2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

62.2   How to obtain leave to appeal

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    (1)   Where an appeal may be made only with the leave of the court below or the court, a party wishing to appeal must apply for leave within 21 days of the order against which leave to appeal is sought.

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    (2)   Where an application for leave has been refused by the court below, an application for leave may be made to the court within 7 days of such refusal.

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    (3)   Where an application for leave has been refused by the court below, an application for leave may be made to the court within 7 days of such refusal or within 21 days of the date of the order against which leave to appeal is sought, whichever is later.

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    (4)   An application for leave to appeal a judgment or order may be made orally at the time when such judgment or order is given, otherwise, the application for leave to appeal must be made in writing and set out concisely the grounds of the proposed appeal.

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    (5)   An application for leave to appeal made to the court may be considered by a single judge of the court.

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    (6)   The judge considering an application under rule 62.2(5) may give leave without an oral hearing.

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    (7)   If the judge considering an application under rule 62.2(5) is minded to refuse the application for leave, the judge must direct —

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      (a)     that an oral hearing be fixed; and

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      (b)     whether that oral hearing is to be by a single judge or the court.

•     Rule 2.7 deals with how, when and where the court may deal with cases.

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    (8)   Leave to appeal may be given only where —

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      (a)     the court considers that the appeal would have a realistic prospect of success; or

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      (b)     there is some other compelling reason why the appeal should be heard.

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    (9)   An application for leave to appeal shall be made without notice, unless the court directs otherwise.