CARIBBEAN–CCJ dismisses application for review of its previous Order

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PORT OF SPAIN, Trinidad, CMC – On Thursday, the Caribbean Court of Justice (CCJ) dismissed an application to review an order previously handed down in the case of Graham Bethell v Royal Bank of Canada (Barbados) Limited.

On March 29, 2023, Bethell applied to the CCJ for permission to appeal a Court of Appeal decision. 

On August 18. 2023, after reading the application, the CCJ issued an order based on the documents filed, dismissing Bethell’s application. 

Earlier this year, on January 29, Bethell applied to the CCJ for a review of the Order denying permission to appeal. 

He sought to have that decision quashed and asked permission to present legal arguments in support of his earlier application for permission to appeal to the CCJ. 

However, an Order was issued on Thursday denying Bethell’s application for review and ordering costs to Royal Bank of Canada (Barbados) Limited.

In reasons authored by Justice Adrian Saunders, with Justice Winston Anderson and Justice Maureen Rajnauth-Lee concurring, it was explained that Bethell’s application for review was denied as he relied exclusively on the merits of his substantive claim and its prospects of success. 

However, no material addressed whether and how the Court of Appeal was wrong in its reasoning when it dismissed his earlier application or what special circumstance existed warranting the CCJ’s review of its Order.

The application was considered by the CCJ President, Justice Adrian Saunders, and Justices Winston Anderson and Maureen Rajnauth-Lee. Bryan Weekes acted for Bethell, while Garth Patterson KC and Khayyam Nakhuda acted for Royal Bank of Canada (Barbados) Limited.

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