Current cases

Current cases

Cases only appear here a few weeks before the appeal is due to be heard by the JCPC.

The Current cases table below can be sorted either in ascending or descending order by clicking on the following title headings:

  • Case ID
  • Case name
  • Jurisdiction

Current cases can also be found by using the search engine below:

Current cases
Case ID Case name Jurisdiction Case summary - Issue
JCPC 2022/0109 Ramsbury Properties Ltd (Appellant) v Oceanview Construction Ltd (Respondent) (St Christopher and Nevis) Court of Appeal of St Christopher and Nevis Whether the appellant complied with the terms of the lease between the parties.
JCPC 2020/0078 Frederick Donowa and 3 others (Appellants) v Donridge Heights Ltd (Respondent) (Trinidad and Tobago) Court of Appeal of the Republic of Trinidad and Tobago Whether the relevant contract was one between a principal and agent or a contract of sale and resale? If the contract was between a principal and agent, did the agent exceed its authority when it entered into various agreements to sell certain land? If the agent did exceed its authority, were the agent's actions ratified by the principals?
JCPC 2022/0084 Claude Gerald (Appellant) v Herman Sergeant and another (Respondents) (Montserrat) Court of Appeal of the Eastern Caribbean Supreme Court (Montserrat)
  1. Was the Appellant's constitutional right to freedom of expression contravened?
  2. If there was an unconstitutional contravention of the Appellant's right to freedom of expression, what remedies is he entitled to?
JCPC 2023/0010 Ervin Dean (Appellant) v Bahamas Power & Light (Respondent) (Bahamas) Court of Appeal of the Commonwealth of the Bahamas [To be added in due course]
JCPC 2023/0031 Estate Management and Business Development Company Ltd (Appellant) v Junior Sammy Contractors Ltd (Respondent) (Trinidad and Tobago) Court of Appeal of the Republic of Trinidad and Tobago [To be added in due course]
JCPC 2023/0007 Director of Public Prosecutions (Appellant) v Chris Durham also called Bouye (deceased) and 2 others (Respondents) (Trinidad and Tobago) Court of Appeal of the Republic of Trinidad and Tobago Did the Court of Appeal err in:
  1. failing to apply the established case law & principles in relation to the Respondent's challenge of the DPP's decision to continue the prosecution and/or in relation to whether the criminal trial judge had sufficient and appropriate tools to deal with the Respondents' complaints;
  2. concluding that the DPP's decision to allow the criminal trial process to deal with the Respondent's complaints was so exceptional as to be reviewable on the grounds of irrationality and/or abuse of process;
  3. concluding that it was unnecessary to the High Court's reasoning to make a finding that the DPP's sole eyewitness had committed perjury; and
  4. concluding that the High Court was correct to have granted leave for judicial review.
JCPC 2023/0042 Louis Andrew Monteil (Appellant) v Board of Inland Revenue (Respondent) (Trinidad and Tobago) Court of Appeal of the Republic of Trinidad and Tobago [To be added in due course]
JCPC 2023/0040 Inderjit Kaur Chhina (Appellant) v Muhammad Nazir Muhammad Ismail and another (Respondents) (British Virgin Islands) Court of Appeal of the Eastern Caribbean Supreme Court (British Virgin Islands) Whether an appeal to the Privy Council lies as of right or only with leave in relation to an order striking out an appeal for want of due prosecution and refusing an application for extending time. Relatedly, is an order striking out an appeal for want of due prosecution and refusing an application for extending time a final or an interlocutory order?
JCPC 2022/0054 Methanex Trinidad (Titan) Unlimited (Appellant) v The Board of Inland Revenue (Respondent) (Trinidad and Tobago) Court of Appeal of the Republic of Trinidad and Tobago [To be added in due course]
JCPC 2018/0108 Anton Bastian (Appellant) v The King (Respondent) (Bahamas) Court of Appeal of the Commonwealth of the Bahamas The main issues are: (i) whether the Court of Appeal wrongly considered only two out of Bastian's twelve grounds of appeal; (ii) whether the evidence was sufficient to convict Bastian; and (iii) whether Bastian was prejudiced by a joint trial, which presented the jury with evidence which was not admissible against him.
JCPC 2023/0044 RAV Bahamas Ltd (Respondent) v Great Lakes Reinsurance (UK) PLC (as Subrogee of Modrono's Bimini Place Ltd) (Appellant) (Bahamas) Court of Appeal of the Commonwealth of the Bahamas [To be added in due course]
JCPC 2022/0050 Zachary Da Silva (Appellant) v Licensing Authority of Trinidad & Tobago and another (Respondents) (Trinidad and Tobago) Court of Appeal of the Republic of Trinidad and Tobago [To be added in due course]
JCPC 2023/0055 Sian Participation Corp (In Liquidation) (Appellant) v Halimeda International Ltd (Respondent) (Virgin Islands) Court of Appeal of the Eastern Caribbean Supreme Court (British Virgin Islands) [To be added in due course]
JCPC 2023/0002 Tianrui (International) Holding Company Ltd (Appellant) v China Shanshui Cement Group Ltd (Respondent) (Cayman Islands) Court of Appeal of the Cayman Islands Whether a minority shareholder has standing to bring a personal claim against a company where the board of directors of that company had allegedly exercised their powers to issue and allot shares for the improper purpose of diluting the shareholding of the minority shareholder.
JCPC 2023/0070 Eco-Sud and two others (Respondents) v Minister of Environment, Solid Waste and Climate Change and another (Appellants) (Mauritius) Supreme Court of Mauritius [To be added in due course]
JCPC 2022/0043 The Special Tribunal (Appellant) v The Estate Police Association (Respondent) (Trinidad and Tobago) Court of Appeal of the Republic of Trinidad and Tobago [To be added in due course]
JCPC 2021/0114 All Saints Spring Park Parochial Church Council v the Church Schemes of the Church Commissioners under Pastoral Measure 1983 Whether, when deciding that a scheme for the dissolution and division of a parish in the Diocese of Southwark should proceed, the Church Commissioners wrongly:
(i) failed to consider whether the scheme gave rise to indirect discrimination, contrary to articles 8 and 9 of the Convention, read with article 14, insofar as the scheme would deprive a BAME-majority congregation of a BAME-led ministry;
(ii) failed to have due regard to the public sector equality duty under section 149 of the Equality Act 2010;
(iii) failed to consider the relevance of race inequality to the scheme's purpose, namely to make better provision for "the cure of souls"; and
(iv) wrongly used the scheme to penalise the incumbent reverend for perceived mismanagement.
JCPC 2021/0109 Candace Hoyte (Appellant) v The Strategic Services Agency and another (Respondents) (Trinidad and Tobago) Court of Appeal of the Republic of Trinidad and Tobago Under the Strategic Services Agency Act, Chapter 15:06 of the Laws of Trinidad and Tobago (the "SSA Act"), is the Strategic Services Agency (the "SSA") a legal person capable of being sued in tort?
JCPC 2022/0022 Darren Singh (Appellant) v LMCS Ltd (Respondent) (Trinidad and Tobago) Court of Appeal of the Republic of Trinidad and Tobago Should the Court of Appeal ("CA") have reversed the trial judge's finding of primary fact on the basis that: (i) there was no evidence to support the judge's conclusions; and/or (ii) the judge's conclusions were based on a misunderstanding of the evidence; and/or (iii) no reasonable judge could have reached the judge's conclusions?
JCPC 2022/0083 General Legal Council (Appellant) v Michael Lorne (Respondent) (Jamaica) Court of Appeal of Jamaica (1) Whether the sanction imposed by the Disciplinary Committee of The General Legal Council, striking the Respondent from the Roll of Attorneys-at-Law entitled to practice law in Jamaica, was an error of law or clearly inappropriate so as to warrant the intervention of the Court of Appeal in setting aside the order and imposing less severe sanctions.
(2) Whether in the circumstances of the case, the Court of Appeal ought to have deferred to the decision of the Disciplinary Committee.
JCPC 2022/0049 Shawn Campbell and 3 others (Appellants) v The King (Respondent) No 2 (Jamaica) Court of Appeal of Jamaica [To be added in due course]
JCPC 2021/0044 Caribbean Welding Supplies Ltd (Appellant) v Attorney General of Trinidad and Tobago (Respondent) (Trinidad and Tobago) Court of Appeal of the Republic of Trinidad and Tobago Did the Court of Appeal ("CA") err in upholding the trial judge's decision that the Appellant was not entitled to damages for loss of use for its excavator in addition to general and aggravated damages? ("Issue 1")
Did the CA err in law by invoking the provisions of section 39 of the Supreme Court of Judicature Act Chap 4:01 in ordering the Appellant to return the excavator to the Appellant? ("Issue 2")
Did the CA err in ordering the Appellant to pay the Respondent's costs of the appeal as provided for in Part 67.14 CPR as the appeal was on a limited issue of loss of use only, whereas the costs ordered in the High Court was on the value of the entire claim (which was not appealed)? ("Issue 3")
JCPC 2022/0044 Katra Holdings Ltd (Appellant) v Standard Chartered Bank (Mauritius) Ltd (Respondent) (Mauritius) Supreme Court of Mauritius Whether the Court of Appeal erred in upholding the Judge's decision: (i) that there was no genuine and substantial dispute in relation to the debt allegedly owed to the Respondent; (ii) that the Respondent was empowered to serve a statutory demand whilst holding security; (iii) to order the winding-up of the Appellant; and (iv) to refuse the motion of the Appellant to adduce fresh evidence in the appeal hearing.
JCPC 2020/0027 Mohamad Jiaved Ruhumatally (Appellant) v The State and another (Respondents) (Mauritius) Supreme Court of Mauritius Whether the conviction was unsafe and a serious miscarriage of justice as a result of:
  1. The alleged failings of the Judge in his summing up;
  2. Alleged breaches of section 10(1) of the Constitution which protects the right to a fair hearing;
  3. Certain evidence given by witnesses not under oath;
  4. The alleged errors made by the Judge when directing the jury in relation to R v Jogee [2016] UKSC 8;
  5. An alleged breach of principles of equality and fairness in section 1 of the Constitution by virtue of the way the Appellant was charged in comparison with his co-Defendants.
Whether the Appellant received an adequate reduction in the length of sentence in light of the breach of his constitutional right to a trail within a reasonable time.
JCPC 2022/0073
JCPC 2022/0074
Mauritius Telecom Ltd and 3 others (Respondents) v Emtel Ltd (Appellant) (Mauritius) Mauritius Telecom Ltd and 3 others (Respondents) v Emtel Ltd (Appellant) No 2 (Mauritius) Supreme Court of Mauritius Whether Mauritius Telecom and Cellplus are liable for acts of alleged unfair competition for breaches of (i) the conditions of Cellplus' mobile phone services licence for operations in Mauritius and (ii) conducting a mobile phone services business prior to the issue of this licence.
Whether the Information and Communication Technologies Authority is jointly liable for tolerating these breaches or whether it cannot be held liable in tort as it has no distinct legal personality.
JCPC 2022/0092 Republic of Kazakhstan (Appellant) v Terra Raf Trans Trading Ltd (Respondent) (Gibraltar) Court of Appeal for Gibraltar Are costs orders made by the English High Court in relation to proceedings to enforce a foreign arbitral award registrable in Gibraltar?
JCPC 2021/0060 Joseph W Horsford (as Administrator of the Estate of William Horsford, deceased) (Respondent) v Geoffrey Croft (Appellant) (Antigua and Barbuda) Court of Appeal of the Eastern Caribbean Supreme Court (Antigua and Barbuda) Whether the Appellant possesses a right of way over the land of the Respondent.
JCPC 2021/0068 PIC Insurance Company Ltd (Appellant) v Zona Barthley and another (Personal Representatives of the Estate of Dr Rolston Barthley, Deceased) (Respondents) (Antigua and Barbuda) Court of Appeal of the Eastern Caribbean Supreme Court (Antigua and Barbuda) (1) - (2) Was the Court of Appeal correct to accept as proper the findings of fact made by the judge? Can the concurrent findings be reversed? (3) - (5) Was the Court of Appeal correct in its findings under the Companies Act 1995?
JCPC 2018/0102 Smith (Appellant) v Royal College of Veterinary Surgeons (Respondent) The Disciplinary Committee of the Royal College of Veterinary Surgeons (1) Whether it was disproportionate and excessive for the Disciplinary Committee of the Royal College of Veterinary Surgeons (the "Disciplinary Committee") to have directed that the appellant's name be removed from the Register of Veterinary Surgeons.
JCPC 2019/0023 Forbes and others (Appellants) v Scotiabank (Bahamas) Ltd (Respondent) (Bahamas) The Court of Appeal of the Commonwealth of the Bahamas Whether the amount of damages awarded to the Appellants was correct.