Jamaica Public Service Company Limited (Appellant) v Greenwich Coffee Company Limited (Respondent) (Jamaica)

Permission to Appeal application lodged

Case summary
Permission to Appeal
Previous proceedings

Case summary

Case ID

JCPC/2026/0059

Jurisdiction

Jamaica

Parties

Appellant(s)

Jamaica Public Service Company Limited

Respondent(s)

Greenwich Coffee Company Limited

Issue

Was the Appellant under a regulatory obligation to investigate the cause of the fire on the Respondent’s premises? If so, does compliance with that obligation, along with the anticipation of litigation, mean that the investigation was conducted for a “dual purpose” such that the Appellant has failed to establish litigation privilege over any documents relating to the investigation?

Facts

On 29 June 2015, a fire occurred at the Respondent’s coffee estate, causing extensive damage which the Respondent alleges is the fault of the Appellant. On 6 July 2015, the Respondent submitted a compensation claim to the Appellant’s Claims and Insurance Department. Upon receipt of that claim, the Appellant commissioned an external investigation into the fire, which resulted in an investigative report (the “Investigative Report”). In 2018, the Respondent brought proceedings against the Appellant for damages on the basis of negligence and/or breach of statutory duty. In 2022, as part of those proceedings, the Respondent sought specific disclosure of the Investigative Report. The Appellant opposed this application, claiming that the Investigative Report was protected by litigation privilege. In the Supreme Court, the Appellant was ordered to disclose the Investigative Report and accompanying documents. The Court of Appeal dismissed the Appellant’s appeal and upheld the disclosure order. The Appellant now seeks special leave to appeal from the Judicial Committee.