LXP win 'No leave to appeal' judgement
July 2011

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    In a judgment  handed down on 16th June, 2011 the Bahamian Court of Appeal confirmed that no leave to appeal was required from judgments relating to preliminary issues under Order 33 rule 3 of the Rules of the Supreme Court.

    In Crawford & Company International Inc v Crawford (Bahamas) Ltd Civil Appeal No 97 of 2010 Crawford International appealed  from the Judgment of Allen Sr. J relating to the determination of a preliminary issue concerning the scope of a management contract.  

    A preliminary objection was taken  to the appeal on the  basis that since the judgment  was interlocutory and no leave to appeal had been obtained from Allen Sr. J  the appeal was "completely valueless and void." The Court after considering the issue determined that the judgment on the preliminary issue was a final judgment and not interlocutory and as such no leave was required.

    The Court expressly approved the approach adopted by the English Court of Appeal in White v Brunto [1984] 2 All E.R. 606 relating to final and interlocutory judgment which was approved by the Privy Council in Strathmore Group Ltd v A.M Fraser [1992] 2 AC 172 . Marco M. Turnquest and Sophie Rolle of Lennox Paton acted for Crawford International in the appeal.

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