Visit UKSCJCPC/2017/0024
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BANKING/INSOLVENCY
FundHaven Limited (Appellant) and another v The Executive Director of the Securities Commission of the Bahamas (Respondent) (Bahamas)
Case summary
Case ID
JCPC/2017/0024
Jurisdiction
Bahamas
Parties
Appellant(s)
FundHaven Limited
Respondent(s)
The Executive Director of the Securities Commission of the Bahamas
Issue
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.
Facts
On 29 March 2011, the appellants were found guilty and fined in respect of several regulatory breaches. Pursuant to the Rules of the Supreme Court the appellants appealed to the Supreme Court which, on 6 January 2012, upheld the Committee’s finding of guilt but reduced the fine by roughly one-third, being satisfied that breaches had been made out for only two of the three years. The appellants sought leave to appeal the decision of the Supreme Court out of time by filing a Notice of Motion on 7 October 2013.Section 21(1) of the Court of Appeal Act requires that a person may only appeal a judgment, order or sentence given by the Supreme Court on a ground of appeal which involves a point of law alone and which has been certified by the court as being a point of law of general public importance. At the first hearing for application for leave, the Court of Appeal dismissed the application as the appellants did not have the necessary certificate from the court below, and suggested that the appellants re-file it with a certificate.On 2 October 2013, the appellants applied to the court below to certify their appeal. The Court of Appeal deemed the certificate which had been issued unsatisfactory and agreed to consider for itself whether the appeal should be certified under section 21(1).
Date of issue
26 April 2017
Judgment details
Judgment date
26 April 2021
Neutral citation
[2021] UKPC 11
Judgment links
Appeal
Justices
Hearing dates
Start date
8 March 2021
End date
8 March 2021
Watch hearings
8 March 2021 - Afternoon session
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Last updated 9 May 2024