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896 Cases
JCPC/2025/0045
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PUBLIC LAW AND HUMAN RIGHTS
Permission to Appeal application lodgedCase summary:Did the Court of Appeal err in finding that it had no jurisdiction to hear and determine the appeal because the appeal was a “criminal cause or matter” as prohibited by section 33(3)(a) of the Eastern Caribbean Supreme Court (Saint Christopher and Nevis) Cap 3.11 (“the Act”)? Were the appellant’s constitutional rights breached by virtue of the application of that provision? Did the Court of Appeal err in awarding costs contrary to Part 56.11(6) of the Civil Procedure Rules?
Last updated: 27 November 2025
JCPC/2024/0007
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BUSINESS, PROPERTY, WILLS, AND TRUSTS
Judgment GivenCase summary:1) Whether the just and equitable winding-up jurisdiction may be used to alter, amend or supplement the normal effect of the law of contract in circumstances where the parties have entered into a contract regulating their relationship and where that contract expressly makes provision for the matter or matters giving rise to the Respondent’s complain. (2) Whether the Respondent’s complaint is governed exclusively by the law of contract. (3)Whether it was a breach of the duty to act in good faith for the General Partner to rely on entire-agreement clause in the 2017 Agreement to decline to give effect to assurances made outside of that Agreement. (4) Whether the reliance by the General Partner on the terms of the 2017 Agreement in not transferring the shares was misconduct in the management and affairs of the Partnership giving rise to a loss of trust and confidence as to justify the making of a winding up order on the just and equitable ground. (5) Whether the General Partner has breached its duty to act in good faith by refusing to transfer the shares in Legend Cayman to the Respondent so as to justify the making of a winding up order on the just and equitable ground. (6) Whether there is an adequate alternative remedy available to the Respondent by bringing an action for breach of duty under Section 19(1), Exempted Limited Partnership Act.
Last updated: 27 November 2025
JCPC/2019/0010
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CRIME
Judgment givenCase summary:Mr Ariste appeals against his conviction for armed robbery on the basis that it was unsafe because: i. He was denied access to legal representation during his detention, police questioning and at trial; ii. His confession was obtained by oppression and so should not be admitted as evidence; and iii. The Judge's directions to the jury in relation to the confession and evidence going to Mr Ariste's character were inadequate.
Last updated: 26 November 2025
JCPC/2021/0021
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PUBLIC LAW/HUMAN RIGHTS
Judgment givenCase summary:Was a policy that an applicant must be permanently disabled to access a welfare grant unlawful?
Last updated: 26 November 2025
JCPC/2021/0028
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COMMERCIAL
Judgment givenCase summary:Did the correct interpretation of a contract for the provision of telecommunications services and relevant tax legislation mean that payments under the contract should include Telephone Call Tax or not?
Last updated: 26 November 2025
JCPC/2020/0016
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PROCEDURE
Judgment givenCase summary:Did the Court of Appeal of Jamaica wrongly decide that Mr Finzi had no real prospect of successfully appealing against the summary determination of his claim?
Last updated: 26 November 2025
JCPC/2023/0016
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Judgment givenCase summary:Were the Court of Appeal wrong to decide that a law which fixed the term of those elected to local government applied to individuals who had been elected to local government before the creation of the law?
Last updated: 26 November 2025
JCPC/2021/0032
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BUSINESS, PROPERTY, WILLS, AND TRUSTS
Judgment givenCase summary:Was the Court of Appeal wrong to overturn the High Court's decision to reject a claim for rectification of a deed on the ground of common mistake?
Last updated: 26 November 2025
JCPC/2021/0007
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PRIVACY/INFORMATION
Judgment givenCase summary:Whether Article 917A of the Civil Code of Saint Lucia allows the importation of UK statute law into Saint Lucian law in relation to contracts, quasi-contracts and torts.
Last updated: 26 November 2025
JCPC/2021/0105
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CRIME
Judgment givenCase summary:(1) What test should the court apply when considering an application to extend time to bring an appeal against a criminal conviction and sentence? (2) Should the Court of Appeal have granted the appellant’s application for an extension of time for bringing his appeal?
Last updated: 26 November 2025
JCPC/2021/0010
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PROCEDURE
Judgment givenCase summary:Whether Article 16 of the Proceeds of Crime (Jersey Law) 1999 as modified by the Proceeds of Crime (Enforcement of Confiscation Orders) (Jersey) Regulations 2008, permits the Jersey courts to grant a saisie judiciare (a freezing order) in relation to property outside Jersey at least where the persons who can exercise the rights of ownership or control of that property are subject to the jurisdiction of the Jersey courts.Where the Jersey courts have made a saisie judiciaire over property subject to a mortgage, whether they can prevent the mortgagee assigning its interest under the mortgage and power of sale to a third party. Whether a state that makes a request for mutual legal assistance in criminal matters is deemed to waive state immunity when the Attorney General commences the proceedings and becomes an ordinary party to them such that a costs order can be made against it.What the legal situs is of the shares in a Jersey company. It is in dispute between the parties whether permission has been granted on this issue.
Last updated: 26 November 2025
JCPC/2020/0012
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PROCEDURE
Judgment givenCase summary:Whether Article 16 of the Proceeds of Crime (Jersey Law) 1999 as modified by the Proceeds of Crime (Enforcement of Confiscation Orders) (Jersey) Regulations 2008, permits the Jersey courts to grant a saisie judiciare (a freezing order) in relation to property outside Jersey at least where the persons who can exercise the rights of ownership or control of that property are subject to the jurisdiction of the Jersey courts.Where the Jersey courts have made a saisie judiciaire over property subject to a mortgage, whether they can prevent the mortgagee assigning its interest under the mortgage and power of sale to a third party. Whether a state that makes a request for mutual legal assistance in criminal matters is deemed to waive state immunity when the Attorney General commences the proceedings and becomes an ordinary party to them such that a costs order can be made against itWhat the legal situs is of the shares in a Jersey company. It is in dispute between the parties whether permission has been granted on this issue.
Last updated: 26 November 2025
JCPC/2022/0036
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CONSTITUTIONS
Judgment givenCase summary:Were the Respondents lawfully entitled to detain the Appellant on the basis that they were arranging his deportation, and, if so, was 3 month a reasonable period? Did the Court of Appeal err in the assessment of damages and award of interest? Did the Court of Appeal err in its costs award?
Last updated: 26 November 2025
JCPC/2021/0046
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TORT
Judgment givenCase summary:Whether the Court of Appeal was correct in setting aside the trial judge’s finding that the Respondent was liable for the malicious prosecution of the Appellant.
Last updated: 26 November 2025
JCPC/2021/0041
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CRIME
Judgment givenCase summary:Whether the appellant’s sentence for wounding with intent was unlawful because it was determined in accordance with a statutory minimum.
Last updated: 26 November 2025
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