Judgment Reviews Law at Gibraltar (BOT)
In Gibraltar, the legal framework for challenging court judgments is structured to provide avenues for appeals and enforcement disputes, ensuring that individuals have mechanisms to contest decisions they believe to be erroneous or unjust.
⚖️ Court Structure
The judiciary in Gibraltar comprises:
Magistrates' Court: Handles minor criminal cases, licensing matters, and preliminary hearings for more serious offenses.
Supreme Court: The highest court in Gibraltar, it has unlimited jurisdiction to hear and determine any civil or criminal proceedings. The Supreme Court comprises the Chief Justice and three puisne judges appointed by the Governor.
Court of Appeal: Hears appeals from the Supreme Court. It is composed of an odd number of judges, not fewer than three, and the Chief Justice serves ex officio but may not hear appeals of his own decisions.
Judicial Committee of the Privy Council: The final appellate body for Gibraltar, it hears appeals from the Court of Appeal.
🧾 Appeal Process
From Magistrates' Court to Supreme Court: Decisions can be appealed to the Supreme Court
From Supreme Court to Court of Appeal: Appeals are as of right in cases involving substantial questions of law, constitutional issues, or when the dispute amount is significant
From Court of Appeal to Privy Council: Appeals can be made with the consent of either the Court of appeal or the Privy Council itself, especially in cases of constitutional importance or significant public interest
🧾 Enforcement of Foreign Judgments
The enforcement of foreign judgments in Gibraltar is governed by international treaties and convention. Gibraltar continues to apply the Brussels Recast Regulation, which facilitates the recognition and enforcement of judgments among EU member state. However, post-Brexit, the UK and Gibraltar have diverged from the EU's approach, leading to potential challenges in enforcing judgments between Gibraltar and EU member state. Gibraltar's adherence to the Brussels Recast Regulation may result in irreconcilable judgments with EU member states that have moved away from in.
🧾 Judicial Revie
In Gibraltar, judicial review is a process by which individuals can challenge the decisions of public bodies. The Supreme Court has the authority to review the legality of decisions made by public authorities to ensure they act within their powers and follow fair procedures.
RELATED Blog
0 comments