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945 Cases
JCPC/2023/0007
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CONSTITUTIONS
Judgment givenCase summary:Did the Court of Appeal err in: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; 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; 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 concluding that the High Court was correct to have granted leave for judicial review.
Last updated: 28 April 2026
JCPC/2026/0033
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Permission to Appeal application lodgedCase summary:Last updated: 28 April 2026
JCPC/2026/0032
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Appeal issuedCase summary:Last updated: 28 April 2026
JCPC/2023/0042
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TAX
Judgment givenCase summary:(1) On what basis is the Board of Inland Revenue entitled to raise a tax assessment following receipt of an individual's income tax return? (2) Can the Board of Inland Revenue recover unpaid income tax directly from an employee following an employer's failure to deduct the correct amount of tax under the statutory pay-as-you-earn (PAYE) regime?
Last updated: 27 April 2026
JCPC/2026/0031
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Appeal issuedCase summary:Last updated: 27 April 2026
JCPC/2023/0040
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COMMERCIAL
Judgment givenCase summary: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?
Last updated: 27 April 2026
JCPC/2026/0030
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Permission to Appeal application lodgedCase summary:Last updated: 27 April 2026
JCPC/2026/0029
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Permission to Appeal application lodgedCase summary:Last updated: 27 April 2026
JCPC/2025/0007
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COURT PROCEDURE
Awaiting JudgmentCase summary:Did the Court of Appeal err in striking out the Appellant’s appeal for want of prosecution and/or abuse of process?
Last updated: 27 April 2026
JCPC/2022/0054
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TAX
Judgment givenCase summary:Should dividends paid by the appellant to its sole shareholder, incorporated in Barbados, be subject to withholding tax at a rate of 5% if identical amounts were subsequently transferred, ultimately, to a parent company incorporated in Canada?
Last updated: 24 April 2026
JCPC/2018/0108
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CRIME
Judgment givenCase summary: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.
Last updated: 24 April 2026
JCPC/2023/0006
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CONSTITUTIONS
Judgment givenCase summary:The Appellant challenges the First to Third Respondents' election to the National Assembly of Mauritius on the grounds of bribery, treating, and undue influence.
Last updated: 23 April 2026
JCPC/2022/0013
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EMPLOYMENT
Judgment givenCase summary: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.
Last updated: 23 April 2026
JCPC/2021/0085
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PROCEDURE
Judgment givenCase summary: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?
Last updated: 23 April 2026
JCPC/2025/0116
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ARBITRATION
Hearing listedCase summary:Whether the recognition and enforcement of an arbitral award, insofar as it seeks to award third-party litigation costs incurred pursuant to a litigation funding agreement, is contrary to the public policy of Mauritius within the meaning of Article V(2)(b) of the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958) as enacted.
Last updated: 23 April 2026
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