Grave procedural error

A complaint about a grave procedural error is a request that a judgment or a decision that is legally binding (i.e. can no longer be appealed) should be quashed on the grounds that there has been a grave error in the judicial process and that this can be assumed to have affected the outcome.

If you consider that there has been a grave error in the judicial process and that this can be assumed to have affected the outcome of a case, you can lodge a complaint founded on grave procedural error. Simply put, a grave error in the judicial process means a very serious error by a court in applying the rules that govern the court’s handling of a process. One example is a party not having received case material that was significant in the trial.

The Supreme Court approves only a very small percentage of all grave procedural error complaints it receives.

In most grave procedural error situations, the court can only try the complaint if it is submitted in time.

A complaint about a grave procedural error in respect of a court of appeal ruling is to be sent to the Supreme Court. A complaint about a grave procedural error in respect of a district court ruling is to be sent to the court of appeal. It is vital that the complaint states the ruling to which it relates (court and case reference). It is also important to state why you consider there was a grave procedural error and why it affected the outcome.

The Code of Judicial Procedure (Chapter 59, Sections 1-5) sets out the rules on applicable deadlines and the exceptional cases for quashing a ruling on the grounds of grave procedural error.

You can use the form below to complain about a grave procedural error.

Updated
2020-09-04