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 Details
JCPC 2020/0021 Chu (Respondent) v Lau (Appellant) (British Virgin Islands) The Court of Appeal of the British Virgin Islands 1) Whether the Court of Appeal of the Eastern Caribbean Supreme Court (CA) erred in overturning the first-instance judge’s finding of fact that Ocean Sino Ltd (OSL) was deadlocked and in making the consequent order that it be wound up on the just and equitable ground Full case details
JCPC 2019/0027 Allykhan (Appellant) v Abdool (Respondent) (Mauritius) (No 2) The Supreme Court of Mauritius Whether the courts below were correct to hold that Nushrat Begum Abdul (Nushrat) is the biological daughter of Abdullah Rossan Ally Peer Ally Khan (the Deceased) Full case details
JCPC 2019/0021 Allykhan (Appellant) v Abdool (Respondent) (Mauritius) The Supreme Court of Mauritius Whether the courts below were correct to hold that Nushrat Begum Abdul (Nushrat) is the biological daughter of Abdullah Rossan Ally Peer Ally Khan (the Deceased) Full case details
JCPC 2020/0005 The Queen (Appellant) v Evans (Respondent) (Bahamas) The Court of Appeal of the Commonwealth of the Bahamas (1) Whether the convictions of Stubbs and Davis for murder and attempted murder were rendered unsafe by (i) the trial Judge’s handling of evidence at trial or (ii) the trial Judge’s directions to the jury; Full case details
JCPC 2019/0031 Stubbs (Appellant) v The Queen (Respondent) (Bahamas) The Court of Appeal of the Commonwealth of the Bahamas (1) Whether the convictions of Stubbs and Davis for murder and attempted murder were rendered unsafe by (i) the trial Judge’s handling of evidence at trial or (ii) the trial Judge’s directions to the jury; Full case details
JCPC 2019/0030 Davis (Appellant) v The Queen (Respondent) (Bahamas) The Court of Appeal of the Commonwealth of the Bahamas (1) Whether the convictions of Stubbs and Davis for murder and attempted murder were rendered unsafe by (i) the trial Judge’s handling of evidence at trial or (ii) the trial Judge’s directions to the jury; Full case details
JCPC 2019/0041 Yearwood (Appellant) v Yearwood (Respondent) (Antigua & Barbuda) The Court of Appeal of Antigua and Barbuda (1) Can orders made by the High Court of England and Wales in family proceedings be registered in Antigua and Barbuda under the Reciprocal Enforcement of Judgments Act? Full case details
JCPC 2019/0068 National Stadium (Grenada) Corporation (Respondent) v NH International (Caribbean) Ltd (Appellant) (Trinidad & Tobago) The Court of Appeal of the Republic of Trinidad and Tobago (1) Did Clico Bank hold US$2.8m on trust for the contractor? (2) If not, did the contractor have a right to the money by assignment? (3) If not, should the money be paid to NS? Full case details
JCPC 2019/0082 Byers and others (Appellants) v Ningning (Respondent) (British Virgin Islands) The Court of Appeal of the Eastern Caribbean Supreme Court (British Virgin Islands) The central issue on this appeal is whether the Respondent acted in breach of any fiduciary duty when US$13 million was transferred from Pioneer Freight Futures Company Limited (the "Company") to a third party shortly before the Company entered into provisional liquidation. Full case details
JCPC 2019/0029 Delta Petroleum (Caribbean) Ltd (Appellant) v British Virgin Islands Electricity Corporation (Respondent) (British Virgin Islands) The Court of Appeal of the British Virgin Islands (1) Whether the doctrine of waiver by election was applicable to the Appellant’s situation and conduct; (2) whether the agreement barred the application of the waiver doctrine; (3) whether the requirements of the doctrine were satisfied on the facts; (4) whether the Appellant was entitled to rely on the closure as a basis for performance to relief or to terminate the agreement; (5) whether the liquidated damages clause applied and, if so, whether it was a penalty clause; and, (6) whether the Appellant complied with the preconditions required to benefit from the three grace periods in the liquidated damages clause. Full case details
JCPC 2019/0050 Powell (Appellant) v Spence (Respondent) (Jamaica) The Court of Appeal of Jamaica TBC 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 2017/0024 Fund Haven Limited (Appellant) and another v The Executive Director of the Securities Commission of the Bahamas (Respondent) (Bahamas) The Court of Appeal of the Commonwealth of the Bahamas Whether the Court of Appeal erred in declining to certify the appellants’ application for permission to appeal under section 21(1) of the Court of Appeal Act as raising a point of law of general public importance. 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 2019/0026 Livingston Properties Equities Inc and others (Respondents) v JSC MCC Eurochem and another (Appellants) (British Virgin Islands) The Court of Appeal of the Eastern Caribbean Supreme Court (British Virgin Islands) The Appellants commenced proceedings against the Respondents (and other defendants) in the BVI in 2015. The Appellants were initially granted permission to serve the proceedings on the defendants that are located outside of the BVI. The Respondents applied to set aside that permission and challenged the jurisdiction of the BVI court to try the claims. At first instance that application was dismissed but on appeal to the Eastern Caribbean Court of Appeal that decision was overturned and the EC CoA granted a stay of the proceedings on the basis that Russia was a more appropriate forum. Full case details
JCPC 2019/0024 Chief Fire Officer and another (Respondents) v Felix-Phillip and others (Appellants) (Trinidad and Tobago) The Court of Appeal of the Republic of Trinidad and Tobago Did the Fire Service act unlawfully in passing over the Appellants for permanent promotion? Full case details
JCPC 2018/0056 The Airport Authority (Appellant) v Western Air Ltd (Respondent) (Bahamas) The Court of Appeal of the Commonwealth of the Bahamas In the appeal: Whether the Court of Appeal erred by affirming the trial judge’s finding that Airport Authority Limited ("Authority") is liable to Western Air Limited ("Airline") for negligence leading to theft of an aircraft. Full case details
JCPC 2019/0091 Ayers-Caesar (Respondent) v Judicial and Legal Service Commission (Appellant) (Trinidad and Tobago) The Court of Appeal of the Republic of Trinidad and Tobago (1) Whether the Court of Appeal was right to find that the first instance judge had erred in refusing to grant the Respondent leave: (a) to amend her claim; and (b) to cross-examine the Appellant’s deponents. Full case details
JCPC 2018/0065 Ocean Reef Resorts Ltd (Appellant) v Foster (Respondent) (St Christopher and Nevis) The Court of Appeal of the Eastern Caribbean Supreme Court (St Christopher and Nevis) The Court of Appeal of the Eastern Caribbean Supreme Court (St Christopher and Nevis) Full case details
JCPC 2017/0029 Boston-Whylly and others (Appellants) v Eleuthera Properties Ltd (Respondent) (Bahamas) The Court of Appeal of the Commonwealth of the Bahamas Whether the Court of Appeal was wrong to find that the respondent had established possession over the property so as to give it title ahead of the competing claims of the appellants; whether the original gift violated the rule against perpetuities. 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 21 results