We have previously blogged on the DPH liquidation dispute (see blogpost). This litigation has given rise to a further interesting BVI Court of Appeal judgment on a point “rarely” taken; is leave required to file a counter notice to an existing appeal (the Counter Notice Issue)? A single judge of the Court of Appeal (the Single Judge) held that leave was required. The Full Court of Appeal (the Full Court) has now overturned that decision finding that any party wishing to cross-appeal on any issue considered in the same judgment may do so by counter notice without seeking separate leave.
In delivering its judgment the Full Court found that once an appeal is commenced with leave, the Court of Appeal’s jurisdiction is engaged and the party desiring to cross-appeal may do so by counter notice without bringing a separate leave application. The Full Court described a counter notice by its nature as being “parasitical on a pending appeal”. The Full Court’s approach is to be commended as being one which “avoids a multiplicity of proceedings and promotes judicial economy of time and expense.”