All cases
803 Cases
JCPC/2024/0022
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BUSINESS, PROPERTY, WILLS, AND TRUSTS
Hearing listedCase summary:(1) Is permission required by Rule 25, Privy Council Rules? (2) Does an exception to the double-actionability rule apply? (3) Under Georgian conflict-of-laws rules, does a Bermudan or Georgian limitation period apply? (4) Does the claim for fraudulent misrepresentation involve the same or substantially the same facts as the original claim, such that leave to amend to include that claim can be given? (5) To establish fraudulent misrepresentation, does a claimant need to prove that he or she was aware of and/or understood that an implied representation had been made?
Linked casesLast updated: 22 May 2025
JCPC/2024/0035
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BUSINESS, PROPERTY, WILLS, AND TRUSTS
Hearing listedCase summary:(1) Is permission required by Rule 25, Privy Council Rules? (2) Does an exception to the double-actionability rule apply? (3) Under Georgian conflict-of-laws rules, does a Bermudan or Georgian limitation period apply? (4) Does the claim for fraudulent misrepresentation involve the same or substantially the same facts as the original claim, such that leave to amend to include that claim can be given? (5) To establish fraudulent misrepresentation, does a claimant need to prove that he or she was aware of and/or understood that an implied representation had been made?
Linked casesLast updated: 22 May 2025
JCPC/2023/0077
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TORT
Hearing listedCase summary:Did the Court of Appeal err in upholding the trial judge’s determination that the Appellant had not established to the civil standard that his employer was liable in negligence and that there was no case to answer?
Last updated: 22 May 2025
JCPC/2024/0047
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PUBLIC LAW AND HUMAN RIGHTS
Hearing listedCase summary:Did the refusal by the Second Respondent to investigate the Appellant’s complaint of unfair dismissal by her employer, a charitable organisation, under the Labour Act (2021 Revision) breach her right to a fair hearing under section 7(1) of the Bill of Rights?
Last updated: 22 May 2025
JCPC/2024/0021
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EMPLOYMENT
Hearing listedCase summary:Did the Court of Appeal err in finding that s.93 of the Occupational Safety and Health Act Ch. 88:08 applied to OSHA’s complaint against UWI
Last updated: 22 May 2025
JCPC/2023/0089
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LANDLORD AND TENANT
Hearing listedCase summary:Did the Supreme Court of Mauritius err in concluding that the appellant’s grounds of appeal were not on points of law? Did the Fair Rent Tribunal err in accepting the evidence of the respondent’s valuer’s evidence? Did the Fair Rent Tribunal err by taking into account evidence of rental values from 2017?
Last updated: 22 May 2025
JCPC/2024/0045
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COURT PROCEDURE
Hearing listedCase summary:Was the Court of Appeal wrong to reduce the costs that the Appellant could recover from the Respondent? In particular, is there a general rule that brief fees for counsel are irrecoverable as costs in habeas corpus applications?
Last updated: 22 May 2025
JCPC/2024/0064
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BUSINESS, PROPERTY, WILLS, AND TRUSTS
Hearing listedCase summary:Under a 1975 agreement, was the Appellant entitled to purchase: (a) a 56.5 acre parcel of land; or (b) a parcel of land of a size yet to be confirmed?
Last updated: 22 May 2025
JCPC/2023/0091
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BUSINESS, PROPERTY, WILLS, AND TRUSTS
Hearing listedCase summary:Did the Court of Appeal err by disturbing the trial Judge’s share valuation methodology?
Last updated: 22 May 2025
JCPC/2023/0109
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PUBLIC LAW AND HUMAN RIGHTS
Hearing listedCase summary:In what circumstances are Commissioners to a Commission of Enquiry required to give notice to individuals that it intends to criticise them in its report?
Last updated: 22 May 2025
JCPC/2024/0020
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Hearing listedCase summary:Was the Appellant eligible for the position of acting Deputy Chief Fire Officer prior to and/or after August 2019, and by failing to consider him for the post did the First and Second Defendants: (i) act irrationally, illegally and/or unfairly; (ii) breach Regulation 155 of the Public Service Commission Regulations; (iii) breach the Appellant’s right to protection of the law under Section 4(b) of the Constitution, and consequently the Appellant’s right to procedural protection under Section 5(2)(h) of the Constitution; and, (iv) breach a legitimate expectation that he would be considered?
Last updated: 22 May 2025
JCPC/2024/0053
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ARBITRATION
Hearing listedCase summary:Whether arbitral award to be set aside for breach of natural justice.
Last updated: 22 May 2025
JCPC/2024/0015
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PUBLIC LAW AND HUMAN RIGHTS
Hearing listedCase summary:What is the meaning of the words “independent of the Government, Business and Labour” in the context of the appointment of the chairman of the National Insurance Board of Trinidad and Tobago under section 3(2)(d) of the National Insurance Act 1971?
Last updated: 22 May 2025
JCPC/2024/0040
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CRIME
Hearing listedCase summary:In what circumstances can a person make an application for redress under section 15 of the Bermuda Constitution in respect of an alleged breach of fundamental rights, where the breach complained of arises retrospectively following the decision of a court.
Last updated: 22 May 2025
JCPC/2024/0014
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BUSINESS, PROPERTY, WILLS, AND TRUSTS
Hearing listedCase summary:Did the delay between the hearing of evidence and the Supreme Court’s judgment (i) breach the Appellants’ right to a fair trial within a reasonable time or (ii) affect the judge’s ability to deal properly with the issues?
Last updated: 22 May 2025
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