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897 Cases
JCPC/2025/0106
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EMPLOYMENT
Permission to Appeal application lodgedCase 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: 3 December 2025
JCPC/2025/0051
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EXTRADITION
Permission to Appeal application lodgedCase summary:Can the appellant lawfully be extradited to the USA to be tried for drug-trafficking related offences?
Last updated: 3 December 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: 2 December 2025
JCPC/2025/0025
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CRIME
Permission to Appeal application lodgedCase summary:Was there a breach of the Appellant’s constitutional right to a fair hearing guaranteed under section 10(1) of the Constitution of Mauritius in the way that criminal proceedings concerning the Appellant were conducted?
Last updated: 2 December 2025
JCPC/2024/0043
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COMMERCIAL
Judgment givenCase summary:Is an unlicensed business able to enforce a loan contract and charge against the property of a borrower if they default on payment? Was the Court of Appeal entitled to refuse the appellant leave to appeal to the Judicial Committee on the basis that the appeal was devoid of merit and had no prospect of success, where otherwise the appellant would have an appeal as of right?
Last updated: 2 December 2025
JCPC/2025/0120
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Appeal issuedCase summary:Last updated: 1 December 2025
JCPC/2024/0063
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TAX
Judgment givenCase summary:Did the Supreme Court of Mauritius err in finding that, for the purposes of computing taxable profit arising from the sale of 93 plots following the parcelling of land, it was the value of the land ‘just before its development’, and not its historical cost at the date of acquisition, which should be taken into account pursuant to s.10(3) of the Income Tax Act 1995?
Last updated: 1 December 2025
JCPC/2024/0094
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BUSINESS, PROPERTY, WILLS, AND TRUSTS
Awaiting JudgmentCase summary:In exercising the Consent Powers, do the Protectors have the Wider Role or the Narrow Role?
Last updated: 28 November 2025
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/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
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