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08 March 2024 / Shane Quinn
Issue: 8062 / Categories: Features , Profession , Procedure & practice
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Joining the judgment queue: grounds for appeal to the Privy Council?

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Excessive delays in delivering judgment by a court can be grounds for an appeal to the Privy Council. Shane Quinn examines recent judgments from the British Virgin Islands
  • The right of appeal to the Privy Council is not automatic, but it is possible in certain circumstances.
  • It remains to be seen whether the recent appeals will succeed on the grounds of delay. But it is clear the Eastern Caribbean Court of Appeal treats delays seriously and will use its powers for the benefit of aggrieved parties. This should provide comfort to international clients.

Commercial litigation can often seem like a long and expensive process, whether a party is prosecuting or defending a claim. Charles Dickens’s description of the fictional case of Jarndyce v Jarndyce in Bleak House has created a reputation for the legal system of interminable delay and expense, which at times seems difficult to shake off.

Perhaps worse than a drawn-out legal battle, however, is an excessive delay between the conclusion of proceedings and the delivery of judgment by the court. But what

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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