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716 Cases
JCPC/2023/0020
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CONSTITUTION
Hearing listedCase summary:Whether section 1 of the Constitution of Bermuda is independently and directly enforceable, and if so whether certain legislative measures contravened the Appellant's rights to protection of law and to protection from deprivation of property without compensation. In any event, whether those legislative measures contravened the rule of law and the separation of powers.
Last updated: 13 December 2024
JCPC/2024/1003
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Permission to Appeal application lodgedCase summary:Last updated: 13 December 2024
JCPC/2022/0109
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BUSINESS, PROPERTY, WILLS, AND TRUSTS
Judgment scheduledCase summary:Whether the appellant complied with the terms of the lease between the parties.
Last updated: 11 December 2024
JCPC/2021/0117
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CRIME
Awaiting JudgmentCase summary:Should the Appellant be re-sentenced for murder in light of the Privy Council's decision in Bowe and another v The Queen [2006] UKPC 10?
Last updated: 10 December 2024
JCPC/2023/0104
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INSOLVENCY
Awaiting JudgmentCase summary:Can the appellant, as the former director of a company in liquidation, apply under section 273 of the Insolvency Act 2003 to reverse a decision made by the liquidators of the company to admit a claim in the liquidation? Can the court exercise its inherent jurisdiction to require the liquidators to make an application under section 210 of the Insolvency Act 2003 to amend or remove the claim?
Last updated: 10 December 2024
JCPC/2024/1002
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Permission to Appeal application lodgedCase summary:Last updated: 10 December 2024
JCPC/2024/1001
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Appeal issuedCase summary:Last updated: 6 December 2024
JCPC/2024/0016
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PUBLIC LAW AND HUMAN RIGHTS
Awaiting JudgmentCase summary:Did the Judicial and Legal Services Commission act in breach of section 137 of the Constitution in procuring the Appellant's resignation as a High Court Judge?
Last updated: 5 December 2024
JCPC/2019/0044
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Judgment givenCase summary:1. Whether the Appellant was inadequately represented by the Defence trial advocate in relation to diminished responsibility; 2. Whether there was inequality of arms between the Appellant and the Prosecution as a result of the refusal of a licence for leading Defence counsel; 3. Whether the Deemster failed properly to direct the jury in relation to diminished responsibility; 4. Whether, taken together, issues (1) to (3) deprived the Appellant of proving that his responsibility was diminished, such that a conviction for manslaughter should be substituted.
Last updated: 5 December 2024
JCPC/2021/0068
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COMMERCIAL
Judgment givenCase summary:(1) - (2) Was the Court of Appeal correct to accept as proper the findings of fact made by the judge? Can the concurrent findings be reversed? (3) - (5) Was the Court of Appeal correct in its findings under the Companies Act 1995?
Last updated: 5 December 2024
JCPC/2023/0086
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COMMERCIAL
Judgment givenCase summary:1. On the true construction of a sale agreement, what title did the purchaser of a condominium agree to purchase under that agreement in circumstances where: (a) the advertised square footage of the condominium was less than that recorded in a statutory declaration made pursuant to land-registration system for condominiums and (b) the terms of the sale agreement were expressed to be subject to the statutory declaration? 2. Is the purchaser entitled to rescind her sale agreement and recover the deposit paid under that agreement?
Last updated: 2 December 2024
JCPC/2023/0042
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TAX
Judgment givenCase summary:(1) On what basis is the Board of Inland Revenue entitled to raise a tax assessment following receipt of an individual's income tax return? (2) Can the Board of Inland Revenue recover unpaid income tax directly from an employee following an employer's failure to deduct the correct amount of tax under the statutory pay-as-you-earn (PAYE) regime?
Last updated: 2 December 2024
JCPC/2024/0051
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CONSTITUTION
Judgment givenCase summary:Is the Trinidad and Tobago Revenue Authority Act, Act No. 17 of 2021 ("the Act") unconstitutional, on the basis that it removes tax assessment and collection functions from public officers?
Last updated: 2 December 2024
JCPC/2023/0056
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BUSINESS, PROPERTY, WILLS, AND TRUSTS
Judgment givenCase summary:William Graham Scavella died on 19 November 2012. At the time of his death, he was married to Audrey Flowers (previously Scavella), and they were joint tenants of a property on which they had taken out a mortgage. The couple were jointly and severally liable for the debt. Mr Scavella had a life insurance policy which became payable to his estate when he died. Mr Scavella had previously been married to Gina Scavella, with whom he had had two children.
Last updated: 2 December 2024
JCPC/2022/0050
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COURT PROCEDURE
Judgment givenCase summary:Whether the Court of Appeal erred in determining that it is the Court of Appeal, and not the High Court, that is proper forum for appeals under section 88M of the Motor Vehicles and Road Traffic Act Ch 48:50 ("the MRTA"), from a decision to disqualify a person from holding or obtaining a driving permit.
Last updated: 2 December 2024
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