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917 Cases
JCPC/2025/0055
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COMMERCIAL
Appeal DismissedCase summary:Did the judge err in ordering HSBC to repay to Bettas the funds in its HSBC account together with both: (i) interest (to be assessed if not agreed) from the commencement of proceedings in 2011 until the date of judgment; and (ii) statutory interest from the date of judgment until the date of payment? Did the Court of Appeal err in setting aside the judge’s costs order?
Linked casesLast updated: 5 February 2026
JCPC/2025/0065/A
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NEGLIGENCE
Permission to Appeal application lodgedCase summary:These appeals concern allegations of clinical negligence following Aeden’s birth. The issues raised for the JCPC’s consideration all concern findings of fact in relation to the cause of Aeden’s cerebral palsy. In Dr Abdulla’s appeal (JCPC/2025/0063), and in Surgi-Med Clinic Co Ltd’s cross-appeal (JCPC/2025/0065/A) (1) Was the Court of Appeal wrong to reverse the High Court’s finding of fact as to the timing of Dr Abdulla’s arrival? (2) Was the Court of Appeal wrong to find that causation was inevitably proved against Dr Abdulla, if it was proved that he arrived at 4am? In Aeden Balwah’s appeal (JCPC/2025/0065) (1) Was the Court of Appeal wrong to uphold the High Court’s finding that it had not been proved that Surgi-Med Clinic Co Ltd’s breach of duty caused Aeden Balwah’s cerebral palsy?
Linked casesLast updated: 5 February 2026
JCPC/2025/0065
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NEGLIGENCE
Hearing listedCase summary:These appeals concern allegations of clinical negligence following Aeden’s birth. The issues raised for the JCPC’s consideration all concern findings of fact in relation to the cause of Aeden’s cerebral palsy. In Dr Abdulla’s appeal (JCPC/2025/0063), and in Surgi-Med Clinic Co Ltd’s cross-appeal (JCPC/2025/0065/A) (1) Was the Court of Appeal wrong to reverse the High Court’s finding of fact as to the timing of Dr Abdulla’s arrival? (2) Was the Court of Appeal wrong to find that causation was inevitably proved against Dr Abdulla, if it was proved that he arrived at 4am? In Aeden Balwah’s appeal (JCPC/2025/0065) (1) Was the Court of Appeal wrong to uphold the High Court’s finding that it had not been proved that Surgi-Med Clinic Co Ltd’s breach of duty caused Aeden Balwah’s cerebral palsy?
Linked casesLast updated: 5 February 2026
JCPC/2025/0063
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NEGLIGENCE
Permission to Appeal grantedCase summary:These appeals concern allegations of clinical negligence following Aeden’s birth. The issues raised for the JCPC’s consideration all concern findings of fact in relation to the cause of Aeden’s cerebral palsy. In Dr Abdulla’s appeal (JCPC/2025/0063), and in Surgi-Med Clinic Co Ltd’s cross-appeal (JCPC/2025/0065/A) (1) Was the Court of Appeal wrong to reverse the High Court’s finding of fact as to the timing of Dr Abdulla’s arrival? (2) Was the Court of Appeal wrong to find that causation was inevitably proved against Dr Abdulla, if it was proved that he arrived at 4am? In Aeden Balwah’s appeal (JCPC/2025/0065) (1) Was the Court of Appeal wrong to uphold the High Court’s finding that it had not been proved that Surgi-Med Clinic Co Ltd’s breach of duty caused Aeden Balwah’s cerebral palsy?
Linked casesLast updated: 5 February 2026
JCPC/2025/0106
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EMPLOYMENT
Permission to Appeal refusedCase summary:Substantive questions (1) Was the Gibraltar Employment Tribunal right to find on the facts that Mr Van Thienen had not been unfairly dismissed, bullied, or discriminated against? (2) Did the Supreme Court of Gibraltar and Court of Appeal for Gibraltar err or act improperly in not overturning the Employment Tribunal’s decision? Procedural questions (3) Mr Van Thienan was entitled to appeal by right to the Privy Council. However, he did not file an appeal motion within the prescribed twenty-one-day period. Did the Court of Appeal for Gibraltar have discretion to waive this delay and grant Mr Van Thienan leave to appeal to the Privy Council? (4) If the Court of Appeal for Gibraltar did have such discretion, should it have exercised it?
Last updated: 5 February 2026
JCPC/2025/0055/A
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COMMERCIAL
Permission to Appeal refusedCase summary:Did the judge err in ordering HSBC to repay to Bettas the funds in its HSBC account together with both: (i) interest (to be assessed if not agreed) from the commencement of proceedings in 2011 until the date of judgment; and (ii) statutory interest from the date of judgment until the date of payment? Did the Court of Appeal err in setting aside the judge’s costs order?
Linked casesLast updated: 5 February 2026
JCPC/2025/0105
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BUSINESS, PROPERTY, WILLS, AND TRUSTS
Permission to Appeal refusedCase summary:Should orders relating to (i) the removal of a trustee, (ii) protective relief for a beneficiary, and (iii) the sealing of the court’s file in relation to a trust have been stayed or refused pending the determination of appeals of those orders?
Last updated: 5 February 2026
JCPC/2025/0093
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CRIME
Permission to Appeal refusedCase summary:Does the Court of Appeal of Jamaica have jurisdiction to hear a second appeal against the decision to refuse or revoke bail, in circumstances where the initial decision was made by a Judge of the Parish Court, and has already been appealed (unsuccessfully) to a Judge of the Supreme Court?
Last updated: 5 February 2026
JCPC/2025/0045
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PUBLIC LAW AND HUMAN RIGHTS
Permission to Appeal refusedCase 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: 5 February 2026
JCPC/2025/0037
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COURT PROCEDURE
Permission to Appeal refusedCase summary:Did the Master err in fact and/or in law in dismissing BONI’s application to set aside the default judgment in favour of Selecta? Did the Eastern Caribbean Court of Appeal err in fact and/or in law in dismissing BONI’s appeal against the Master’s order?
Last updated: 5 February 2026
JCPC/2024/0075
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EMPLOYMENT
Hearing listedCase 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: 4 February 2026
JCPC/2023/0077
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TORT
Judgment scheduledCase summary: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?
Last updated: 4 February 2026
JCPC/2025/0018
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EMPLOYMENT
Hearing listedCase summary:(1) For the purpose of calculating the severance allowance, did the Court of Appeal err in overturning the first instance finding of fact that there had been a break in Mr Appadoo’s employment between 24 November 2012 and 24 December 2012? (2) What rate of interest, if any, should be awarded on Mr Appadoo’s severance allowance?
Linked casesLast updated: 4 February 2026
JCPC/2024/0069
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CONSTITUTION
Hearing listedCase summary:Did the Court of Appeal err in holding that a claim for judicial review was available to the Respondent and that the statutory scheme governing disciplinary proceedings did not provide an effective alternative remedy for her jurisdictional complaint?
Last updated: 4 February 2026
JCPC/2025/0007
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COURT PROCEDURE
Hearing listedCase 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: 4 February 2026
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