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Judicial Committee of the Privy Council
This is the final court of appeal for the UK overseas territories and Crown dependencies. It also serves those Commonwealth countries that have retained the appeal to His Majesty in Council or, in the case of republics, to the Judicial Committee.
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- Keith Rolle and another (Respondents) v Raymond Meadows (Appellant) (The Bahamas)
The Judicial Committee of the Privy Council
Judgment
16 June 2025
Lord Sales,
Lord Stephens,
Lord Richards,
Lady Simler,
Dame Janice Pereira
Is the Appellant entitled to an order for possession of the disputed land on the basis that the Respondents are trespassers who have not acquired a possessory title by adverse possession?
- Credit Suisse Life (Bermuda) Ltd (Respondent) v Bidzina Ivanishvili and 6 others (Appellants) No 2 (Bermuda)
The Judicial Committee of the Privy Council
Hearing
16 June 2025
Lord Hodge,
Lord Briggs,
Lord Leggatt,
Lord Richards,
Lady Simler
The Cross-Appeal is advanced on four grounds. In summary, the Cross-Appellants contend that the misrepresentation claim should be governed by Bermuda law, with the result that the 3-year Georgian law limitation period should not apply, because either: (i) the Imanagement exception to the double actionability rule applies (Ground 1); or (ii) if Georgian law is to be taken into account pursuant to the double actionability rule, that should include Georgia’s choice of law rules which the Cross-Appellants contend refer actionability back to Bermudian law (Ground 2). The Cross-Appellants also contend that the misrepresentation claim was based on the same or substantially the same facts so that it was appropriate for the Chief Justice to give leave to amend the original Statement of Claim (and so defeat any Georgian law limitation defence) (Ground 3). Finally, the Cross-Appellants contend that this is an appropriate case for finding that the Cross-Appellants were induced by the fraudulent misrepresentations, notwithstanding that they may not have contemporaneously and consciously turned their minds to the specific misrepresentations that were conveyed (Ground 4).
Linked cases
- Credit Suisse Life (Bermuda) Ltd (Appellant) v Bidzina Ivanishvili and 6 others (Respondents) (Bermuda)
The Judicial Committee of the Privy Council
Hearing
16 June 2025
Lord Hodge,
Lord Briggs,
Lord Leggatt,
Lord Richards,
Lady Simler
CS Life advances six grounds of appeal. In summary, it argues that judgment on the contractual claims is inconsistent with the contractual documentation and that there is no scope for any fiduciary duties. In the alternative, CS Life appeals on three grounds relating to quantum. It contends that damages (i) should be assessed on the basis of the specific transactions identified as objectionable by the experts, rather than on the basis that the entire portfolio should be replaced with an alternative medium risk portfolio from the outset (Ground 4); (ii) should have been calculated from the dates the LPI Policies were entered into rather than the date the Policy Assets were transferred into the name of CS Life (Ground 5); and (iii) should only have been calculated to August 2017 (Ground 6).
Linked cases
- Commissioners for His Majesty's Revenue and Customs (Appellant) v HFFX LLP (Respondent)
UK Supreme Court
Hearing
17 June 2025
Lord Lloyd-Jones,
Lord Sales,
Lord Hamblen,
Lord Burrows,
Lady Rose
(1) Does section 850 of the Income Tax (Trading and Other Income) Act 2005 (“ITTOIA”) apply to profits retained by a corporate member of a limited liability partnership and subsequently reallocated to individual members of that partnership pursuant to an incentivisation and deferral arrangement? (2) If the answer to (1) is no, are the profits allocated by a corporate member of a limited liability partnership to its individual members under an incentivisation and deferral arrangement chargeable income tax, either (A) as miscellaneous income under section 687 ITTOIA; or (B) as sales of occupation income under the Income Tax Act 2007 (“ITA”)?
Linked cases
- Tyson Strachan (Appellant) v Albany Resort Operator Ltd (Respondent) (Bahamas)
The Judicial Committee of the Privy Council
Hearing
23 June 2025
Lord Reed,
Lord Burrows,
Lord Stephens,
Lady Rose,
Lady Simler
Did the Court of Appeal err in upholding the trial judge’s determination that the Appellant had not established to the civil standard that his employer was liable in negligence and that there was no case to answer?
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LATEST JUDGMENTS
29 May 2025
Garet O Finlayson and another (Appellants) v Caterpillar Financial Services Corporation (Respondent) (The Bahamas)15 May 2025
Attorney General of Trinidad and Tobago (Appellant) v EDASCO Ltd (Respondent) (Trinidad and Tobago)28 April 2025
Attorney General of the Cayman Islands and another (Appellants) v Joey Delosa Buray and another (Respondents), Zanna Me-Waakie Jones Hunter intervening (Cayman Islands)22 April 2025
Ricardo Farrington (Appellant) v The King (Respondent) (Bahamas)- Methanex Trinidad (Titan) Unlimited (Appellant) v The Board of Inland Revenue (Respondent) (Trinidad and Tobago)