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749 Cases
JCPC/2020/0003
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CONSTITUTION
Judgment givenCase summary:Whether the Court of Appeal of Trinidad and Tobago erred in finding that: i) section 25(2) of the Tobago House of Assembly Act did not empower the Executive Committee of the Tobago House of Assembly (THA) to enter into such contracts as would constitute a 'build-own-lease-transfer' (BOLT) arrangement; and ii) the THA could only decide to enter into a BOLT arrangement after complying with the requirements of the Central Tenders Board Act.
Last updated: 11 February 2025
JCPC/2023/0019
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EMPLOYMENT
Judgment givenCase summary:1. Was the Court of Appeal wrong to make its decision on grounds that were not set out in the Notice of Appeal, without giving the appellant ("PPO") sufficient opportunity to address the court? 2. Given that the Court of Appeal found the Industrial Disputes Tribunal (the "IDT") had made errors of law, was the Court of Appeal wrong not to quash the IDT's award and/or remit the case for reconsideration? 3. Was the Court of Appeal's interpretation of section 11(ii) and (iii) of the Labour Relations Code (the "Code") incorrect?
Last updated: 11 February 2025
JCPC/2024/0044
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PUBLIC LAW AND HUMAN RIGHTS
Hearing listedCase summary:Is the International Co-operation (Protection from Liability) (Jersey) Law 2018 a disproportionate restriction on the right of access to the court and therefore incompatible with article 6(1) of the European Convention of Human Rights?
Last updated: 10 February 2025
JCPC/2023/0096
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TAX
Hearing listedCase summary:Was a Société, in which the appellant was a partner, engaged in a business within the meaning of the Income Tax Act 1995?
Last updated: 10 February 2025
JCPC/2024/0009
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BUSINESS, PROPERTY, WILLS, AND TRUSTS
Hearing listedCase summary:Did the Court of Appeal err in refusing to strike out fair value appraisal claims by parties that had acquired shares with the knowledge that the company would shortly be amalgamated into another company, and what is the proper approach to identifying fair value?
Last updated: 10 February 2025
JCPC/2024/0077
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Hearing listedCase summary:What (if any) is the scope of the joint interest privilege enjoyed by the shareholders and former shareholders of Jardine Strategic Holdings Limited (the “First Appellant”) over legal advice obtained by the First Appellant? Can a company assert privilege over its legal advice against a shareholder only where litigation privilege is established, or from the time that the interests of the company and shareholder became adverse?
Last updated: 10 February 2025
JCPC/2024/0033
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PUBLIC LAW AND HUMAN RIGHTS
Awaiting JudgmentCase summary:(1) Was the police’s seizure and detention of property pursuant to its powers under the State Lands Act Chap. 57:01 (“the Act”) lawful? (2) Who had jurisdiction and control over the property from the time of its seizure? (3) What is the correct process for the owner of the property seized to seek its release?
Last updated: 7 February 2025
JCPC/2023/0095
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CONSTITUTION
Awaiting JudgmentCase summary:Is section 37(3) of the Immigration (Transition) Act (2021 Revision) incompatible with the right to private and family life under section 9 of the Bill of Rights?
Last updated: 7 February 2025
JCPC/2023/0073
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CONSTITUTION
Awaiting JudgmentCase summary:Did the Court of Appeal err in setting aside a test case agreement and consent order agreed between the parties?
Linked casesLast updated: 7 February 2025
JCPC/2023/0072
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CONSTITUTION
Awaiting JudgmentCase summary:Did the Court of Appeal err in setting aside a test case agreement and consent order agreed between the parties?
Linked casesLast updated: 7 February 2025
JCPC/2023/0088
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COMMERCIAL
Judgment givenCase summary:Was the trial judge wrong to find that one party to a contract had stolen material from the other, when the allegation of theft had not been made expressly in the alleging party's statement of case? Did the trial judge interpret the meaning of the word "theft" correctly, including questions of knowledge and dishonesty if relevant, when finding that the allegation of theft was proven?
Last updated: 6 February 2025
JCPC/2025/0010
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Permission to Appeal application lodgedCase summary:Last updated: 6 February 2025
JCPC/2014/0061
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PROCEDURE
Judgment givenCase summary:See judgment
Last updated: 5 February 2025
JCPC/2013/0081
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CRIME
Judgment givenCase summary:See judgment
Last updated: 5 February 2025
JCPC/2019/0109
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ARBITRATION
Judgment givenCase summary:(1) In the context of an application to set aside an arbitral award in favour of the appellant for the respondent's breach of contract, was the Supreme Court entitled to decide whether the contract been entered into in breach of public procurement rules? If yes, was the contract subject to public procurement rules and awarded illegally in breach of those rules?(2) Did the alleged breach of public procurement rules justify setting aside the arbitral award as contrary to the public policy of Mauritius?
Last updated: 5 February 2025
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