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08 March 2024 / Shane Quinn
Issue: 8062 / Categories: Features , Profession , Procedure & practice
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Joining the judgment queue: grounds for appeal to the Privy Council?

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Excessive delays in delivering judgment by a court can be grounds for an appeal to the Privy Council. Shane Quinn examines recent judgments from the British Virgin Islands
  • The right of appeal to the Privy Council is not automatic, but it is possible in certain circumstances.
  • It remains to be seen whether the recent appeals will succeed on the grounds of delay. But it is clear the Eastern Caribbean Court of Appeal treats delays seriously and will use its powers for the benefit of aggrieved parties. This should provide comfort to international clients.

Commercial litigation can often seem like a long and expensive process, whether a party is prosecuting or defending a claim. Charles Dickens’s description of the fictional case of Jarndyce v Jarndyce in Bleak House has created a reputation for the legal system of interminable delay and expense, which at times seems difficult to shake off.

Perhaps worse than a drawn-out legal battle, however, is an excessive delay between the conclusion of proceedings

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MOVERS & SHAKERS

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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