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May 30, 2022

Will Stake Bank Appeal Latest Supreme Court Decision?

Guerra also spoke of the possibility that the latest decision of the Supreme Court may be appealed yet again by Stake Bank Enterprise.


Hector Guerra

Hector Guerra, Attorney-at-law

“The primary reason was that the judge felt that Stake Bank did not have a realistic prospect of success.  The entire reason leave to appeal is necessary is because the court is trying to strike out busy-bodies, et cetera.  Stake Bank’s principal contention was that the practice directions which address electronic filing was beyond the scope of civil procedure rules so that it was unlawful.  That’s what they were saying.  Our position was that that is not so.  We said that what the practice direction was doing was seeking to fill a gap which was not, prior to that point, addressed which was electronic filing.  And that was in fact necessary because, and it was passed, I believe, in the last two years because of the COVID pandemic. There was a need for the registry to continue filing court documents and for justice to continue and so that’s why the Chief Justice found it necessary to issue the practice direction.”


Isani Cayetano

“Is there any likelihood that Stake Bank may very well appeal this particular decision?”


Hector Guerra

“Of course.  As is available to every litigant, until you reach the CCJ, there is a right to appeal and I am sure that is something that is being contemplated by Stake Bank at this moment.”

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