SO FAR …
- On April 16, 2003 The Court of Appeal dismissed Mrs. Knox’s appeal against the decision of the High court. The decision of the three judges was unanimous.
- A three week stay of execution was granted on the lifting of the injunction which prevented the other shareholders from disposing of their shares and the company, KEL from disposing of any of its assets.
- Mrs. Knox applied to the Court of Appeal for conditional leave to appeal to the Privy Council and for a continuation of the injunction. This was heard by a single judge in chambers on May 6, 2003, one day before the expiration of the injunction on the shares and assets of the company.
- Conditional leave was granted but the matter was adjourned as one counsel was unable to have been present. No decision was reached on the continuation of the injunction as it was argued that this matter was out of the jurisdiction of the local Court of Appeal.
- The injunction was due to expire the next day, so Mrs. Knox URGENTLY petitioned the Judicial Committee of the Privy Council for an ex parte continuation of the injunction as without an injunction the assets and shares of the company could have been disposed of thus rendering nugatory any further action. On May 8, 2003 this was granted until the matter could be heard. The respondents were given the right to appear and seek a variation.
- The Privy Council in its ruling made it clear that it was not deciding whether jurisdiction for the continuation of an injunction did or did not lie with the local Court of Appeal.
- Shortly before the hearing for final leave, a charging order on the KEL shares of Mrs. Knox was made without her or her lawyers’ knowledge. This charging order has been set aside.
- The stipulations laid down in the conditional leave to appeal to the Privy Council were met within the required time frame, and final leave to appeal was granted by the Court of Appeal on October 3, 2003.