supreme court rules 2000 mauritius

«ót³ªR“»¿ şÖ£D0å78`-,~ ½ÑÀ ®¶Óxn`DùT4jƽƒZ zˆe„ȬÓLcN(%Lª„À*osDy‘B !Çà;#�î#ÙE”OB�ÙÏu¹7y¢óªìÁ™�PŒ`dàcˆ«ù,ú»;‚à„ñVz¸g�Gğ"¥BB+½sâëÜ.\Îœ›ù(Áp¶˜»\81Ì® ¸\9‹ù8/nÛ¾àêßKp,ĞW 9%RvKô»—Ëı×#+. 2. Appeals with Leave of the Supreme Court in respect of decisions of the Supreme Court or the Court of Appeal – (Article 81(2) Constitution), final decision in civil proceedings which raises a point of great general public importance; and, Appeals by way of Special Leave (Article 81(5) Constitution). A flimsy outline of the plaintiff’s case will not be sufficient to establish the claim and the court would not give judgment in favour of the plaintiff unless it is satisfied that all the legal elements which it is incumbent upon the plaintiff to prove, have been established.”. On the issue of ultra vires, the Supreme Court held that the Financial Services Review Panel did not act outside the law by upholding the decision of the Enforcement Committee because section 20 of the Financial Services Act 2007 did not apply only to a licensee but also to its officers. This Constitutional right was maintained when Mauritius became a Republic in 1992. 2) [1990] 1 AC 795). It took the view that its jurisdiction had not been undermined by the terms of section 15 and section 71(1(c) & (2) of the Courts Act or those of Article 2197-2 of the Civil Code which dealt with matters of procedure as opposed to jurisdiction. In Jacpot, the GRA revoked the Gaming House A licence of Jacpot Ltd. Two grounds were raised. In a ruling that it delivered on 15 June 2018, the Commercial Division of the Supreme Court confirmed its earlier determinations which turned on its jurisdiction. 2. Human Rights. The coronavirus pandemic of 2020 has affected every aspect of our lives. Definitions. In so doing, the Privy Council explained the fundamental distinction between an appeal lodged (i) as of right (ii) with leave and (iii) by way of special leave. USD 278); final decision in proceedings brought under section 17 of the Constitution (i.e. In 2010, the Supreme Court of Mauritius established a Mediation Division under the Mediation Rules. Appleby lawyers and other professionals provide advice and services to clients all over the world from our network of offices. Supreme Court (Amendment) Rules 2014. Decided cases handed down outside of this year can be found by clicking on the following links: 2020 | 2019 | 2018 | 2017 | 2016 | 2015 | 2014 | 2013 | 2012 | 2011 | 2010 | 2009. The Supreme Court also approved its earlier finding in Vestalane Investment Ltd v federal Trust (Mauritius) Ltd 2007 SCJ 84 which laid down the principle that “security should be allowed for costs which are likely to be directly incurred for defending the action and not as a result thereof.”, Jacpot v Gambling Regulatory Authority [2018] UKPC 16 – Privy Council. This obligation is not in any manner reduced by the fact that the judgment is a judgment by default. In setting aside the preliminary objection, the Commercial Division of the Supreme Court reiterated its previous decision on this issue in The Mauritius Commercial Bank Limited v Maudarboccus 2015 SCJ 448 in which it held that “any Judge of the Supreme Court has full jurisdiction to determine all cases assigned to them in whatever division of the Supreme Court he or she is called upon by the Chief Justice to sit” and “that the Commercial Division is therefore vested with unlimited jurisdiction to hear and determine any civil matter be it bankruptcy proceedings or others with the purview of the Companies Act or even outside the ambit of a commercial nature”. costs which is claimed as one of the items under security for costs. The decision of the Privy Council is important as it lays down the principles underpinning applications from Mauritius before this jurisdiction. SUPREME COURT (CONSTITUTIONAL RELIEF) RULES GN 105 of 2000 – Section 17 (4) – 30 June 2000 1. SUBSIDIARY LEGISLATION RULES OF THE SUPREME COURT ARRANGEMENTS OF ORDERS, RULES AND LIST OF FORMS Rule ORDER 1 CITATION, APPLICATION, INTERPRETATION AND FORMS 1. It was argued that this was an application that should have been lodged before the Judge in Chambers based on the terms of Article 2197-2 of the Mauritian Civil Code. Courts (Electronic Filing of Documents) Rules 2012 GN No. Humankind is facing a globa... Appleby contributes five chapters to Global Legal Insights – Fund Finance 2020. Mauritius. Supreme Court B.L.R.O. Definitions. For instance, a judgment in default or a striking out order disposes of litigation finally but nevertheless remains interlocutory because it would have been interlocutory if it did not finally dispose of the litigation. As to the ‘order’ approach, it is based on the outcome of the decision and, a decision becomes final when it disposes of the litigation. (b) The Chief Justice may, in particular, adapt any time period set out in this rule to fit the circumstances of … Wählen Sie Ihre Cookie-Einstellungen . Supreme Court. Insofar as Mauritius is concerned, an appeal before the Privy Council is enshrined in the Mauritian Constitution which is the supreme law of the land. & Ors 2013 SCJ 447 which held that the term ‘costs’ captured ‘all necessary expenses incurred by the respondent and co-respondent to resist the applicant’s action, like lawyers’ fees, registration fees if any for documents which may have to be produced, travelling and accommodation expenses of a witness who, like in the present case, has had to travel to Mauritius from abroad to swear an affidavit and instruct legal advisers in Mauritius.”. … 5. The United States Supreme Court has rejected a request by a pro-life group to hear a challenge to a Pennsylvania city law that creates a “buffer zone” around abortion clinic entrances. The mod­ern sys­tem of law in Mau­ri­tius is an amal­ga­ma­tion of French civil law and com­mon law, while the civil and crim­i­nal pro­ceed­ings are mod­elled based on British prac­tice. This determination was based on a review of the Mauritian Constitution which uses the phrase “civil or criminal matters” throughout. When Worlds Collide – How COVID is Connecting Technology with Natural Resources. 5. However, the Supreme Court took the view that given the aforesaid findings, the interests of justice would be served of the instant application were stayed pending the outcome of the earlier application before the Supreme Court. Mauritius. Application of Chapter 4. Appleby provided five chapters to the Global Legal Insights - Fund Finance 2020 Guide. The Privy Council declared that it would not settle the issue in the instant appeal. The Supreme Court Of Mauritius Rules On Appeals From The Bankruptcy Division Appleby. The Supreme Court took the view that since the application for contract on the one hand and tort on the other hand were not directed against the same party, it did not breach the aforesaid rules and could therefore proceed. In a judgment delivered on 19 July 2018, the Supreme Court expressed its views on the meaning of ‘fit and proper person’ to hold position as officer of a global business licence. Having reviewed the section 99(1)(k) of the GRA Act, the Privy Council took the view that the discretion that it conferred on the GRA was of the second type as its decision could only be reached once it was in the presence of the report of the Commissioner of Police regarding the suitability of the premises of Jacpot Ltd for a Gaming House ‘A’ licence which was a factual issue and not captured by the ambit of the ’great general public importance.’, Pirk v HandG Engineering & Crafts Ltd 2018 SCJ 261. 2000 No 80 Supreme Court Rules (Amendment No 338) 2000 Page 4 (3A) The registrar may, in proceedings under the Corporations Law, file or seal a minute of a judgment or order without a direction of the Court or request of a party. This article of the Constitution is enabling and confirms that the Privy Council has the power to grant special leave from the decision of any court in respect of any civil or criminal matter. It was argued that it was not a Bankruptcy Court but merely a division of the Supreme Court and, in the absence of a statutory confirmation, it was not empowered to hear matters that the Bankruptcy Court could hear by reason of statute conferment bestowed upon it. such other cases prescribed by Parliament. 13 Apr 2015. First, that the decision of the Financial Services Review Panel was ultra vires and tantamount to a abuse of power. Generally, civil proceedings before the Supreme Court of Mauritius sitting in its original jurisdiction are initiated by way of plaint with summons. Last Update: 13 Apr 2015. The Meaning of ‘Civil’ Proceedings in the ‘Civil’/’Criminal’ Divide. The independence of the judiciary empowers the courts to uphold the rule of law and to act as guardians of the fundamental rights of the citizens entrenched in the constitution. In an order released Monday , the high court denied without explanation a petition for a writ of certiorari in the case of Nikki Bruni et al v. Of these two categories, the ‘applications’ approach was preferred by the English courts. These rules may be cited as the Supreme Court (Constitutional Relief) Rules. 3. The applicable procedural rules at the Supreme Court are the Supreme Court Rules 2000 (“SCR”). Instead, a division of the Supreme Court had been identified administratively in order to determine applications of a commercial nature. In this global article on SPACs we revisit the basics, then look to each of our key jurisdictions fo... COVID-19 and the Mauritius Justice System: How will this pandemic affect court work? AMENDING LEGISLATION 2015/062. Maudarbuccus made three important determinations in this respect. Insofar as Judicial Review is concerned, since it is neither civil nor criminal in nature, the general proposition is that it is criminal in nature only where “the cause or matter is one which, if carried to its conclusion, might result in the conviction of the person charged and in a sentence of some punishment, such as imprisonment or fine” (Anand v Home Secretary and Minister of Defence of Royal Netherlands Government [1943] AC 147 Lord Wright & Belhaj v Director of Public Prosecutions [2018] UKSC 33). In an interlocutory judgment delivered on 12 February 2018, the Commercial Division of the Supreme Court addressed its mind to a preliminary objection in law that arose regarding its jurisdiction and its lack of status as a court of law. Accordingly, the instant application amounted to an abuse of the process of the Supreme Court. 2. The second point was also set aside on the basis of Rule 2(5)(g) of the Supreme Court Rules which confers discretion on the Supreme Court “to direct that the pleadings be redrafted for the purpose of complying with the correct procedure and of identifying the real issue between the parties” where “the wrong procedure has been adopted for initiating any process.” Accordingly, it was not fatal in the instant matter that the correct procedure had not been used to initiate the process as it could be cured by an order by the Bankruptcy Division of the Supreme Court. 01 Nov 2014. AAPCA (Mauritius) Ltd (In Receivership) and anor v Mauritius Revenue Authority. An appeal as of right must display the following features: final decision that involves an interpretation of the Constitution for both civil and criminal proceedings; final decision in civil proceedings in respect of a sum being not less than MUR 10,000 (i.e. 2. court may non suit the plaintiff, or give judgment for the defendant, and in either case award costs against the plaintiff. The Privy Council is the court of final appeal for the UK overseas territories and Crown dependencies, and for those Commonwealth countries that have retained the appeal to Her Majesty in Council or, in the case of Republics, to the Privy Council. Application. The applicable procedural rules governing proceedings before the Supreme Court are the Supreme Court Rules 2000 under the Courts Act 1945. In the absence of a settled view, English law had adopted two approaches known as the (1) applications and (2) order approaches. In particular, the Supreme Court addressed its mind to the question of ‘frais’ i.e. (1) (a) This rule shall apply to any arbitration claim unless the Chief Justice orders otherwise, either on his own motion or upon application by any party to the arbitration claim. The Chief Justice is the head of the judiciary. Diogo Fer­nan­des Pereira, a Por­tu… The relevant part of the Practice Direction is reproduced below: (a) in civil cases for applications that, in the opinion of the Appeal Panel, raise an arguable point of law of general public importance which ought to be considered by the [Privy Council] at that time, bearing in mind that the matter will already have been the subject of judicial decision and may have already been reviewed on appeal; an application which in the opinion of the Appeal Panel does not raise such a point of law is refused on that ground.”, This was not the case in Jacpot hence the refusal of special leave. and Pitot, Arthur. Title These rules may be cited as the Courts (Electronic Filing of Documents) Rules 2012. (Section 76(1) of the Constitution). First, by reason of section 76(1) of the Constitution of Mauritius, which is the supreme law of the land, any Judge of the Supreme Court was entitled to hear any civil (including commercial) and criminal matter other than disciplinary law that had been assigned by the Chief Justice regardless of the fact that the Judge had been administratively assigned to the family, criminal or other division of the Supreme Court. The interest of the case is that one defendant was sued in contract and the other one in tort in the same action on the basis of Rule 18(1) of the Supreme Court Rules 2000. Importantly, it held that “issues about a case being heard by one Division rather by another are issues of administration, more particularly, case flow management and case allocation and not issues of jurisdiction or law.”. 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