time limited by the said Case Notice for the lodging of the
Case, lodge an Affidavit of Service (which shall set out the
terms of the said Case Notice), and the Appeal shall
thereupon, if all other conditions of its being set down are
satisfied, be set down ex parte as against the party in
default:

Number of
copies to be
lodged.
Form of Case.

Separate Cases.

Notice of
lodgment.

Case Notice.

CH.52 – 32] COURT OF APPEAL






STATUTE LAW OF THE BAHAMAS [Original Service 2001]

Provided that no Case Notice shall be served until
after the completion of the printing or duplication, or
rearrangement under Rule 12, of the Record, and also that
nothing in this Rule contained shall preclude the party in
default from lodging his Case, at his own risk as regards
costs and otherwise, at any time up to the date of hearing.

67. Subject to the provisions of Rule 43 and of the
last preceding Rule, an Appeal shall be set down ipso facto
as soon as the Cases on both sides are lodged, and the
parties shall thereupon exchange Cases by handing one
another, either at the Offices of one of the Agents or in the
Registry of the Privy Council, ten copies of their respective
Cases.

Binding Records, etc.
68. As soon as an Appeal is set down, the Appellant

shall attend at the Registry of the Privy Council and obtain
seven copies of the Record and Cases to be bound for the
use of the Judicial Committee at the hearing. The copies
shall be bound in cloth with paper sides. The front cover
shall bear a label stating the title and Privy Council number
of the Appeal, the contents of the volume, and the names
and addresses of the London Agents. The several
documents, indicated by incuts, shall be arranged in the
following order: (1) Appellant’s Case; (2) Respondent’s
Case; (3) Record (if in more than one part, showing the
separate parts by incuts, all parts being paged at the top of
the page); (4) Supplemental Record (if any); and the short
title and Privy Council number of the Appeal shall also be
shown on the back.

69. The Appellant shall lodge the bound copies not
less than four days before the commencement of the
Sittings during which the Appeal is to be heard.

Hearing
70. The Registrar of the Privy Council shall name a

day on or before which Appeals must be set down if they
are to be entered in the List of Business for the ensuing
Sittings. All Appeals set down on or before the day named
shall, subject to any directions from the Committee or to
any agreement between the parties to the contrary, be
entered in such List of Business and shall, subject to any
directions from the Committee to the contrary, be heard in
the order in which they are set down.

Setting down
Appeal and
exchanging
Cases.

Mode of binding
Records, etc.

Time limit.

Notice of final
date for setting
down.

COURT OF APPEAL [CH.52– 33






[Original Service 2001] STATUTE LAW OF THE BAHAMAS

71. The Registrar of the Privy Council shall, subject
to the provisions of Rule 42, notify the parties to each
Appeal by Summons, at the earliest possible date, of the
day appointed by the Judicial Committee for the hearing of
the Appeal, and the parties shall be in readiness to be heard
on the day so appointed.

72. At the hearing of an Appeal not more than two
Counsel shall be admitted to be heard on a side.

73. In Admiralty Appeals the Judicial Committee
may, if they think fit, require the attendance of two
Nautical Assessors.

Judgment
74. Where the Judicial Committee, after hearing an

Appeal, decide to reserve their Judgment thereon, the
Registrar of the Privy Council shall in due course notify
the parties by Summons of the day appointed by the
Committee for the delivery of the Judgment.

Costs
75. All Bills of Costs under the Orders of the Judicial

Committee on Appeals, Petitions and other matters, shall be
referred to the Registrar of the Privy Council, or such other
person as the Judicial Committee may appoint, for taxation,
and all such taxations shall be regulated by the Schedule of
Fees set forth in Schedule B hereto.

76. The taxation of costs in England shall be limited
to costs incurred in England.

77. The Registrar of the Privy Council shall, with all
convenient speed after the Judicial Committee have given their
decision as to the costs of an Appeal, Petition or other matter,
issue to the party to whom costs have been awarded an Order
to tax and a Notice specifying the day and hour appointed by
him for taxation. The party receiving such Order to tax and
Notice shall, not less than 48 hours before the time appointed
for taxation, lodge his Bill of Costs (together with all necessary
vouchers for disbursements), and serve the opposite party with
a copy of his Bill of Costs and of the Order to tax and Notice.

Notice of day
fixed for hearing.

Number of
Counsel.

Nautical
Assessors.

Notice of day
fixed for
Judgment.

Taxation of
costs.



Schedule B

Costs taxed in
England.

Order to tax.

CH.52 – 34] COURT OF APPEAL






STATUTE LAW OF THE BAHAMAS [Original Service 2001]

78. The Taxing Officer may, if he think fit, disallow
to any party who fails to lodge his Bill of Costs (together
with all necessary vouchers for disbursements) within the
time prescribed by the last preceding Rule, or who in any
way delays or impedes a taxation, the charges to which such
party would otherwise be entitled for drawing his Bill of
Costs and attending the taxation.

79. Any party aggrieved by a taxation may appeal
from the decision of the Taxing Officer to the Judicial
Committee. The Appeal shall be heard by way of motion,
and the party appealing shall give three clear days’ Notice
of Motion to the opposite party, and shall also leave a copy
of such Notice in the Registry of the Privy Council.

80. The amount allowed by the Taxing Officer on
the taxation shall, subject to any appeal from his taxation to
the Judicial Committee and subject to any direction from
the Committee to the contrary, be inserted in Her Majesty’s
Order in Council determining the Appeal or Petition.

81. Where the Judicial Committee directs costs to be
taxed on the pauper scale, the Taxing Officer shall not
allow any fees of Counsel, and shall only award to the
Agents out-of-pocket expenses and a reasonable allowance
to cover office expenses, such allowance to be taken at
about three-eighths of the usual professional charges in
ordinary Appeals. Such pauper scale shall apply to and
include the application upon which leave to appeal in
forma pauperis was granted.

82. Where the Appellant has lodged security for the
Respondent’s costs of an Appeal in the Registry of the
Privy Council, the Registrar of the Privy Council shall deal
with such security in accordance with the directions
contained in Her Majesty’s Order in Council determining
the Appeal.

Miscellaneous
83. The Judicial Committee may, for sufficient cause

shown, excuse the parties from compliance with any of the
requirements of these Rules, and may give such directions in
matters of practice and procedure as they shall consider just
and expedient. Applications to be excused from

Power of Taxing
Officer.

Appeal from
decision of
Taxing Officer.

Amount of taxed
costs to be
inserted in Her
Majesty’s Order
in Council.

Taxation on
pauper scale.

Security.

Power of Judicial
Committee to
excuse from
compliance with
Rules.

COURT OF APPEAL [CH.52– 35






[Original Service 2001] STATUTE LAW OF THE BAHAMAS

compliance with the requirements of any of these Rules
shall be addressed in the first instance to the Registrar of
the Privy Council, who shall take the instructions of the
Committee thereon and communicate the same to the
parties. If, in the opinion of the said Registrar, it is
desirable that the application should be dealt with by the
Committee in open Court, he may direct the party applying
to lodge in the Registry of the Privy Council, and to serve
the opposite party with, a Notice of Motion returnable
before the Committee.

84. Any document lodged in connection with an
Appeal, Petition or other matter pending before Her
Majesty in Council or the Judicial Committee, may be
amended by leave of the Registrar of the Privy Council, but
if the said Registrar is of opinion that an application for
leave to amend should be dealt with by the Committee in
open Court, he may direct the party applying to lodge in
the Registry of the Privy Council, and to serve the opposite
party with, a Notice of Motion returnable before the
Committee.

85. Affidavits relating to any Appeal, Petition or
other matter pending before Her Majesty in Council or the
Judicial Committee may be sworn before the Registrar of
the Privy Council.

86. Where a party to an Appeal, Petition or other
matter pending before Her Majesty in Council changes his
Agent, such party, or the new Agent, shall forthwith give
the Registrar of the Privy Council and the outgoing Agent
notice in writing of the change, and shall amend the
Appearance accordingly. Until such notices are given the
former Agent shall be considered the Agent of the party
until the final conclusion of the Appeal, Petition or other
matter.

87. Subject to the provisions of any Statute or of any
Statutory Rule or Order to the contrary, these Rules shall
apply to all matters falling within the Appellate Jurisdic-
tion of Her Majesty in Council.

88. These Rules may be cited as the Judicial
Committee Rules, 1957.

Amendment of
documents.

Affidavits.

Change of Agent.

Scope of
application of
Rules.

Citation.

CH.52 – 36] COURT OF APPEAL






STATUTE LAW OF THE BAHAMAS [Original Service 2001]

SCHEDULE A (Rule 12)


RULES AS TO PRINTING AND DUPLICATING
I. All Records and other proceedings in Appeals or other

matters pending before Her Majesty in Council or the Judicial
Committee which are required by the above Rules to be printed
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. 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.

IV. Records shall be arranged in two parts in the same
volume, where practicable, viz —

Part I. The pleadings and proceedings, the transcript of the
evidence of the witnesses, the Judgments, Decrees, &c., of
the Courts below down to the Order admitting the Appeal.
Part II. The exhibits and documents.
V. The Index to Part I shall be in chronological order, and

shall be placed at the beginning of the volume.
The Index to Part II shall follow the order of the exhibit

mark, and shall be placed immediately after the Index to Part I.
VI. Part I shall be arranged strictly in chronological order,

i.e., in the same order as the Index.
Part II shall be arranged in the most convenient way for the

use of the Judicial Committee, as the circumstances of the case
require. The documents shall be as far as suitable in chronological
order, mixing Plaintiff’s and Defendant’s documents together when
necessary. Each document shall show its exhibit mark, and whether
it is a Plaintiff’s or Defendant’s document (unless this is clear from
the exhibit mark) and in all cases documents relating to the same
matter, such as —
(a) a series of correspondence; or
(b) proceedings in a suit other than the one under appeal,
shall be kept together. The order in the Record of the documents
in Part II will probably be different from the order of the Index,
and the proper page number of each document shall be inserted
in the Index.

The parties will be responsible for arranging the Record in
proper order for the Judicial Committee, and in difficult cases
Counsel may be asked to settle it.

COURT OF APPEAL [CH.52– 37






[Original Service 2001] STATUTE LAW OF THE BAHAMAS

VII. The documents in Part I shall be numbered consecutively.
The documents in Part II shall not be numbered, apart from the

exhibit mark.
VIII. Each document shall have a heading which shall

consist of the number or exhibit mark and the description of the
document in the Index, without the date.

IX. Each document shall have a marginal note which
shall be repeated on each page over which the document
extends, viz —

PART I.
(a) Where the case has been before more than one Court, the

short name of the Court shall first appear. Where the case
has been before only one Court, the name of the Court need
not appear.

(b) The marginal note of the document shall then appear
consisting of the number and the description of the
document in the Index, with the date, except in the case of
oral evidence.

(c) In the case of oral evidence, “Plaintiff’s evidence” or
“Defendant’s evidence” shall appear beneath the name of
the Court, and then the marginal note consisting of the
number in the Index and the witness’s name, with
“examination”, “cross-examination”, or “re-examination”,
as the case may be.

PART II.
The word “Exhibits” shall first appear.
The marginal note of the exhibit shall then appear

consisting of the exhibit mark and the description of the
document in the Index, with the date.

X. The parties shall agree to the omission of formal and
irrelevant documents, but the description of the document may
appear (both in the Index and in the Record), if desired, with the
words “not printed” or “not duplicated” against it.

A long series of documents, such as accounts, rent rolls.
inventories, &c., shall not be printed or duplicated in full, unless
Counsel so advise, but the parties shall agree to short extracts
being printed or duplicated as specimens.

XI. In cases where maps sent from abroad are of an
inconvenient size or unsuitable in character, the Appellant shall,
in agreement with the Respondent, prepare in England, from the
materials sent from abroad, maps drawn properly to scale and of
reasonable size, showing, as far as possible, the claims of the
respective parties, in different colours.

CH.52 – 38] COURT OF APPEAL






STATUTE LAW OF THE BAHAMAS [Original Service 2001]

SCHEDULE B (Rule 75)

I

FEES ALLOWED IN APPEALS OR OTHER MATTERS
BEFORE THE JUDICIAL COMMITTEE

OF THE PRIVY COUNCIL
Agents are required to adhere as far as possible to the items

shown in the Scale, but it is within the discretion of the Taxing
Officer to allow further charges —
(a) in relation to items not mentioned in the Scale; or
(b) of an amount higher than that prescribed by the Scale.

A
APPELLANT’S COSTS OF PETITION FOR SPECIAL LEAVE

TO APPEAL 9

£ s d.
Instructions for Petition 1 10 0
Perusing papers sent from abroad in support of

Petition, according to length 10
Drawing Petition, per folio 0 4 6
(Extracts or copies matter, if any, at 1/- per folio)
Making copied of all necessary papers for Counsel,

per folio 11 0 1 0
Attending Counsel with papers 1 0 0
Paid fee to Counsel to settle Petition, and Clerk
Six copies Petition to lodge, at per folio for each copy 0 1 0
Six copies Judgment to lodge, at per folio for each

copy 0 1 0
Drawing affidavit in support of Petition, per folio 0 4 0
Copying same, per folio 0 1 0


9 These fees are applicable mutatis mutandis to an application for stay of execution

and other matters of a similar character. The costs of obtaining special leave to appeal
form part of the bill of costs of the Appeal, and are usually taxed at the conclusion of the
matter.

10 If leave to appeal is granted, this amount is taken into consideration in connection
with the fee allowed for perusing the Record, as most of the documents sent over for the
application for special leave to appeal ultimately form part of the Record. At this
preliminary stage an entire perusal of the Record is unnecessary.

11 Only those strictly necessary for the purpose of settling the petition — not the
whole Record.

S.I. 1963/372.

COURT OF APPEAL [CH.52– 39






[Original Service 2001] STATUTE LAW OF THE BAHAMAS



Attending to be sworn 1 0 0
Paid oath (unless sworn at the Privy Council Office)

as paid
Attending lodging Petition and necessary documents 1 0 0
Copying Petition and affidavit for Respondent, per

folio 0 1 0
Attending serving Respondent’s Solicitors 1 0 0
Instructions to Counsel to support Petition 1 10 0
Copying same, per folio 0 1 0
Copy Petition for Counsel, per folio 0 1 0
Copy affidavit(s) for Counsel, per folio 0 1 0
Attending Counsel with papers,

if fee under 30 guineas 1 0 0
if 30 guineas or more 3 0 0

Paid fee to Counsel and Clerk 12 0
Attending to appoint conference 1 0 0
Paid conference fee and Clerk 7 14 6
Attending conference 2 5 0
Copy summons for hearing, for Counsel 0 5 0
Attending Counsel therewith 1 0 0
3 0 0
Attending Council Chamber when Petition heard to
5 0 0
Attending paying Office fees 1 0 0
Paid fees (as paid) 1 0 0
Approved draft order 1 0 0
Attending lodging order approved 1 0 0
Writing Appellant’s Agent with order and copy for

use 1 0 0
Letters, etc. 2 5 0




12 One Counsel only is allowed. Retainer fee not allowed.

CH.52 – 40] COURT OF APPEAL






STATUTE LAW OF THE BAHAMAS [Original Service 2001]

B
RESPONDENT’S COSTS OF OPPOSING PETITION FOR

SPECIAL LEAVE TO APPEAL 13

£ s. d.
Instructions to oppose Petition for special leave to

appeal 1 10 0
Preparing and copy Caveat 0 10 0
Attending at Privy Council Office lodging same 1 0 0
Paid fee 1 5 0
Notice of lodging Caveat, copy and service

(if Petition already lodged) 0 10 0
Perusing documents sent by Respondent’s Agent,

according to length
Perusing Petition for special leave to appeal and

affidavit, according to length,
Instructions to Counsel to oppose Petition 1 10 0
Copying same, per folio 0 1 0
Copy Petition and affidavit for Counsel, per folio 0 1 0
Attending Counsel with papers,

if fee under 30 guineas 1 0 0
if 30 guineas or more 3 0 0

Paid his fee and Clerk 14
Attending to appoint conference 1 0 0
Paid Conference fee and Clerk 7 14 6
Attending conference 2 5 0
Copy summons for hearing 0 5 0
Attending Counsel therewith 1 0 0
3 0 0
Attending Council Chamber when Petition heard to
5 0 0
Drawing Bill of Costs and copy, per folio 0 3 0
Attending lodging same 1 0 0
Copy order to tax for Appellant 0 10 0
Copy Bill of Costs for Appellant, per folio 0 1 0


13 When special leave to appeal is granted, these costs form part of a successful

Respondent’s costs of Appeal, and are taxed at the conclusion of the matter. This
contemplates the Petition being dismissed with costs.

14 One Counsel only is allowed. Retainer fee not allowed.

COURT OF APPEAL [CH.52– 41






[Original Service 2001] STATUTE LAW OF THE BAHAMAS



Attending him therewith and with order to tax 1 0 0
Attending taxing 3 0 0
Attending paying Council Office fees 1 0 0
Paid fees (as paid)
Approving draft order 1 0 0
Attending lodging order approved 1 0 0
Writing Agent therewith 1 0 0
Letters, etc 2 5 0

C
APPELLANT’S COSTS OF APPEAL

£ s. d.
Retainer fee 3 0 0
Attending at Privy Council Office lodging

Security for Respondent’s Costs, special
leave to appeal having been granted 1 0 0

Appearance
Attending at Privy Council Office to enquire if Record

had arrived, filing enquiry card if it had not 1 0 0
On receiving notice that it had, attending taking

particulars for the purpose of entering Appearance 1 0 0
Drawing Appearance 0 10 0
Attending at the Council Office to enter same 1 0 0
Notice to Respondent’s Solicitor if he has

entered Appearance 0 10 0
Record

Printed Abroad
Attending at Privy Council Office, obtaining six

prints of Record 1 0 0
Perusing printed Record, per each 8 full pages 2 5 0
If there are maps or plans, a further small fee may

be allowed for examining
Printed or duplicated in England

Attending bespeaking official copy of Record,
and signing undertaking to pay costs of
copying and printing or duplicating 15 1 0 0

Attending obtaining same 1 0 0


15 If the Appellant has a duplicate Record in his possession, this should be used

instead of obtaining a copy, after checking same against certified copy.

CH.52 – 42] COURT OF APPEAL






STATUTE LAW OF THE BAHAMAS [Original Service 2001]



Paid Privy Council stationer’s charges for same
(as paid)



Perusing manuscript Record, for each 25 folios
16 0 15 0
Drawing Index, per folio 17 0 4 0
Copy for printer, per folio 0 1 0
Drawing marginal notes, per folio 0 1 0
Attending Respondent with official copy of

Record, and arranging as to order or omission
of documents 18 1 0 0

On receipt of copy Record from Respondent,
attending at Privy Council Office therewith
for printing or duplicating 1 0 0

Attending at Privy Council Office lodging
cheque to cover cost of printing or
duplicating 1 0 0

Attending at Privy Council Office examining
proof with certified copy 19
each day 6 10 0
each half day 5 0 0

Correcting revised print of Record, per sheet of
8 pages 1 0 0

Correcting revised duplicated copy of Record,
per sheet of 10 pages 1 0 0

Attending Respondent with revise to compare
corrections and obtaining consent to its being
struck off 1 0 0

Attending lodging same at Privy Council Office 1 0 0
Paid printer’s bill (as paid)
Attending at Privy Council Office to pay same

and to obtain prints of Record 1 0 0
Revivor

Instructions for petition to revive 1 0 0
Perusing Supplemental Record or Certificate as

to parties from Court appealed from, same
scale as Record



Drawing Petition, per folio 0 4 6
Copy, per folio 0 1 0


16 If the Record is in a confused state and requires re-arrangement, a further fee may

be allowed.
17 No copy allowed for Respondent, who sees the draft.
18 Attention is directed to Rules 17 and 18 of The Judicial Committee Rules, 1957, as

to the disallowance of the costs of including unnecessary documents.
19 Appointments for this are made by the Privy Council Office.

COURT OF APPEAL [CH.52– 43






[Original Service 2001] STATUTE LAW OF THE BAHAMAS



Attending serving Respondent and obtaining his
consent to prayer

1 0 0

Attending lodging Petition 1 0 0
Copy for Respondent, per folio 0 1 0
Approving draft order 1 0 0
Attending lodging same at Privy Council Office 1 0 0
Writing to agent abroad with order 1 0 0

Consolidation
Instructions for Petition to consolidate 1 0 0

The remaining charges are mutatis mutandis
similar to those on a Petition to revive



Retainer
Instructions for and preparing retainer to
Counsel 20

1 5 0

Attending Counsel therewith 1 0 0
Paid his fee and clerk 3 8 6

Petition of Appeal
Instructions for Petition of Appeal 1 0 0
Drawing same, per folio 0 4 6
Attending Counsel therewith to settle 21 1 0 0
Paid his fee and clerk 5 15 6
Copying Petition, per folio 0 1 0
Copy Petition for Respondent, per folio 0 1 0
Attending him therewith 1 0 0
Attending lodging Petition 1 0 0

Case
Instructions for Appellant’s case
Drawing same, per folio 0 4 6
When two Counsel instructed —
Two copies Petition of Appeal for Counsel, each,

per folio
0 1 0

Attending Junior Counsel with papers to settle
Case —



if fee under 30 guineas 1 0 0
if 30 guineas or more 3 0 0


20 Retainer allowed to one Counsel only. If Counsel retained dies or is promoted to

the Bench no second retainer is allowed, and this also applies to the Brief fee.
21 The Petition of Appeal is not now usually settled by Counsel.

CH.52 – 44] COURT OF APPEAL






STATUTE LAW OF THE BAHAMAS [Original Service 2001]



Paid his fee and clerk
Two fair copies Case as settled by Junior

Counsel to settle in consultation, per folio,
each 0 1 0

Attending Senior Counsel therewith —
if 30 guineas or more 3 0 0
if fee under 30 guineas 1 0 0

Paid his fee and clerk
Attending both Counsel arranging
consultation 2 10 0
Paid consultation fee to Senior Counsel and
clerk 11 0 6
Paid consultation fee to Junior counsel and
clerk 7 14 6
Attending consultation 2 10 0
Copy case for printer, per folio 0 1 0
Attending him therewith 1 0 0
Correcting proofs of printed case, per sheet of

8 pages 1 0 0
Correcting proofs of duplicated copy of case,

per sheet of 10 pages 1 0 0
Attending printer, instructing him to strike off

fifty copies 1 0 0
Paid printer’s bill. (Charge to be in accordance

with current agreement with Printers’
Association.) 1 0 0

Attending paying 1 0 0
Attending at Privy Council Office lodging

thirty copies 1 0 0
Writing Respondent with appointment to

exchange Cases 0 10 0
Attending exchange ten copies 1 0 0
Perusing Respondent’s case, per printed sheet

of 8 pages 2 5 0
Perusing Respondent’s case, per duplicated

sheet of 10 pages 2 5 0
Case Notice

(Where Respondent makes default in lodging case)
Drawing and copy Case Notice 1 0 0
Service upon Respondent 1 0 0
Attending at Council Office to see if Case
lodged 1 0 0
Drawing affidavit of service of Case Notice 1 0 0
Copying 0 10 0
Attending to be sworn 1 0 0

COURT OF APPEAL [CH.52– 45






[Original Service 2001] STATUTE LAW OF THE BAHAMAS



Paid (unless sworn at the Privy Council Office) as
paid

Lodging affidavit 1 0 0
Binding Record and Cases

Attending at Privy Council Office, obtaining
seven copies of Record and Cases to bind for the
use of the Board 22 1 0 0

Drawing instructions to bind and endorse 1 0 0
Attending binder 1 0 0
Paid him
Attending paying 1 0 0
Attending lodging bound copies 1 0 0

Briefs
Instructions to Senior Counsel to argue 23 2 10 0
Attending him with papers,

if fee under 30 guineas 1 0 0
if 30 guineas or more 3 0 0

Paid his fee and Clerk
Instructions to Junior Counsel to argue 2 10 0
Attending him with papers —

if fee under 30 guineas 1 0 0
if 30 guineas or more 3 0 0

Paid his fee and Clerk
Attending both Counsel, appointing consultation

24 2 10 0
Paid Senior Counsel and Clerk 11 0 6
Paid Junior Counsel and Clerk 7 14 6
Attending consultation 2 10 0

Hearing
Copy for each Counsel of summons for hearing 0 5 0
Attending both Counsel therewith 2 0 0
Preparing list of authorities to be cited at hearing

and lodging same 1 0 0
Estimating length of hearing and lodging same 1 0 0


22 No charge for binding must appear in the Respondent’s Bill, as this is entirely a

matter for the Appellant.
23 Two Counsel only allowed.
24 As a rule only one consultation is allowed on the Brief.

CH.52 – 46] COURT OF APPEAL






STATUTE LAW OF THE BAHAMAS [Original Service 2001]



Attending Council Chamber, but Appeal not
reached, each day 7 10 0

Attending Council Chamber, when Appeal
heard 25 each day 10 0 0

Paid refresher fee to Senior Counsel and Clerk
1 0 0
Attending him or
2 0 0
Paid refresher fee to Junior Counsel and Clerk
1 0 0
Attending him or
2 0 0

Judgment
On receiving summons for Judgment —
Copy for Counsel 0 5 0
Attending Junior Counsel therewith 1 0 0
Paid fee to hear Judgment, and Clerk 11 0 6
Attending to hear Judgment 3 0 0

Taxation and Concluding Charges
Drawing Bill of Costs and copy, per folio 0 3 0
Attending lodging same 1 0 0
Copy order to tax for Respondent 0 10 0
Copy Bill of Costs for Respondent, per folio 0 1 0
Attending him therewith 1 0 0
Attending taxing 4 10 0
Attending paying Office fees 1 0 0
Paid fees ( as paid)
Approving draft order 1 0 0
Attending lodging same at Privy Council Office 1 0 0
Writing agent with order 1 0 0
Sessions fee (for each year or part of a year from

the date of Appearance) 6 10 0
Letters, etc. for the first year 4 10 0
And for each following year 2 5 0




25 Cost of shorthand notes is not allowed.

COURT OF APPEAL [CH.52– 47






[Original Service 2001] STATUTE LAW OF THE BAHAMAS

D
RESPONDENT’S COSTS OF APPEAL

With the exception of the following items the charges are,
mutatis mutandis, similar to those in Appellant’s bill.

Record
(When Record printed or duplicated in England)

£ s. d.
Attending Appellant on his calling with copy of the

manuscript proceedings and arranging as to
order or omission of documents 1 0 0

Perusing manuscript proceedings, for each 25 folios 0 15 0
If there are maps or plans, a further small fee may

be allowed for examining
Attending at Privy Council Office examining proof

with official copy, each day 6 10 0
Correcting revised print of record, per sheet of 8

pages 1 0 0
Correcting revised duplicated copy of record, per

sheet of 10 pages 1 0 0
Attending Appellant therewith 1 0 0
Attending at Privy Council Office for copies 1 0 0

Petition of Appeal
Perusing Petition 2 5 0

Revivor
Perusing Supplemental Record or Certificate as to

parties from Court appealed from, same scale as
Record.



Perusing Petition to revive 2 5 0
Attending Appellant giving consent to prayer 1 0 0

Consolidation
Perusing Petition to consolidate 2 5 0
Attending Appellant giving consent to prayer 1 0 0



II
COUNCIL OFFICE FEES

£ s. d.
Entering Appearance 1 5 0
Amending Appearance 0 12 6

CH.52 – 48] COURT OF APPEAL






STATUTE LAW OF THE BAHAMAS [Original Service 2001]



Examining proof of Record with the certified record
at the Registry (chargeable to Appellant only)
per day 2 10 0
per half day 1 5 0

Lodging Petition of Appeal 3 15 0
Lodging Petition for special leave to appeal 2 10 0
Lodging any other Petition or Motion 1 5 0
Lodging Case or Notice under Rule 60 2 10 0
Setting down Appeal (chargeable to Appellant only) 6 5 0
Setting down to Petition for special leave to

appeal (chargeable to Petitioner only) 2 10 0
Setting down any other Petition (chargeable to

Petitioner only) 1 5 0
Summons 1 5 0
Committee Report on Petition 2 10 0
Committee Report on Appeal 3 15 0
Original Order of Her Majesty in Council

determining an Appeal 6 5 0
Any other original Order of Her Majesty in Council 3 15 0
Plain copy of an Order of Her Majesty in Council 0 6 6
Original Order of the Judicial Committee 2 10 0
Plain copy of Committee Order 0 6 6
Lodging Affidavit 0 12 6
Certificate delivered to parties 0 12 6
Lodging Caveat 1 5 0
Taxing Fee 6d. for each pound allowed, or a fraction thereof.
Read Entire Law on laws.bahamas.gov.bs