The Court of Appeal entertains appeals from the Supreme Court. Any person not satisfied with a decision of the Court of Appeal can appeal to the Judicial Committee of the Privy Council.
You do not need a lawyer to file an appeal. You are welcome to file an appeal with the Court of Appeal in person, although you are strongly encouraged to seek legal guidance when drafting your Notice of Appeal and submissions.
How do I lodge an appeal?
If you are not satisfied with part of or the entire the decision of the Supreme Court in a civil, commercial, matrimonial, or Criminal Injuries Compensation matter, you can appeal to the Court of Appeal Civil Division.
You must first determine if your decision is a final decision or not. If it is a final decision, you must file a Notice of Appeal within 6 weeks of the decision with a $200 revenue stamp.
If the decision is not final, you need permission from the Supreme Court to appeal. You must file a Notice of Motion for Leave to Appeal with an Affidavit and exhibit within 10 days of the decision. The Notice of Motion must have a $50 revenue stamp and the affidavit must have a $15 revenue stamp. The exhibit should be your intended Notice of Appeal with grounds of appeal and have a $5 revenue stamp.
Besides the revenue stamps that are due at the time of filing an appeal, you will be required to pay a hearing fee of $400 and a settling the record fee of $100 before your appeal is listed. If you require transcripts of the proceedings within the Supreme Court, you will be required to pay a $2000 per day deposit before the transcripts are prepared. Counsel on the other side of your appeal may require you to pay a Security for Costs. This may be paid into Court, as ordered by the Registrar, and can vary between $5,000 to $100,000.
For further assistance, please see the Rules of the Court of Appeal Order 2 (Civil Proceedings).
If you are not satisfied with a conviction or sentence within the Supreme Court in a criminal matter, you may appeal to the Court of Appeal.
You must file a Notice of Appeal Against Conviction within 21 days of the conviction with a $200 revenue stamp.
You must file a Notice of Application for Leave to Appeal against Sentence within 21 days of being sentenced with a $50 revenue stamp.
If you file a Notice of Application for an Extension of Time within which to Appeal, the fee is $50.
Besides the revenue stamps that are due at the time of filing an appeal, you will be required to pay a deposit for transcripts depending on how much is required to be transcribed in accordance to the Rules. A deposit of between $500 and $2,500 will have to be paid into Court before the transcripts and record of appeal can be prepared.
For further assistance, please see the Rules of the Court of Appeal Order 3 (Criminal Proceedings).
How do I lodge an appeal to the Privy Council?
Appeals to the Privy Council are guided by the Appeals Act 1911 and required to be granted leave (permission) from the Court of Appeal for Bermuda and this application must be filed within 21 days of the decision of the Court of Appeal for Bermuda. You may seek leave by filing a Notice of Motion with affidavit and exhibit along with $200 revenue stamps. You application will be listed in the next available session.
Once you have been granted permission, you must contact the Judicial Committee of the Privy Council or any United Kingdom law firms for any further steps.
The Court of Appeal for Bermuda cannot hear any leave applications that are out of time. Those applications must go directly to the Privy Council.
When does the Court of Appeal sit?
The Court of Appeal sits three times per year. In the absence of the full court, certain administrative and interlocutory matters can be dealt with by a judge of the Supreme Court exercising his powers as a single Justice of Appeal. The sitting dates for this year are:
- 29 February 2016 – 18 March 2016
- 30 May 2016 – 17 June 2016
- 31 October 2016 – 18 November 2016
The Court usually sits from 10:00 am until 4:30 pm, with a lunch break of 1:00 pm to 2:00 pm. Where needed, the Court will start earlier and finish later as directed by the President of the Court of Appeal.
Court Room Location
The Court of Appeal courtroom is located upstairs of Sessions House, in Court 2. The public entrance to the building is located on the eastern side of the building.
The Court of Appeal Registry is located at the Supreme Court Registry, 113 Front Street, Hamilton HM12. They are open from 8:30 am – 4:45 pm with a lunch break of 1:00 pm – 2:15 pm.