Shoppers Pharmacy et al v Public Utilities Authority

EASTERN CARIBBEAN SUPREME COURT ANTIGUA AND BARBUDA IN THE COURT OF APPEAL HCVAP 2010/042 BETWEEN: [1] SHOPPERS PHARMACY [2] ROMANETA FRANCIS Appellants and PUBLIC UTILITIES AUTHORITY Respondent Before: The Hon. Mr. Don Mitchell Justice of Appeal [Ag.] On written submissions: The Appellants in Person _________________________________________ 2012: February 20; May 22. _________________________________________ Civil appeal – Interlocutory appeal – Service of notice of appeal – Leave to file notice of appeal JUDGMENT

[1]MITCHELL JA [AG]: This is an appeal against an award of costs which comes up before me for determination as an interlocutory appeal. Interlocutory appeals are generally determined on paper by a single judge of the court pursuant to rule 62.10 of the Civil Procedure Rules 2000.

[2]There is no indication that the Notice of Appeal was ever served on the respondents. Service on the other side is an essential pre-requirement for an appeal to be heard fairly. Nor is there any indication on the file that the appellants ever applied for or obtained the leave of the court below or of this court to file this appeal. An appeal against a costs order always requires leave under the provisions of section 26 of the Eastern Caribbean Supreme Court Act.1

[3]No such leave having been obtained, the Notice of Appeal is struck out as a nullity.

Don Mitchell

Justice of Appeal [Ag.]

HCVAP 2010/042 Mitchell J.A. [Ag.] Delivered: 22/05/12