Court of Appeal Act 2014

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Power of Court of Appeal to stay proceedings to enable parties to apply to Supreme Court in certain circumstances

9. The Act of 1961 is amended by the insertion of the following section after section 7A (inserted by section 8 of the Court of Appeal Act 2014):

“7B. (1) Without prejudice to the jurisdiction of the Supreme Court as is prescribed by the Constitution, where proceedings in respect of an appeal from a decision of the High Court are before the Court of Appeal, the Court of Appeal may—

(a) of its own motion, or

(b) upon application to it in that behalf by one or more parties (in this section referred to as the ‘applicant’) to the proceedings,

by order stay the proceedings before it to enable the applicant to apply to the Supreme Court for leave to appeal under Article 34.5.4° of the Constitution from the decision of the High Court.

(2) An order to stay proceedings under subsection (1) may only be made by the Court of Appeal where—

(a) the proceedings concerned have not been heard in full or in part by the Court of Appeal, and

(b) the parties to the proceedings consent to the making of such an order.

(3) Where the Court of Appeal makes an order to stay proceedings under subsection (1), no further step may be taken in respect of those proceedings, other than with the leave of the Court of Appeal, until such time as the Supreme Court makes a determination in respect of the application for leave to appeal.

(4) Where the Supreme Court grants an application for leave to appeal in respect of proceedings which are the subject of an order under subsection (1), the Court of Appeal shall, in respect of the proceedings before it, provide by order for the discontinuance of those proceedings, which order of discontinuance shall be confined to the grounds upon which the Supreme Court granted leave to appeal.

(5) Where the Supreme Court refuses an application for leave to appeal in respect of proceedings which are the subject of an order under subsection (1), the Court of Appeal shall make such order as it thinks fit to provide for the continuance of the proceedings.

(6) This section is in addition to, and not in substitution for, any power of the Court of Appeal to stay proceedings before it.

(7) For the purposes of this section an appeal shall not be taken to have been heard in part by reason of the Court of Appeal having heard an interlocutory application relating to the appeal or, unless the appeal itself is confined to a procedural matter, the Court of Appeal having heard any procedural application or motion in the matter.”