FG Hemisphere Associates [2011] JCA 141B (14 July 2011)

Leave to appeal to the Privy Council is granted for Gécamines due to important questions of law and divided court decision; costs awarded to Hemisphere except for Gécamines' Ground (vi); leave to appeal denied for GTL.

Citation: [2011] JCA 141B
Parties: Respondent/representor: FG Hemisphere Associates LLC; First Respondent: The Democratic Republic of Congo; Appellant/second Respondent: La Generale des Carrieres et des Mines; Appellant/party Cited: Groupement pour le Traitement du Terril de Lubumbashi Limited
Jurisdiction: Jersey
Judgment Date: 14 July 2011
Procedural Posture: Appeal / Post Judgment; Determination of Costs and Leave to Appeal
Outcome: Leave to appeal to Privy Council granted for Gécamines; denied for GTL. Costs awarded to Hemisphere except for Gécamines' Ground (vi).
Legal Topics: Costs, Leave to Appeal, Appeal Process

Civil Procedure Costs Leave to Appeal Appeal Process

Case Brief

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Parties

FG Hemisphere Associates LLC

Respondent/representor

The Democratic Republic of Congo

First Respondent

La Generale des Carrieres et des Mines

Appellant/second Respondent

Groupement pour le Traitement du Terril de Lubumbashi Limited

Appellant/party Cited

Procedural Posture

Appeal / Post Judgment; Determination of Costs and Leave to Appeal

Legal Issues

1 Entitlement to costs in appeal
2 Leave to appeal to Privy Council
3 Appropriate test for granting leave to appeal

Ratio Decidendi

Court Disposition

Leave to appeal to Privy Council granted for Gécamines; denied for GTL. Costs awarded to Hemisphere except for Gécamines' Ground (vi).

Orders

Hemisphere awarded costs for both appeals on standard basis, including applications for fresh evidence and replies.
No costs awarded for Gécamines' Ground (vi).