One-time property developers Jonathan and Jamie Irving have been refused permission to appeal to the Privy Council over their disqualification as company directors.
In a judgment handed down in February, Deemster Aidan Christie QC said he had ’little option’ but to disqualify Jonathan Irving for eight years and son Jamie for seven years.
They were subsequently ordered to pay substantial costs plus VAT to the island’s financial regulator.
In October last year that decision to disqualify them was upheld by the appeal court which ruled it was neither wrong nor manifestly excessive.
Now the Irvings have lost a bid to take their case to the Privy Council, which is the highest court of appeal.
The father and son’s application, submitted three months out of time, sought for permission to appeal to the Judicial Committee of the Privy Council against their ban as directors and against the order to pay indemnity costs below and on appeal of £96,930.
They argued that they had a right to a fair trial before an impartial court when up against the state and claimed untested hearsay evidence had been used against them.
The pair questioned the awarding of indemnity costs when there were no allegation of dishonesty and claimed their ban was longer than someone who had been sent to prison for stealing while occupying a position of trust.
But Judge of Appeal Jeremy Storey QC and Deemster Rosen QC said no relevant issues of law or matters of general public importance had arisen and therefore refused permission to appeal to the Privy Council or grant any stay of the costs orders.
However, the Irvings still have the option of seeking permission to appeal directly from the Privy Council panel of judges.


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