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882 Cases
JCPC/2024/0031
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NEGLIGENCE
Awaiting JudgmentCase summary:(1) Can claims for unliquidated damages exceeding $4,000 give rise to appeals to the JCPC as of right under section 23(1) of the Bahamas Court of Appeal Act (the “CA Act”)? (2) Does the rule in Rylands v Fletcher impose strict liability on a landowner and lessor who neither occupies the land, nor owns or controls the dangerous thing? (3) Is the storage of fuel underground a “non-natural use of land” for the purposes of the rule in Rylands v Fletcher?
Last updated: 14 October 2025
JCPC/2025/0015
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TAX
Appeal issuedCase summary:(1) Is an arrangement under which the appellant obtained insurance from an insurer who reinsured the risk with an entity related to the appellant, such that 95% of the premiums were ultimately received by that related entity, a transaction falling within the meaning of section 23 of the Income Tax Act, Chapter 435 (“ITA”)? (2) Is the appellant required to pay withholding tax on the premiums received by its related entity pursuant to section 66 of the ITA? (3) Are profits made by the appellant from hire-purchase agreements taxable at the time the agreements were entered into or upon receipt of the hirer’s instalments under section 9 of the ITA?
Last updated: 14 October 2025
JCPC/2025/0055
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COMMERCIAL
Appeal issuedCase 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: 14 October 2025
JCPC/2025/0055/A
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COMMERCIAL
Permission to Appeal application lodgedCase 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: 14 October 2025
JCPC/2024/0050
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COMMERCIAL
Awaiting JudgmentCase summary:Whether pleading a case solely on the basis of quantum meruit – and on the absence of a contract – precludes the award of damages for breach of contract (to the party pleading the quantum meruit case).
Last updated: 10 October 2025
JCPC/2025/0105
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BUSINESS, PROPERTY, WILLS, AND TRUSTS
Permission to Appeal application lodgedCase summary:Last updated: 10 October 2025
JCPC/2023/0102
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COURT PROCEDURE
Awaiting hearing dateCase summary:Last updated: 9 October 2025
JCPC/2024/0014
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BUSINESS, PROPERTY, WILLS, AND TRUSTS
Judgment givenCase summary:Did the delay between the hearing of evidence and the Supreme Court’s judgment (i) breach the Appellants’ right to a fair trial within a reasonable time or (ii) affect the judge’s ability to deal properly with the issues?
Last updated: 8 October 2025
JCPC/2023/0020
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CONSTITUTION
Judgment givenCase summary:Whether section 1 of the Constitution of Bermuda is independently and directly enforceable, and if so whether certain legislative measures contravened the Appellant's rights to protection of law and to protection from deprivation of property without compensation. In any event, whether those legislative measures contravened the rule of law and the separation of powers.
Last updated: 8 October 2025
JCPC/2025/0104
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Permission to Appeal application lodgedCase summary:Last updated: 8 October 2025
JCPC/2024/0043
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COMMERCIAL
Awaiting JudgmentCase 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: 8 October 2025
JCPC/2025/0103
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Appeal issuedCase summary:Last updated: 7 October 2025
JCPC/2025/0047
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BUSINESS, PROPERTY, WILLS, AND TRUSTS
Appeal issuedCase summary:Is there a binding agreement for the grant of a lease?
Last updated: 7 October 2025
JCPC/2025/0056
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CRIME
Permission to Appeal application lodgedCase summary:Is the fresh evidence admissible and, if so, should Mr McIntosh’s appeal against conviction be allowed?
Last updated: 7 October 2025
JCPC/2025/0102
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CRIME
Permission to Appeal application lodgedCase summary:Last updated: 7 October 2025
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