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:
| Case ID | Case name | Jurisdiction | Case summary | Details |
|---|---|---|---|---|
| JCPC 2021/0085 | Rollin Clifton Bertrand and 2 others (Respondents) v Anthony Elias (Appellant) (Trinidad and Tobago) | Court of Appeal of the Republic of Trinidad and Tobago |
Was the Court of Appeal wrong to: 1. Find that the trial judge had plainly gone wrong, in the exercise of her discretion, in departing from the general rule under Civil Proceedings Rules ("CPR") 38.7(1) and 67.5(2)(b)(ii) that costs be awarded on the prescribed scale? 2. Set aside the trial judge's costs order and order the judge to stipulate the value of the claim for the purposes of awarding prescribed costs? |
Full case details |
| JCPC 2022/0013 | Harold Chang (Appellant) v The Hospital Administrator and 2 others (Respondents) (Trinidad and Tobago) | Court of Appeal of the Republic of Trinidad and Tobago |
1) Whether the trial Judge erred in law when he: i. Admitted correspondence generated after payment of Mr Chang's salary had ceased as fresh evidence regarding the decision to retire Mr Chang; ii. Applied the presumption of regularity of decisions of public bodies to the decision to retire Mr Chang; iii. Failed to exercise his discretion to join the Public Service Commission to the case as a party. 2) Whether the Court of Appeal erred in considering matters in the case relating to the early retirement of Mr Chang under Chapter 23 of the Pensions Act, without having ruled on the lawfulness of the Public Service Commission's decision to retire Mr Chang. 3) Whether the Court of Appeal erred in law by failing to join the Public Service Commission to the case as a party. 4) Whether the Court of Appeal erred in failing to give effect to Section 121 of the Constitution of Trinidad and Tobago (governing the appointment of individuals to the public Service Commission and tenure of their offices) and/or the JCPC decision in Endell Thomas v Attorney General of Trinidad and Tobago [1982] AC 113 relating to the removal of a public sector employee from office. |
Full case details |
| JCPC 2023/0006 | Surendra Dayal (Appellant) v Pravind Kumar Jugnauth and 7 others (Respondents) (Mauritius) | Supreme Court of Mauritius | The Appellant challenges the First to Third Respondents' election to the National Assembly of Mauritius on the grounds of bribery, treating, and undue influence. | Full case details |
| JCPC 2022/0023 | Michel Lafresiere (Respondent) v New Mauritius Hotels Ltd (Appellant) (Mauritius) | Supreme Court of Mauritius | Whether the Supreme Court of Mauritius were correct to overturn the Industrial Court's decision that the Appellant had not wrongly and unjustifiably terminated the Respondent's employment. | Full case details |
| JCPC 2021/0069 | Sassy Garcia (Appellant) v Arima Door Centre Holding Company Ltd (Respondent) (Trinidad and Tobago) | Court of Appeal of the Republic of Trinidad and Tobago |
A landowner has the right to recover possession of his land if it is occupied without his authorisation by another person, including a former tenant. The landowner must bring his claim within sixteen years. The issues in this appeal are (1) whether the sixteen year period begins to run from the date on which rent was last paid, and, if so, (2) when rent was last paid in respect of the land with which this case is concerned. |
Full case details |
| JCPC 2022/064 | Francis Chitolie and another (Appellants) v St Lucia National Housing Corporation (Respondent) (Saint Lucia) | Court of Appeal of the Eastern Caribbean Supreme Court (St Lucia) |
(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 s.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 s.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? |
Full case details |
| JCPC 2023/0011 | Stanford Asset Holdings Ltd and another (Appellants) v AfrAsia Bank Ltd (Respondent) (Mauritius) | Supreme Court of Mauritius | Did the Supreme Court of Mauritius err in refusing an application brought by the victim of an alleged fraud seeking to compel an innocent third party to disclose information relating to the alleged fraud? | Full case details |
| JCPC 2021/0099 | Attorney General of Trinidad and Tobago (Respondent) v Vijay Maharaj Substituted on behalf of the Estate of Satnarayan Maharaj for Satnarayan Maharaj and another (Trinidad and Tobago) | Court of Appeal of the Republic of Trinidad and Tobago | 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 s.6(1) of the Constitution of Trinidad and Tobago. | Full case details |
| JCPC 2022/0028 | The Chairman of the Board of Inland Revenue (Respondent) v Finbar Boland and 15 others (Appellants) (Trinidad and Tobago) | Court of Appeal of the Republic of Trinidad and Tobago | Was the Court of Appeal wrong to find that the minimum requirements for an acting appointment to Field Auditor III include that the officer possess a professional accountancy qualification? | Full case details |
| JCPC 2022/0067 | Anthony Henry and another (Appellant) v Attorney General of St Lucia (Respondent) (Saint Lucia) | Court of Appeal of the Eastern Caribbean Supreme Court (St Lucia) | Did the Court of Appeal err in its assessment of the alleged breaches of the Appellants' constitutional rights? | Full case details |
| JCPC 2022/0057 | Matadai Roopnarine (Appellant) v Attorney General of Trinidad and Tobago (Respondent) (Trinidad and Tobago) | Court of Appeal of the Republic of Trinidad and Tobago |
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? |
Full case details |
| JCPC 2021/0013 | Renraw Investments Ltd and 2 others (Respondents) v Real Time Systems Ltd (Appellant) (Trinidad & Tobago) | Court of Appeal of the Republic of Trinidad and Tobago | Did the Court of Appeal err in finding that (a) it was entitled to set aside factual findings made by the High Court or (b) the High Court's findings were invalid due to bias? | Full case details |
| JCPC 2021/0016 | Caryn Moss (Appellant) v The King (Respondent) (Bahamas) | Court of Appeal of the Commonwealth of the Bahamas | 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. | Full case details |
| JCPC 2019/0067 | Blue Lagoon Beach Hotel & Co Ltd (Appellant) v Assessment Review Committee and another (Respondent) (Mauritius) | Supreme Court of Mauritius | Whether the Appellant was liable to account for and pay VAT in respect of hotel bookings made by tour operators, where the tour operator has paid for the hotel room booking (including VAT) but has failed to sell that booking to a consumer, such that no person eventually occupies the room on the night(s) it has been booked. | Full case details |
| JCPC 2021/0027 | Attorney General of Trinidad and Tobago (Appellant) v Trinsalvage Enterprises Ltd (Respondent) (Trinidad & Tobago) | Court of Appeal of the Republic of Trinidad and Tobago | Whether the Respondent was able to recover a 'qunatum meruit' by a claim in unjust enrichment for works completed under a void contract for construction work. | Full case details |
| JCPC 2021/0060 | Joseph Wilberforce 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. | Full case details |
| JCPC 2020/0090 | Roger Watson (Appellant) v The King (Respondent) (Bahamas) | Court of Appeal of the Commonwealth of the Bahamas | Should the Appellant's sentence of 50 years imprisonment for an offence of manslaughter be quashed? | Full case details |
| JCPC 2022/0075 | Alphamix Ltd (Appellant) v The District Council of Riviere du Rempart (Respondent) (Mauritius) | Supreme Court of Mauritius | Did the court a quo err in annulling a final arbitral award rendered by a sole arbitrator? | Full case details |
| 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? | Full case details |
| JCPC 2022/0071 | Ray Morgan (Appellant) v The King (Respondent) Jamaica | Court of Appeal of Jamaica | (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? | Full case details |
| JCPC 2019/0010 | Vincent Ariste (Appellant) v The King (Respondent) (Bahamas) | Court of Appeal of the Commonwealth of the Bahamas | Mr Ariste appeals against his conviction for armed robbery on the grounds that: i. He was denied access to legal representation during his detention, police interviews and at trial; | Full case details |
| JCPC 2021/0021 | The Permanent Secretary, Ministry of Social Development and Family Services and another (Respondents) v Ruth Peters (Appellant) (Trinidad &qmp; Tobago) | Court of Appeal of the Republic of Trinidad and Tobago | Was a policy that an applicant must be permanently disabled to access a welfare grant unlawful? | Full case details |
| JCPC 2021/0028 | Traille Caribbean Ltd (Appellant) v Cable & Wireless Jamaica Ltd T/A Lime (Respondent) (Jamaica) | Court of Appeal of Jamaica | Did the correct interpretation of a contract for the provision of telecommunications services and relevant tax legislation mean that payments under the contract should include Telephone Call Tax or not? | Full case details |
| JCPC 2020/0016 | Winston Finzi (Appellant) v Jamaican Redevelopment Foundation Inc. and others (Respondents) (Jamaica) | Court of Appeal of Jamaica | Did the Court of Appeal of Jamaica wrongly decide that Mr Finzi had no real prospect of successfully appealing against the summary determination of his claim? | Full case details |
| JCPC 2021/0007 | Ernest Hilaire (Appellant) v Allen Chastanet (Respondent) (Saint Lucia) | Court of Appeal of the Eastern Caribbean Supreme Court (St Lucia) | The facts and issues in this case will be published, in due course. | Full case details |
| JCPC 2021/0010 | Robert Tantular (Appellant) v His Majesty’s Attorney General (Jersey) | Court of Appeal of Jersey | Whether, on the proper interpretation of Article 16 of the Proceeds of Crime (Jersey Law) 1999 as modified by the Proceeds of Crime (Enforcement of Confiscation Orders) (Jersey) Regulations 2008 | Full case details |
| JCPC 2020/0018 | Tan Chi Fang and 3 others (Respondents) v His Majesty’s Attorney General (Appellant) (Jersey) (No 2) | Court of Appeal of Jersey | Did the Government of Indonesia institute and maintain these proceedings, such that it should be joined as a party and a costs order made against it? | Full case details |
| JCPC 2020/0012 | Tan Chi Fang and 3 others (Respondents) v His Majesty’s Attorney General (Appellant) (Jersey) | Court of Appeal of Jersey | Did the Government of Indonesia institute and maintain these proceedings, such that it should be joined as a party and a costs order made against it? | Full case details |
| JCPC 2021/0046 | Attorney General of Trinidad and Tobago (Respondent) v Harridath Maharaj (Appellant) (Trinidad and Tobago) | Court of Appeal of the Republic of Trinidad and Tobago | Whether the Court of Appeal was correct in setting aside the trial judge’s finding that the Respondent was liable for the malicious prosecution of the Appellant | Full case details |
| JCPC 2020/0055 | FamilyMart China Holding Co Ltd (Respondent) v Ting Chuan (Cayman Islands) Holding Corporation (Appellant) (Cayman Islands) | Court of Appeal of the Cayman Islands | Is any part of a petition to wind up a company on just and equitable grounds susceptible to arbitration? | Full case details |
| JCPC 2021/0061 | Keith Arjoon and 2 others (Respondents) v Maria Daniel (Receiver) (Appellant) (Trinidad and Tobago) | Court of Appeal of the Republic of Trinidad and Tobago | Under the statutory receivership regime in Trinidad and Tobago, when can the court grant an injunction restraining a receiver from exercising their power of sale over a company’s assets? Was the High Court right to strike out the Respondents’ claims and discharge the injunction against the Appellant? | Full case details |
| JCPC 2018/0096 | Roopchand (Appellant) v Tesheira (The Executrix of the Estate of Russell Tesheira) (Respondent) (Trinidad and Tobago) | Court of Appeal of the Republic of Trinidad and Tobago | Whether the Court of Appeal was correct to uphold the trial judge’s findings as to causation and quantum (among other matters). | Full case details |
| JCPC 2018/0045 | Smith and another (Appellants) v Attorney General of Trinidad and Tobago and others (Respondents) (Trinidad and Tobago) | Court of Appeal of the Republic of Trinidad and Tobago | Whether the Court of Appeal was entitled to conclude that the Chief Magistrate’s ruling was not vitiated by the appearance of bias or by the deprivation of Smith and Gomes’ right to due process and a fair hearing. | Full case details |
| JCPC 2021/0022 | Stubbs (Appellant) v The King (Respondent) (Bahamas) | Court of Appeal of the Commonwealth of the Bahamas | Whether the Court of Appeal's order is unconstitutional. | Full case details |
| JCPC 2019/0089 | Primeo Fund (in Official Liquidation) (Appellant) v Bank of Bermuda (Cayman) Ltd and another (Respondents) (Cayman Islands) | Court of Appeal of the Cayman Islands | This appeal concerns claims brought by the appellant, Primeo Fund (In Official Liquidation) (Primeo), against the respondents for breach of their contractual duties. | Full case details |
| JCPC 2019/0050 | Powell (Appellant) v Spence (Respondent) (Jamaica) | The Court of Appeal of Jamaica | 1) Whether proceedings for forfeiture a nullity as Appellant filed a 'notice' instead of a 'plaint'. | Full case details |
| 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. | Full case details |
| 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. | Full case details |
| JCPC 2016/0094 | Robin's Nest Interiors (Mauritius) Limited (Appellant) v Director General Mauritius Revenue Authority and Others (Respondents) | The Supreme Court of Mauritius | Whether the decision of the first respondent can be challenged by way of judicial review or whether the taxpayer’s remedy is limited to an appeal before the Assessment Review Committee (and thus whether the Supreme Court was correct to refuse leave on this basis)? | Full case details |
Displaying 33 results