Judgment Reviews Law at Bermuda (BOT)
In Bermuda, the judicial system provides structured mechanisms for reviewing judgments, ensuring fairness and the correction of errors. Here's an overview of the judgment review process:
⚖️ Judicial Review Mechanisms in Bermuda
1. Supreme Court
The Supreme Court is the primary court of first instance in Bermuda, handling civil, criminal, commercial, and family matters. Decisions made by the Supreme Court can be appealed to the Court of Appeal. For appeals from the Magistrates' Court, a Notice of Appeal must be filed within 10 days of the judgment. For civil matters, if the decision is final, an appeal can be made as of right. For interlocutory decisions, permission to appeal is required. In criminal matters, appeals against conviction must be filed within 21 days, and appeals against sentence within 21 days of sentencing. The Court of Appeal has discretion to grant leave for appeals in civil matters and is required to grant leave in criminal matters if the appeal has a real prospect of success or there is some other compelling reason for the appeal to be heard.
2. Court of Appeal
The Court of Appeal hears appeals from the Supreme Court. Decisions made by the Court of Appeal can be further appealed to the Judicial Committee of the Privy Council, which is the final appellate court for Bermuda. Appeals to the Privy Council require permission from the Court of Appeal, except in cases involving fundamental rights or where the amount in dispute exceeds a certain threshold.
3. Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council serves as the final court of appeal for Bermuda. Appeals to the Privy Council are typically permitted when the Court of Appeal certifies that the case involves a point of law of general public importance. The Privy Council's decisions are binding on Bermuda's courts.
📌 Notable Case: Afiniti Ltd v Chishti
In the case of Afiniti Ltd v Chishti [2024] CA Bda 15 Civ, the Court of Appeal revisited Bermuda’s rules on the admissibility of foreign arbitration awards and independent counsel opinions The Court addressed the certification requirements for foreign arbitration awards under the Bermuda International Conciliation and Arbitration Act 1993 and discussed the circumstances under which a foreign arbitration award might be admitted in evidence under Bermuda law
✅ Summary Table
| Court Level | Function | Appeal to Next Level | |---------------------------|-------------------------------------------------|----------------------------------| | Supreme Court | First instance court | Court of Appeal | | Court of Appeal | Appellate court | Judicial Committee of the Privy Council | | Judicial Committee of the Privy Council | Final appellate court | None (final decision)
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