[1] Attorney General of Grenada [2] PC Marvin Regis #74 [3] PC Henry #699 [4] Immigration Officer #367 [5] PC Velon Williams Applicants/Intended Appellants v Andy Redhead Respondent [ECSC]

• Jurisdiction: Grenada
• Judge: EDWARDS, J.A. [AG.],Ola Mae Edwards,Justice of Appeal [Ag.]
• Judgment Date: 17 June 2005
• Judgment citation (vLex): [2005] ECSC J0617-1
• Date: 17 June 2005
• Court: Court of Appeal (Grenada)
• Docket Number: CIVIL APPEAL NO.10 OF 2007

[2005] ECSC J0617-1

IN THE COURT OF APPEAL

Before:

The Hon. Mde. Justice Ola Mae Edwards Justice of Appeal [Ag.]

CIVIL APPEAL NO.10 OF 2007

Between:

[1] The Attorney General of Grenada

[2] PC Marvin Regis #74

[3] PC Henry #699

[4] Immigration Officer #367

[5] PC Velon Williams

Applicants/Intended Appellants

and

Andy Redhead

Respondent

Appearances:

Mr. Raulston Glasgow, Senior Legal Counsel of Attorney General's Chambers for the Applicants/Intended Appellants

Ms. Celia Edwards of the Law Office of G.E.D Clyne for Respondent

EDWARDS, J.A. [AG.]

1 On the 2 ^nd April 2007, the Applicants/Intended Appellant filed an application for Leave to Appeal along with a Notice of Appeal, against the Case Management Order of the learned Master, made on the 22 ^nd March 2007.

2 By Notice filed on the 25 ^th April 2007, Counsel, Ms. Celia Edwards of the Law Office of G.E.D. Clyne, representing the respondent, objected to the application for leave to appeal. One of the 2 grounds of objection was that the application ought to be supported by an affidavit which the applicants have failed to file.

3 At a Case Management Conference before a Single Judge, pursuant to CPR 62.14(2), Rawlins J.A. on the 29 ^th May 2007, made the following Order:

"DIRECTIONS

UPON READING the Notice of Application for Leave to appeal and a Notice of Appeal filed herein on the 2 ^nd day of April 2007, and a Notice filed on behalf of the Respondent on 25 ^th April 2007 objecting to the application for leave to appeal;

AND UPON noting that the application for leave to appeal is not supported by affidavit setting out the reason why leave should be granted as required by the Civil Procedure Rules 2000;

HIS LORDSHIP, THE HON. HUGH A. RAWLINS, JUSTICE OF APPEAL in accordance with Part 62.14 of the Civil Procedure Rules 2000 on the 29 ^th day of May, 2007 has DIRECTED THAT:

• 1. The application for leave to appeal is hereby struck out because it discloses no grounds for granting leave to appeal.

• 2. Solicitors for the applicants/Intended Appellants shall within 21 days of today's date, show cause why the notice of appeal filed herein on 2 ^nd April 2007 shall not be struck out.

• 3. The matter shall be listed on the Chamber list for 12 ^th June 2007.

Dated the 29 ^th day of May, 2007

BY THE COURT…….."

The reason for Appealing

4 The applicants' application for leave arose from the order of the Master dated 22 ^nd March 2007, made at a Case Management Conference which was not attended by the applicants on their lawyer. The learned Master heard an oral application by the claimant, to dismiss the applicants' Re amended Defence filed herein on the 7 ^th day of March 2007, because of non-compliance with a previous Order made on the 1 ^st March 2007.

5 The previous Order had directed the applicants to amend their defence to exclude allegations and also to comply with Part 10.6(2) of the CPR 2000 with respect to the personal injuries alleged to have been suffered by the Claimant.

6 The learned Master ordered:

"that the Re-amended Defence is hereby dismissed and judgment is entered for the claimant with damages to be assessed upon application and prescribed costs…"

Showing Cause

7 The application has been referred to me as a single judge for further case management. I note that learned Counsel, Mr. Glasgow has endeavoured to show cause by his submissions filed on the 13 ^th June 2007. He has pointed to CPR 62.2(2) and CPR 11.8(3) to justified his conclusion that the filing of evidence in support of an application for leave to appeal is not a mandatory requirement.

8 CPR 62.2 (2) states that "an application for leave to appeal must be in writing and set out concisely the grounds of the proposed appeal." CPR 11.8(3) states that "the applicant need not give evidence in support of an application unless it required by a—(a) court order; (b) practice direction; or (c) rule".

9 The Civil Procedure Rules 2000 are not the only Rules of Court governing appeals. The Court of Appeal Rules 1968 Rules co-exist with the CPR 2000, THOUGH SOME OF THE 1968 Rules have been apparently impliedly repealed by specific provisions in the CPR 2000.

10 Section 31 of the West Indies Associated States Supreme Court. (Grenada) Act Cap. 336 enacts:

"The jurisdiction of the Court of Appeal so far as it concerns practice and...