Digest – 23rd September 2025
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84612-Chamber-Hearing-23rd-September-2025-Ward-JA.docx.pdf current 2026-06-21 03:25:26.219672+00 · 69,690 B
EASTERN CARIBBEAN SUPREME COURT COURT OF APPEAL SITTING CHAMBER HEARING MATTERS DEALT WITH ON PAPER Case Name: Warren Cassell v The Superintendent of Police [MNIHCVAP2025/0006] IT IS HEREBY ORDERED THAT: (Montserrat) Date: Tuesday 23rd September 2025 Before: The Hon. Mr. Trevor Ward, Justice of Appeal On paper: Appellant/Applicant: In person Respondent: N/A Issues: Application for leave to appeal Result / Order:
1.Leave to appeal the order of Cottle, J dated 27th March 2025 is granted.
2.The applicant shall file a notice of appeal within 21 days of the date of this order.
3.The appeal shall thereafter proceed in accordance with the provisions of the Civil Procedure Rules (Revised Edition) 2023. Reason: The Court considered: rule 62.2(8) of the Civil Procedure Rules (Revised Edition) 2023 which states that leave to appeal may be given only where - (a) the court considers that the appeal would have a realistic prospect of success; or (b) there is some other compelling reason why the appeal should be heard. The Court determined that the applicant had met the threshold for the grant of leave to appeal, in that the applicant had demonstrated that the intended appeal has a realistic prospect of success against the orders of the learned judge.
EASTERN CARIBBEAN SUPREME COURT COURT OF APPEAL SITTING CHAMBER HEARING MATTERS DEALT WITH ON PAPER Case Name: Warren Cassell v The Superintendent of Police [MNIHCVAP2025/0006] (Montserrat) Date: Tuesday 23rd September 2025 Before: The Hon. Mr. Trevor Ward, Justice of Appeal On paper: Appellant/Applicant: In person Respondent: N/A Issues: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: Leave to appeal the order of Cottle, J dated 27th March 2025 is granted. The applicant shall file a notice of appeal within 21 days of the date of this order. The appeal shall thereafter proceed in accordance with the provisions of the Civil Procedure Rules (Revised Edition) 2023. Reason: The Court considered: rule 62.2(8) of the Civil Procedure Rules (Revised Edition) 2023 which states that leave to appeal may be given only where – (a) the court considers that the appeal would have a realistic prospect of success; or (b) there is some other compelling reason why the
appeal should be heard. The Court determined that the applicant had met the threshold for the grant of leave to appeal, in that the applicant had demonstrated that the intended appeal has a realistic prospect of success against the orders of the learned judge.
PDF extraction
EASTERN CARIBBEAN SUPREME COURT COURT OF APPEAL SITTING CHAMBER HEARING MATTERS DEALT WITH ON PAPER Case Name: Warren Cassell v The Superintendent of Police [MNIHCVAP2025/0006] IT IS HEREBY ORDERED THAT: (Montserrat) Date: Tuesday 23rd September 2025 Before: The Hon. Mr. Trevor Ward, Justice of Appeal On paper: Appellant/Applicant: In person Respondent: N/A Issues: Application for leave to appeal Result / Order:
1.Leave to appeal the order of Cottle, J dated 27th March 2025 is granted.
2.The applicant shall file a notice of appeal within 21 days of the date of this order.
3.The appeal shall thereafter proceed in accordance with the provisions of the Civil Procedure Rules (Revised Edition) 2023. Reason: The Court considered: rule 62.2(8) of the Civil Procedure Rules (Revised Edition) 2023 which states that leave to appeal may be given only where - (a) the court considers that the appeal would have a realistic prospect of success; or (b) there is some other compelling reason why the appeal should be heard. The Court determined that the applicant had met the threshold for the grant of leave to appeal, in that the applicant had demonstrated that the intended appeal has a realistic prospect of success against the orders of the learned judge.
WordPress
EASTERN CARIBBEAN SUPREME COURT COURT OF APPEAL SITTING CHAMBER HEARING MATTERS DEALT WITH ON PAPER Case Name: Warren Cassell v The Superintendent of Police [MNIHCVAP2025/0006] (Montserrat) Date: Tuesday 23rd September 2025 Before: The Hon. Mr. Trevor Ward, Justice of Appeal On paper: Appellant/Applicant: In person Respondent: N/A Issues: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: Leave to appeal the order of Cottle, J dated 27th March 2025 is granted. The applicant shall file a notice of appeal within 21 days of the date of this order. The appeal shall thereafter proceed in accordance with the provisions of the Civil Procedure Rules (Revised Edition) 2023. Reason: The Court considered: rule 62.2(8) of the Civil Procedure Rules (Revised Edition) 2023 which states that leave to appeal may be given only where – (a) the court considers that the appeal would have a realistic prospect of success; or (b) there is some other compelling reason why the
appeal should be heard. The Court determined that the applicant had met the threshold for the grant of Leave to appeal in that the applicant had demonstrated that the intended appeal has a realistic prospect of success against the orders of the learned judge.
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