Appeals to the Privy Council: 21 days does not mean 21 days and 13 hours

On 12 July 2021, the Court of Appeal of the Eastern Caribbean Supreme Court (the "Court of Appeal") reached a unanimous ruling on the time limit for applying for a motion for leave to appeal to Her Majesty in Council (the "Privy Council").

Section 4 of the Virgin Islands (Appeals to Privy Council) Order 1967 (the "1967 Order") states that applications to the Court of Appeal for leave to appeal to the Privy Council shall be made by motion or petition within 21 days of the date of the decision to be appealed from. The 1967 Order is a UK statutory instrument that was enacted under the exercise of powers by Section 1 of the Judicial Committee Act 1984 (an English Act of Parliament).

In the case before the Court of Appeal on 12 July 2021, the question for the panel was how the twenty-one day period, set out at section 4 of the 1967 Order, should be calculated.

 

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