National Honours and Awards Regulations

COURT OF APPEAL (AMENDMENT) BILL, A BILL FOR AN ACT TO AMEND THE COURT OF APPEAL ACT (2011 REVISION) TO ALLOW CASES TO PROGRESS TO JUDGMENT IN CIRCUMSTANCES WHERE THE CASES HAVE BEEN HEARD BUT JUDGMENT HAS BEEN RESERVED AND ONE OF THE JUSTICES OF APPEAL ON THE PANEL OF THREE BECOMES UNABLE TO RENDER A DETERMINATION; TO PROVIDE THAT WHERE THE RULES OF THE COURT ARE LACKING, THERE SHALL BE REFERENCE TO THE LAW AND PRACTICE OF ENGLAND ONLY; AND FOR INCIDENTAL AND CONNECTED PURPOSES 

Introduced

PUBLISHING DETAILS Sponsoring Ministry/Portfolio: Portfolio of Legal Affairs (PLA)

Court of Appeal (Amendment) Bill, 2021 Objects and Reasons

Introduced

Memorandum of OBJECTS AND REASONS This Bill amends the Court of Appeal Act (2011 Revision) (“the principal Act”) in order, among other things, to allow cases to progress to judgment in circumstances where they have been heard but judgment has been reserved and, for unavoidable reasons, one of the Justices of Appeal on the panel of three becomes unable to render a determination.

The Bill also amends the principal Act to provide that the default provision for reference, where the rules of the Court are lacking, are to the law and practice of England and Wales only.

Clause 1 provides the short title of the legislation and contains commencement provisions.

Clause 2 repeals and replaces section 3 of the principal Act to provide, inter alia, that in civil proceedings, where a Judge of a Court which has partly heard proceedings is unable to continue — (a) the parties to the case shall be consulted and their agreement sought as to whether the case can proceed to judgment with two Justices of Appeal; or (b) if the agreement of the parties cannot be reached or the matter cannot otherwise proceed with two Judges, because the President does not think the case suitable, then the case shall be re-heard by a differently constituted panel of three Judges.

Clause 2 also inserts in the new section 3 a provision which stipulates that where — (a) an appeal has been heard by a Court consisting of two Judges; and (b) the Judges of the Court are equally divided, the case shall, on the application of any party to the appeal, be re-argued before and determined by three Judges, before any appeal to the Her Majesty in Council or before an application for leave to appeal to Her Majesty in Council is made.

Clause 3 repeals and replaces section 36 of the principal Act to provide that, where in any case there is no special provision contained in the principal Act or any other Act, or in rules of court, which relate to that case, any jurisdiction in relation to appeals in criminal and civil matters shall be exercised by the Court as nearly as may be in conformity with the law and practice for the time being observed by the Court of Appeal which has equivalent jurisdiction in England and Wales.

Court of Appeal (Amendment) Bill, 2021 Clause 1

Introduced

COURT OF APPEAL (AMENDMENT) BILL, 2021

A BILL FOR AN ACT TO AMEND THE COURT OF APPEAL ACT (2011 REVISION) TO ALLOW CASES TO PROGRESS TO JUDGMENT IN CIRCUMSTANCES WHERE THE CASES HAVE BEEN HEARD BUT JUDGMENT HAS BEEN RESERVED AND ONE OF THE JUSTICES OF APPEAL ON THE PANEL OF THREE BECOMES UNABLE TO RENDER A DETERMINATION; TO PROVIDE THAT WHERE THE RULES OF THE COURT ARE LACKING, THERE SHALL BE REFERENCE TO THE LAW AND PRACTICE OF ENGLAND ONLY; AND FOR INCIDENTAL AND CONNECTED PURPOSES ENACTED by the Legislature of the Cayman Islands.