Skip Ribbon Commands
Skip to main content

Skip Navigation LinksAppeals

  • ​​​What is an appeal?
  • When can parties appeal against the Magistrates' decision?
  • What are the steps to file in an appeal?
  • What happens during an appeal hearing?
  • Can the other party enforce the Magistrate's judgment if you have filed in a Notice of Appeal?
  • What is a stay of proceedings and how can party apply for it?

What is an appeal?
Any party who does not agree with the Trial Magistrate's decision may appeal to the High Court. The High Court will review the evidence and decision of the Magistrate and determine whether the decision is proper or otherwise. The party who appeals will be referred to as “appellant" and the opposing party will be known as “respondent".

 

When can parties appeal against the Magistrates' decision?
Party may appeal against the Magistrate's decision within one (1) month from the said decision. 

What are the steps to file in an appeal?

​1. File in a 'Notice of Appeal' (Form A)​ within one month from the decision. The Notice of Appeal must contain the following information:
    • Case number
    • Name of parties
    • Date of decision
    • Reasons for appealing (also known as 'grounds of appeal')
    • A certified copy of the notes of proceedings – parties may apply for certified copy from the Magistrates' Court registry and pay the fee of $2.00 per page.
    • Specify whether you are appealing against part(s) or the whole decision. Failure to specify the part(s), the appeal shall be taken to be against the decision as a whole.

2. File 'Notice of Appeal' (Form A) with the Registrar of the Magistrates' Court within one (1) month from the decision appealed. The filing fee for appeal is BND $100.00. Note: For registered counsel, they are encouraged to file their appeal via the Electronic Filing System at efiling.judiciary.gov.bn.​

3. Serve a copy of the 'Notice of Appeal' (Form A) to the respondent

4. Parties will be notified once a date is set by the High Court and to attend accordingly. 


What happens during an appeal hearing?
A High Court Judge will hear submissions from both parties and delivers a verdict on whether the Magistrate's decision shall be affirmed or otherwise.  


Can the other party enforce the Magistrate's judgment if you have filed in a Notice of Appeal?
Yes, the other party may apply for the judgment to be enforced. This is because the 'Notice of Appeal' does not operate as an automatic 'stay of proceedings'.  


What is a stay of proceedings and how can party apply for it?
A stay of proceeding means any legal action is 'stopped' temporarily pending the appeal being heard before the High Court. The appellant may apply via letter for a mention before the Magistrate to make an application for stay. It is advisable for the appellant to make their application as soon as the 'Notice of Appeal' has been filed. Failure to do so, the other party may still apply to enforce the judgment against you.