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940 Cases
JCPC/2022/0054
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TAX
Judgment givenCase summary:Should dividends paid by the appellant to its sole shareholder, incorporated in Barbados, be subject to withholding tax at a rate of 5% if identical amounts were subsequently transferred, ultimately, to a parent company incorporated in Canada?
Last updated: 24 April 2026
JCPC/2018/0108
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CRIME
Judgment givenCase summary:The main issues are: (i) whether the Court of Appeal wrongly considered only two out of Bastian's twelve grounds of appeal; (ii) whether the evidence was sufficient to convict Bastian; and (iii) whether Bastian was prejudiced by a joint trial, which presented the jury with evidence which was not admissible against him.
Last updated: 24 April 2026
JCPC/2025/0007
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COURT PROCEDURE
Awaiting JudgmentCase summary:Did the Court of Appeal err in striking out the Appellant’s appeal for want of prosecution and/or abuse of process?
Last updated: 23 April 2026
JCPC/2023/0006
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CONSTITUTIONS
Judgment givenCase summary:The Appellant challenges the First to Third Respondents' election to the National Assembly of Mauritius on the grounds of bribery, treating, and undue influence.
Last updated: 23 April 2026
JCPC/2022/0013
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EMPLOYMENT
Judgment givenCase summary:1) Whether the trial Judge erred in law when he: i. Admitted correspondence generated after payment of Mr Chang's salary had ceased as fresh evidence regarding the decision to retire Mr Chang; ii. Applied the presumption of regularity of decisions of public bodies to the decision to retire Mr Chang; iii. Failed to exercise his discretion to join the Public Service Commission to the case as a party. 2) Whether the Court of Appeal erred in considering matters in the case relating to the early retirement of Mr Chang under Chapter 23 of the Pensions Act, without having ruled on the lawfulness of the Public Service Commission's decision to retire Mr Chang. 3) Whether the Court of Appeal erred in law by failing to join the Public Service Commission to the case as a party. 4) Whether the Court of Appeal erred in failing to give effect to Section 121 of the Constitution of Trinidad and Tobago (governing the appointment of individuals to the Public Service Commission and tenure of their offices) and/or the JCPC decision in Endell Thomas v Attorney General of Trinidad and Tobago [1982] AC 113 relating to the removal of a public sector employee from office.
Last updated: 23 April 2026
JCPC/2021/0085
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PROCEDURE
Judgment givenCase summary:Was the Court of Appeal wrong to: 1. Find that the trial judge had plainly gone wrong, in the exercise of her discretion, in departing from the general rule under Civil Proceedings Rules ("CPR") 38.7(1) and 67.5(2)(b)(ii) that costs be awarded on the prescribed scale? 2. Set aside the trial judge's costs order and order the judge to stipulate the value of the claim for the purposes of awarding prescribed costs?
Last updated: 23 April 2026
JCPC/2025/0116
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ARBITRATION
Hearing listedCase summary:Whether the recognition and enforcement of an arbitral award, insofar as it seeks to award third-party litigation costs incurred pursuant to a litigation funding agreement, is contrary to the public policy of Mauritius within the meaning of Article V(2)(b) of the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958) as enacted.
Last updated: 23 April 2026
JCPC/2024/0075
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EMPLOYMENT
Judgment givenCase summary:Did an attorney’s conduct of refunding the deposit in full solely to a co-client as co-purchaser following the cancellation of a sale agreement amount to a breach of Canon IV(s) of the Legal Profession (Canons of Professional Ethics) Rules 1978? If so, what is the appropriate sanction and what rules of due process apply to disciplinary proceedings?
Last updated: 23 April 2026
JCPC/2023/0067
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PUBLIC LAW AND HUMAN RIGHTS
Judgment scheduledCase summary:(i) Was the Court of Appeal wrong because it did not overturn the decision of the trial judge to strike out Mr Hosein’s constitutional claim on the basis of various factors, in particular the availability of a parallel remedy and the delay in bringing proceedings? (ii) Was the Court of Appeal wrong to conclude there was no evidence of apparent bias on the part of the trial judge?
Last updated: 23 April 2026
JCPC/2023/0103
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CRIME
Judgment scheduledCase summary:Did the Court of Appeal err in its interpretation of the Civil Asset Recovery and Management and Unexplained Wealth Act No.8 of 2019 (the “Act”) in finding that the Preliminary Unexplained Wealth Order (“PUWO”) originally imposed under that Act and then set aside by the High Court could be reinstated, including as against the Estate of Sheldon Spring?
Last updated: 23 April 2026
JCPC/2024/0040
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CRIME
Judgment scheduledCase summary:In what circumstances can a person make an application for redress under section 15 of the Bermuda Constitution in respect of an alleged breach of fundamental rights, where the breach complained of arises retrospectively following the decision of a court.
Last updated: 23 April 2026
JCPC/2025/0070
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INSOLVENCY
Hearing listedCase summary:Did the Court of Appeal err in dismissing the application on the basis that the sole director of the company failed to provide evidence that he was authorised to represent the company in proceedings?
Last updated: 22 April 2026
JCPC/2025/0083
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CONSTITUTION
Hearing listedCase summary:Has the Attorney General of Trinidad and Tobago breached the constitutional rights of the appellant as a victim of crime, by failing to prosecute the individual accused of assaulting her within a reasonable period of time?
Last updated: 22 April 2026
JCPC/2025/0082
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COURT PROCEDURE
Case closedCase summary:Whether a state attorney can act on behalf of a public authority without express instructions.
Last updated: 22 April 2026
JCPC/2026/0017
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INSOLVENCY
Appeal issuedCase summary:(1) Was the Court of Appeal wrong to hold that the loss to an insolvent company caused by preferential payments made to a creditor includes the loss suffered by its general body of creditors? (2) Was the Court of Appeal wrong to order the director of the company to pay equitable compensation for such loss, in circumstances where the director had not obtained any profits by the breach of their fiduciary duty? (3) Was the Court of Appeal wrong to award pre-judgment interest at 5% per annum running from 29 November 2009?
Last updated: 22 April 2026
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