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949 Cases
JCPC/2022/0071
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CRIME
Judgment givenCase summary:(1) Were grounds of appeal given to prison authorities by an inmate filed in compliance with the Judicature (Parish Court) Act? (2) Should the appeal court have allowed an appeal to be heard, even if it was out of time, given the circumstances of the case and the rights guaranteed by the Constitution of Jamaica? (3) Should the appeal court have quashed Mr Morgan's conviction given the circumstances of the case and the Privy Council's guidance in Melanie Tapper v Director of Public Prosecutions [2012] UKPC 26 on remedies?
Last updated: 14 May 2026
JCPC/2022/0075
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ARBITRATION
Judgment givenCase summary:Did the court a quo err in annulling a final arbitral award rendered by a sole arbitrator?
Last updated: 14 May 2026
JCPC/2025/0044
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INSOLVENCY
Judgment givenCase summary:Did the Court of Appeal err (1) by concluding that the Bankruptcy Division of the Supreme Court of Mauritius lacked jurisdiction to grant leave for the Appellant to continue the Plaint as a derivative claim in the name and on behalf of the Respondent; (2) by holding that the application could not be granted ex parte; and (3) if the application could be granted ex parte, by failing to consider that no prejudice was thereby caused to the Respondent?
Linked casesLast updated: 14 May 2026
JCPC/2025/0043
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INSOLVENCY
Judgment givenCase summary:Did the Court of Appeal err (1) by concluding that the Commercial Division of the Supreme Court of Mauritius had granted the Appellant leave under section 154(1)(c) of the Insolvency Act to continue the Plaint in the name and on behalf of the Respondent; and (2) by failing to treat the application as one to enable the Appellant to apply under the Court’s inherent jurisdiction and section 174(3)(a) of the Insolvency Act for leave to continue the Plaint as a derivative claim?
Linked casesLast updated: 14 May 2026
JCPC/2026/0020
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PUBLIC LAW AND HUMAN RIGHTS
Permission to Appeal application lodgedCase summary:Can an appellate court make findings of fact, evaluative judgments, and proportionality assessments for itself under article 6 of the European Convention on Human Rights (“ECHR”)? Was article 6 ECHR breached in this case by delay and/or apparent bias? What is the correct approach to be applied by a court and a regulator in determining whether an individual is a “fit and proper person” to perform regulated functions?
Linked casesLast updated: 13 May 2026
JCPC/2025/0120
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TORT
Appeal issuedCase summary:Did the trial judge and/or the Court of Appeal err in respect of the appellant’s claim for continued (unlawful) detention? Did the Court of Appeal err in finding that the trial judge had made no material error of law in rejecting the appellant’s claim for assault and battery?
Last updated: 13 May 2026
JCPC/2026/0025
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CONSTITUTION
Appeal issuedCase summary:Is a written judgment delivered by a retired Justice after leaving office as a Justice of the Supreme Court of the Bahamas valid?
Last updated: 13 May 2026
JCPC/2026/0016
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PUBLIC LAW AND HUMAN RIGHTS
Permission to Appeal application lodgedCase summary:Can an appellate court make findings of fact, evaluative judgments, and proportionality assessments for itself under article 6 of the European Convention on Human Rights (“ECHR”)? Was article 6 ECHR breached in this case by delay and/or apparent bias? What is the correct approach to be applied by a court and a regulator in determining whether an individual is a “fit and proper person” to perform regulated functions?
Linked casesLast updated: 13 May 2026
JCPC/2021/0027
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COMMERCIAL
Judgment givenCase summary:Whether the Respondent was able to recover a 'quantum meruit' by a claim in unjust enrichment for works completed under a void contract for construction work.
Last updated: 12 May 2026
JCPC/2020/0090
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CRIME
Judgment givenCase summary:Should the Appellant's sentence of 50 years imprisonment for an offence of manslaughter be quashed?
Last updated: 12 May 2026
JCPC/2021/0060
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BUSINESS, PROPERTY, WILLS, AND TRUSTS
Judgment givenCase summary:Whether the Appellant possesses a right of way over the land owned by the estate administered by the Respondent.
Last updated: 12 May 2026
JCPC/2022/0064
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BUSINESS, PROPERTY, WILLS, AND TRUSTS
Judgment givenCase summary:(1) What is the legal effect of the Appellants' failure to claim the Surveyed Land during the Land Registration and Titling Project in Saint Lucia in mid-1987 on the Appellants' claim to overriding interests under sections 23 and 28 of the Land Registration Act 1984 (the "LRA")? (2) Is the period before first registration required to be ignored for the purposes of identifying an overriding interest under section 28(f) of the LRA? (3) Ought the Court of Appeal have held that the Respondent acquired Parcel 1020B 227 subject to the Appellants' right to defend a possession claim because the Appellants had an overriding interest under section 28(f) of the LRA because they had "rights acquired or in the process of being acquired by virtue of any law relating to the limitation of actions or by prescription" as at the date of first registration. (4) Are, on the basis of the Court of Appeal's findings of fact, the Appellants entitled to a declaration that they had a positive prescription right to the Surveyed Land based on at least 30 years' occupation? (5) Whether the Appellants' counterclaim should be remitted and the relief and costs ordered against them set aside?
Last updated: 11 May 2026
JCPC/2021/0099
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CONSTITUTIONS
Judgment givenCase summary:Whether the law of sedition in Trinidad and Tobago imposes disproportionate and unjustified restrictions on, inter alia, free speech, including freedom of thought and expression and the freedom to express political views, so as to render it unconstitutional - what amounts to "an existing law" in the general savings clause in section 6(1) of the Constitution of Trinidad and Tobago.
Last updated: 11 May 2026
JCPC/2022/0057
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PUBLIC LAW/HUMAN RIGHTS
Judgment givenCase summary:In respect of a claim of malicious prosecution, did the Court of Appeal err in holding that the High Court was entitled to find that the Appellant had failed to lead the evidence necessary to establish: (a) that the prosecution of the Appellant had been instituted without reasonable and probable cause; and (b) that the prosecution was actuated by malice?
Last updated: 11 May 2026
JCPC/2021/0016
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CRIME
Judgment givenCase summary:(1) Whether a charge of conspiracy to murder can lawfully be pursued against a single defendant where those charges were discontinued against the alleged co-conspirators before her trial; (2) Whether the Appellant in this case ought to have been entitled to rely on the defence of duress: (i) Whether a person who is coerced into joining a conspiracy can be said to have been party to the necessary agreement; (ii) Whether the defence of duress applies to conspiracy to murder; (iii) Whether the defence of duress arises in the Appellant's case sufficiently to render her conviction unsafe. (3) Whether the Appellant's custodial sentence (35 years) is wrong in principle or law or unduly severe.
Last updated: 11 May 2026
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