29th January 2015

TELECONFERENCE SAINT CHRISTOPHER AND NEVIS Thursday, 29th January 2015 APPLICATION AND APPEAL Case Name:

[1]Hon. Mark Brantley (in his personal capacity and as a representative of the Concerned Citizens Movement)

[2]Dr. Hon. Timothy Harris (in his personal capacity and as a representative of the People’s Labour Party)

[3]Hon. Sam Condor (in his personal capacity and as a representative of the People’s Labour Party)

[4]Hon. Shawn Richards (in his personal capacity and as a representative of the People’s Action Movement) v [1] Constituency Boundaries Commissions (being Mr. R.A. Peter Jenkins, Hon. Asim Martin, Hon. Marcella Liburd, Hon. Vance Amory, and Hon. Vincent Byron) [2] Dr. Hon. Denzil Douglas, Prime Minister of St. Christopher and Nevis [3] The Attorney General of St. Christopher and Nevis (as Representative of His Excellency the Governor General) Coram: The Hon. Mr. Davidson Kelvin Baptiste, Justice of Appeal The Hon. Mde. Louise Esther Blenman, Justice of Appeal The Hon. Mr. Mario Michel, Justice of Appeal Appearances: Applicants: Mr. Christopher Hamel-Smith, SC and Mr. Douglas Mendes, SC, leading Mr. Delara MacClure Taylor instructed by Ms. Talibah Byron Respondents: Mr. Anthony Astaphan, SC and Dr. Henry Browne, QC, for the first and second respondents, leading Mr. Anthony Sylvester instructed by Ms. Angelina Sookoo Lord Peter Goldsmith, QC, for the third respondent, the Attorney General, instructed by Solicitor General Mrs. Simone Bullen-Thompson Issues: Application for interim injunction pending hearing and determination of appeal – Appeal against refusal of judge to reinstate injunction Result / Order: [Oral delivery] IT IS HEREBY ORDRED THAT: 1. This appeal be deemed urgent and be scheduled for hearing on 9th February 2015 at the sitting of the Court of Appeal in St. Vincent and the Grenadines. 2. That the Electoral Commission and the Supervisor of Elections, whether by themselves, their servants and or agents or persons subject to their control, authority or direction or howsoever otherwise be enjoined from using the boundaries described in the Proclamation signed by the Governor General on 16th January 2015 for the purposes of the next General Elections until the hearing and determination of this appeal or until further order. IT IS HEREBY DIRECTED THAT: 1. The full record of appeal be filed and served on or before Monday, 2nd February 2015. 2. The appellants file and serve written submissions and authorities in support on or before Tuesday, 3rd February 2015. 3. The respondents file and serve written submissions and authorities on or before Wednesday, 4th February 2015. 4. The appellants file and serve a reply, if necessary, on or before Thursday, 5th February 2015 at 3:00 pm. 5. The hearing of the appeal will take place on Monday, 9th February 2015 at 9:00 am in St. Vincent and the Grenadines. 6. Notice of the hearing of the appeal be given to the Electoral Commission and the Supervisor of Elections. Reasons: The Court was of the view that the justice of the case merited the granting of an interim injunction pending the hearing and determination of the appeal based on the Novartis principles as set out at paragraph 41 of the judgment Novartis AG v Hospira UK Limited [2014] 1 WLR 1264. Accordingly, the Court was of the view that the status quo ante should be maintained and that the appeal should be deemed urgent.