31. What can a party do who disagrees with the Court’s Judgement?
If you lose your case and disagree with the Court’s decision, you can apply to the
Court to have the decision changed. These are the possible main procedures you
can use:
(1) Apply for review of the decision/Judgment of the Court,
An application for review of a judgment under Article 35 of the Treaty is made in
accordance with Rule 72 of the Court Rules.
A Party who desires to obtain a review of the judgment or order, may apply to the
Court for such review on the following grounds:
x
discovery of some new and important matter or evidence which, after the
exercise of due diligence, was not within the Party’s knowledge or could not
be produced at the time of the judgment or order; or
x
on account of some mistake, fraud or error apparent on the face of the record
[Rule 72(2)].
The Court may grant an application for review only where the Applicant proves the
grounds relied upon to the satisfaction of the Court [Rule 72 (3)].
When an application for review is granted, the Court may re-hear the case or make
such other order as it thinks fit. A decision of the Court on an application for review is
final [Rule 72(4) & (5)].
(2) Amendments of the Court’s Judgments and Orders [Rule 70]
The Court has the power to correct clerical or mathematical mistakes in its
Judgments and Orders either on its own or upon application by any of the parties or
other interested persons [Rule 70].
(3) Appeals
An appeal from the judgment or any order of the First Instance Division shall lie to
the Appellate Division on:
x
x
x
points of law;
grounds of lack of jurisdiction; or
procedural irregularity – [Article 35A of the Treaty & Rule 77].
(4) Notice of Appeal
A person desiring to appeal to the Appellate Division lodges a written notice in
duplicate in the registry of the First Instance Division [Rule 78(1)].
The notice should:
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