Cayman Islands (Appeal to Privy Council) Order 1965
| Jurisdiction | UK Non-devolved |
| Citation | SI 1965/1862 |
| Year | 1965 |
1965 No. 1862
JUDICIAL COMMITTEE
The Cayman Islands (Appeal to Privy Council) Order 196529thOctober 1965
5thNovember 1965
At the Court at Buckingham Palace, the 29th day of October 1965
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(a) 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:—
Citation commencement and revocation.
1.—(1) This Order may be cited as the Cayman Islands (Appeal to Privy Council) Order 1965 and shall come into operation on 5th November 1965.
(2) The Cayman Islands and the Turks and Caicos Islands (Appeal to Privy Council) Order in Council 1962(b) is revoked.
Interpretation.
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 Jamaica ;
"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 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 the Court;
"the Islands" means the Cayman Islands.
(2) The Interpretation Act 1889(c) shall apply, with the necessary adaptations, for the purpose of interpreting this Order and otherwise in relation thereto as it applies for the purpose of interpreting, and in relation to, Acts of Parliament.
(a) 7 & 8 Vict. c. 69.
(b) S.I. 1962/1645 (1962 II, p. 1924).
(c) 52 & 53 Vict. c. 63.
Right of appeal.
3. Subject to the provisions of this Order, an appeal shall lie—
(a) as of right from any final judgment, where the matter in dispute on the appeal amounts to or is of the value of three hundred pounds sterling or upwards, or where the appeal involves directly or indirectly some claim or question to or respecting property or some civil right amounting to or of the said value or upwards; and
(b) at the discretion of the Court, from any other judgment, whether final or interlocutory, if, in the opinion of the Court, the question involved in the appeal is one which, by reason of its great or general importance or otherwise, ought to be submitted to Her Majesty in Council for decision.
Application for leave to appeal.
4. 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.
Conditional leave to appeal.
5. Leave to appeal under section 3 of this Order 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 £500 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
(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 procuring 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.
Power of a single judge.
6. All or...
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