Contact

Eleanor Morgan

Eleanor Morgan

Partner | BVI

Shane Donovan

Shane Donovan

Partner | BVI

Update

Leave Not Required to Cross-Appeal

23 April 2018

The Full Court of the Eastern Caribbean Court of Appeal has recently resolved a conflict between two decisions of single judges of the Court, and confirmed that a respondent who wishes to pursue a cross-appeal is not required to obtain leave to appeal if the cross-appeal relates to a different issue or a different part of the judgment for which leave to appeal has already been granted. The Court also took the opportunity to confirm that the concept of implied sanctions has no place in the Eastern Caribbean Civil Procedure Rules, and disapproved English Court of Appeal authority which requires that the relief from sanctions regime be applied to applications for an extension of time for appealing in a case of any complexity.

Contact

Eleanor Morgan

Eleanor Morgan

Partner | BVI

Shane Donovan

Shane Donovan

Partner | BVI

About Mourant

Mourant is a law firm-led, professional services business with over 60 years' experience in the financial services sector. We advise on the laws of the British Virgin Islands, the Cayman Islands, Guernsey, Jersey and Luxembourg and provide specialist entity management, governance, regulatory and consulting services.

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