Case details

Fund Haven Limited (Appellant) and another v The Executive Director of the Securities Commission of the Bahamas (Respondent) (Bahamas)

Case ID: JCPC 2017/0024

Jurisdiction: The Court of Appeal of the Commonwealth of the Bahamas

Case summary

Issue(s)

Whether the Court of Appeal erred in declining to certify the appellants’ application for permission to appeal under section 21(1) of the Court of Appeal Act as raising a point of law of general public importance.

Facts

On 29 March 2011, the appellants were found guilty and fined in respect of several regulatory breaches. Pursuant to the Rules of the Supreme Court the appellants appealed to the Supreme Court which, on 6 January 2012, upheld the Committee’s finding of guilt but reduced the fine by roughly one-third, being satisfied that breaches had been made out for only two of the three years. The appellants sought leave to appeal the decision of the Supreme Court out of time by filing a Notice of Motion on 7 October 2013.

Section 21(1) of the Court of Appeal Act requires that a person may only appeal a judgment, order or sentence given by the Supreme Court on a ground of appeal which involves a point of law alone and which has been certified by the court as being a point of law of general public importance. At the first hearing for application for leave, the Court of Appeal dismissed the application as the appellants did not have the necessary certificate from the court below, and suggested that the appellants re-file it with a certificate.

On 2 October 2013, the appellants applied to the court below to certify their appeal. The Court of Appeal deemed the certificate which had been issued unsatisfactory and agreed to consider for itself whether the appeal should be certified under section 21(1).

Parties

Appellant(s)

Fund Haven Limited

Respondent(s)

The Executive Director of the Securities Commission of the Bahamas

Appeal

Justices

Lord Hodge, Lord Wilson, Lord Briggs, Lord Sales, Lord Hamblen

Hearing start date

TBC

Hearing finish date

TBC