Case details

Forbes and others (Appellants) v Scotiabank (Bahamas) Ltd (Respondent) (Bahamas)

Case ID: JCPC 2019/0023

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

Case summary

Issue(s)

Whether the amount of damages awarded to the Appellants was correct.

Facts

The Appellants operated a fishing business through bank accounts maintained with the Respondent. The Respondent froze the Appellants’ business bank accounts, interrupting their fishing business for four years. The Appellants commenced proceedings in the Supreme Court of the Bahamas in respect of the loss and damage suffered as a result of the Respondent freezing their accounts. The parties reached a settlement on the issue of liability and the quantum of the majority of the Appellants’ heads of damage. The final head of damage, the Appellants’ claim for loss of revenue and profits, proceeded to an assessment of damages before the Supreme Court of the Bahamas. The parties adduced competing expert accounting evidence and the Supreme Court ultimately accepted the evidence of the Respondent’s expert, assessing the Appellants’ loss of revenue and profit in the amount of $89,072.46. The Appellants, having contended for damages in the amount of $3,139,780.50, appealed this assessment to the Court of Appeal of the Bahamas, arguing that the assessed damages were inordinately low and that the lower court had not had regard to how the Respondent’s expert evidence had been undermined on cross-examination. The Court of Appeal affirmed the lower court’s assessment of the damages due to the Appellants. The Appellants now appeal to the Judicial Committee of the Privy Council.

Parties

Appellant(s)
  1. Jerome Forbes
  2. North Andros Food Services Ltd (T/A North Andros Seafood)
  3. R&R Holdings Investment Company Ltd
Respondent(s)

Scotiabank (Bahamas) Ltd

Appeal

Justices

Lord Reed, Lord Kerr, Lady Black, Lady Arden, Lord Hamblen

Hearing start date

09 Mar 2020

Hearing finish date

09 Mar 2020