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Full Battery (Paperback)
Timothy Cleary, Jacob Turner
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The Judicial Committee of the Privy Council (JCPC) is the court of
final appeal for jurisdictions including the British Overseas
Territories and Crown Dependencies, and for those Commonwealth
countries that have retained the appeal to Her Majesty in Council.
This volume aims to explain the JCPC's unique procedures,
practices, and, where relevant, jurisprudence in a manner which is
readily accessible, even to those unfamiliar with it. It will
provide valuable guidance to practitioners considering whether to
seek recourse to the JCPC and, if an appeal is pursued, throughout
the appeal process. This comprehensive guide to the JCPC is the
first work of its kind since 1937. It includes chapters on
jurisdiction, conditions of appeal, precedent, and the JCPC's role
in interpreting constitutions as part of a workload which still
ranges from death row criminal cases to heavy commercial disputes.
Importantly, the authors provide detailed commentary on the complex
Rules and Practice Directions that underwent a significant overhaul
in 2009, for which no dedicated volume currently exists. Emphasis
is placed on topics of greatest practical importance to litigants,
including timings, the form and content of written cases, issues of
costs, and the role of the Registrar. This one-stop reference is
essential for any practitioner in the countries for which the JCPC
remains the final court of appeal, as well as for UK solicitors
acting as local counsel and members of the UK Bar instructed in
JCPC appeals. It also provides students and academics with chapters
on the history, jurisprudence, and the sources of law considered by
the JCPC, as well as on its interaction with other court systems.
The release of this work is particularly timely given that in the
judgment Willers v Gubayi [2016] UKSC 44 the UK Supreme Court
explained for the first time the circumstances in which the JCPC
may bind the Courts of England and Wales. With authoritative
authorship and unique content, this is a must-have resource for all
those pursuing a case before, or with an interest in, the JCPC.
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