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The Isle of Man’s Court of Appeal, the Staff of Government Division (the SGD), has recently confirmed that there is no jurisdiction under Isle of Man law to appeal to the Judicial Committee of the Privy Council (the JCPC) against the SGD’s refusal to grant permission to appeal (a PTA Refusal).
In Moussavi v Broadsheet LLC (in liquidation) & VR Global Partners LP, His Honour Judge of Appeal Cross held that section 19A of the High Court Act 1991 firmly embeds the “finality” principle into Manx law and precludes any appeal to the JCPC against a PTA Refusal. Section 19A(3) provides:
“No appeal may be made against a decision of a judge or court under this section to give or refuse permission …”
In submissions to the SGD, the appellant Mr Moussavi argued that section 24(1) of the High Court Act 1991 conferred jurisdiction on the Court to permit an appeal to the JCPC against a PTA refusal. Section 24(1) provides:
“The judgments and orders of the Appeal Division may be appealed from to Her Majesty in Council [the JCPC] with either — (a) the leave of the Appeal Division; or (b) with the special leave of Her Majesty.”
This argument has been emphatically rejected by the SGD on multiple occasions including in Moussavi and more recently in Bell v HM Solicitor General. The SGD confirmed that section 24 relates only to appeals against substantive Orders or judgments, not to a PTA Refusal.
In Bell, the SGD also explained that the JCPC itself refused permission to appeal in the case of Cruz City v Nectrus on the ground that the JCPC had “no jurisdiction to entertain the appeal” (a reference to the statutory restriction in section 19A(3)).
Maher Law’s Tom Maher acted for Gordon Wilson liquidator of Broadsheet LLC, one of the successful respondents, in the Moussavi appeal.
For more information on how Maher Law’s specialist dispute resolution team can assist in relation to Isle of Man insolvency and other Chancery litigation, please contact Tom Maher at tom@maher.im.
5 August 2025
