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Staff of Government Division's Jurisdiction to Order a Stay
JURISDICTION TO ORDER A STAY WHERE PROCEEDINGS ARE SUBJECT TO AN APPEAL
In a Judgment delivered on the 19th May 2005, the Staff of Government Division (the Appeal division of the Isle of Man High Court) confirmed that when a matter is subject to an Appeal from it, to the ultimate Appellant Court of the Isle of Man, being the Judicial Committee of the Privy Council, the Staff of Government Division still held a jurisdiction to Order a Stay of its own Order, under Appeal, (subject to any subsequent Orders as to a Stay, per se, or terms to be imposed in respect of any Stay by the Privy Council) notwithstanding that the Privy Council, of itself, held such jurisdiction and notwithstanding that proceedings before the Privy Council, as yet to be determined, included, as a part of them, arguments as to whether or not a Stay should be granted should special leave be granted to continue to substantive Appeal before the House of Lords.
This mirrors the discretion, being a concurrent discretion, reflected in the commentary to the former English Order 59/30/9 in the 1999 Edition of the Supreme Court Practice (White Book).
