On 27 July 2026, the Court of Appeal (Henry JA, Ward JA and Rose-Albertini JA), sitting in Dominica, ordered that the appeal in SKN Choice Times Limited and Dwight C. Cozier v Josephine Huggins, Appeal No. SKBHCVAP2024/0009 (Saint Christopher Circuit), be stayed unless the appellants comply with all outstanding costs orders made against them within 28 days, and that, failing such compliance, the appeal shall stand struck out without further order of the Court.
The Court granted the application filed by the respondent, Josephine Huggins, on 17 February 2026, and at the same time determined the preliminary issue raised in the related interlocutory appeal, Appeal No. SKBHCVAP2024/0016 — whether it is in the interests of justice to permit an appellant to prosecute an appeal while in default of subsisting costs orders. Costs of the application were awarded to Ms Huggins, to be assessed if not agreed within 21 days.
The application arose from ten costs orders which remained wholly unsatisfied: eight made by the Court of Appeal in earlier appeals and interlocutory applications between the same parties, and two made in the High Court.
The respondent relied on the jurisdiction confirmed by the Eastern Caribbean Court of Appeal in Lunan Pharmaceutical Group Corporation v Zhao Long et al BVIHCVAP2021/0007 and Oscar Trustee Limited v MBS Software Solutions Limited BVIHCMAP2021/0024, under which the Court may impose conditions on the prosecution of an appeal before it where an appellant is in ongoing default of orders made against it, whether or not there has been a formal finding of contempt below. The respondent also relied on Isaacs v Robertson [1985] AC 97 for the principle that an order of a court of competent jurisdiction must be obeyed unless and until it is set aside.
The two matters were listed to be heard together by order of Byer JA dated 31 March 2026, following the direction of the Full Court on 9 December 2025 that the parties file evidence and submissions on the preliminary issue.
The underlying proceedings concern a claim in defamation in which judgment was entered against the appellants by Gill J on 8 July 2024. The appeal against that judgment remains pending.
Counsel
D. Victor C. Elliott-Hamilton, with Adana D. Romeo, represented the successful respondent.