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In Short: Clarity on the Court of Appeal

The Chief Justice, Mrs Susan Denham has, through a recent direction, clarified the appeals currently before the Supreme Court which are to be transferred to the new Court of Appeal. The right of appeal from the High Court to the Supreme Court has been replaced by a right of appeal to the Court of Appeal, which will sit between the High Court and the Supreme Court.

The Supreme Court is to retain some 327 appeals certified as ready for hearing. A further 258 certified appeals will be transferred to the Court of Appeal for hearing.

The Court of Appeal will hear both civil and criminal appeals.

Going forward, the Supreme Court will deal with two types of cases, namely appeals of a decision of the Court of Appeal and “leapfrog” appeals that bypass the Court of Appeal. In both situations, the Supreme Court will have the power to decide which cases it hears.

The creation of the Court of Appeal is expected to radically reduce the waiting times for the hearing of appeals. Up to now, appellants have had to wait for up to four years for an appeal to come before the Supreme Court.

Contributed by Gerard James.

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