Revised Laws of Saint Lucia (2023)

108.   Appeals to the Caribbean Court of Justice

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    (1)   An appeal shall lie as of right from the decisions of the Court of Appeal to the Caribbean Court of Justice in the following cases—

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      (a)     final decisions in civil proceedings where—

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        (i)     the matter in dispute on appeal to the Caribbean Court of Justice is of the prescribed value or upwards, or

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        (ii)     the appeal involves directly or indirectly a claim to or a question respecting property or a right of the prescribed value or upwards;

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      (b)     final decisions in proceedings for dissolution or nullity of marriage;

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      (c)     final decisions in civil or criminal proceedings which involve a question as to the interpretation of this Constitution;

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      (d)     final decisions given in the exercise of the jurisdiction conferred on the High Court relating to redress for contravention of the provisions of this Constitution for the protection of fundamental rights;

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      (e)     final decisions given in the exercise of the jurisdiction conferred on the High Court relating to the determination of any question for which a right of access to the High Court is expressly provided by this Constitution; and

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      (f)     such other cases as may be prescribed by Parliament.

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    (2)   An appeal shall lie from the decisions of the Court of Appeal to the Caribbean Court of Justice with the leave of the Court of Appeal—

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      (a)     in respect of decisions in civil proceedings where in the opinion of the Court of Appeal, the question involved in the appeal is one that by reason of its great general or public importance or otherwise, ought to be submitted to the Caribbean Court of Justice; and

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      (b)     such other cases as may be prescribed by Parliament.

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    (3)   An appeal shall lie to the Caribbean Court of Justice with the special leave of the Caribbean Court of Justice from a decision of the Court of Appeal from a civil or criminal matter.

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    (4)   A reference in this section to decisions of the Court of Appeal—

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      (a)     is construed as references to decisions of the Court of Appeal in exercise of the jurisdiction conferred by this Constitution or any other law for the time being in force in Saint Lucia;

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      (b)     does not include a reference to decisions in exercise of the jurisdiction conferred under section 108(2) of this Constitution.

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    (5)   In this section, “prescribed value” means the value of $25,000 or such value as may be prescribed by Parliament.

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    (6)   This section is subject to section 39(8) of this Constitution.

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    (Substituted by Act 2 of 2023)