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918 Cases
JCPC/2025/0080
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COURT PROCEDURE
Case closedCase summary:Whether the Court of appeal erred in allowing the appeal and awarding Mr Lowe damages of $3,653,956.24 plus interest thereon calculated at the rate of 6% per annum.
Last updated: 11 February 2026
JCPC/2025/0108
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TAX
Permission to Appeal application lodgedCase summary:Did the Supreme Court of Mauritius err in their interpretation of “permanent place of abode” for the purposes of section 73(1)(a)(i) of the Income Tax Act 1995 (the “ITA”)?
Last updated: 11 February 2026
JCPC/2025/0018
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EMPLOYMENT
Awaiting JudgmentCase summary:(1) For the purpose of calculating the severance allowance, did the Court of Appeal err in overturning the first instance finding of fact that there had been a break in Mr Appadoo’s employment between 24 November 2012 and 24 December 2012? (2) What rate of interest, if any, should be awarded on Mr Appadoo’s severance allowance?
Linked casesLast updated: 10 February 2026
JCPC/2025/0019
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EMPLOYMENT
Awaiting JudgmentCase summary:(1) For the purpose of calculating the severance allowance, did the Court of Appeal err in overturning the first instance finding of fact that there had been a break in Mr Appadoo’s employment between 24 November 2012 and 24 December 2012? (2) What rate of interest, if any, should be awarded on Mr Appadoo’s severance allowance?
Linked casesLegal Issue
Last updated: 10 February 2026
JCPC/2026/0009
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Permission to Appeal application lodgedCase summary:Last updated: 10 February 2026
JCPC/2023/0077
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TORT
Judgment givenCase 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: 9 February 2026
JCPC/2025/0097
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TORT
Permission to Appeal application lodgedCase summary:Whether the Court of Appeal erred in reinstating the default judgment against the Attorney General
Last updated: 9 February 2026
JCPC/2025/0107
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BUSINESS, PROPERTY, WILLS, AND TRUSTS
Appeal issuedCase summary:Is the claimant entitled to an order vesting in him title to the land owned by the second defendant, based on the claimant’s occupation of the land for over 16 years?
Last updated: 9 February 2026
JCPC/2025/0048
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BUSINESS, PROPERTY, WILLS, AND TRUSTS
WithdrawnCase summary:Is the mortgage agreement between the parties void or voidable on the basis of (i) total failure of consideration or (ii) mistake or frustration? Did the respondent bank have a duty to deliver good and marketable title? Did the instructed attorneys act for the bank such that the bank ought to sue them rather than the appellant for negligence in failing to report on title defects?
Last updated: 6 February 2026
JCPC/2025/0055
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COMMERCIAL
Appeal DismissedCase summary:Did the judge err in ordering HSBC to repay to Bettas the funds in its HSBC account together with both: (i) interest (to be assessed if not agreed) from the commencement of proceedings in 2011 until the date of judgment; and (ii) statutory interest from the date of judgment until the date of payment? Did the Court of Appeal err in setting aside the judge’s costs order?
Linked casesLast updated: 5 February 2026
JCPC/2025/0065/A
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NEGLIGENCE
Permission to Appeal application lodgedCase summary:These appeals concern allegations of clinical negligence following Aeden’s birth. The issues raised for the JCPC’s consideration all concern findings of fact in relation to the cause of Aeden’s cerebral palsy. In Dr Abdulla’s appeal (JCPC/2025/0063), and in Surgi-Med Clinic Co Ltd’s cross-appeal (JCPC/2025/0065/A) (1) Was the Court of Appeal wrong to reverse the High Court’s finding of fact as to the timing of Dr Abdulla’s arrival? (2) Was the Court of Appeal wrong to find that causation was inevitably proved against Dr Abdulla, if it was proved that he arrived at 4am? In Aeden Balwah’s appeal (JCPC/2025/0065) (1) Was the Court of Appeal wrong to uphold the High Court’s finding that it had not been proved that Surgi-Med Clinic Co Ltd’s breach of duty caused Aeden Balwah’s cerebral palsy?
Linked casesLast updated: 5 February 2026
JCPC/2025/0065
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NEGLIGENCE
Hearing listedCase summary:These appeals concern allegations of clinical negligence following Aeden’s birth. The issues raised for the JCPC’s consideration all concern findings of fact in relation to the cause of Aeden’s cerebral palsy. In Dr Abdulla’s appeal (JCPC/2025/0063), and in Surgi-Med Clinic Co Ltd’s cross-appeal (JCPC/2025/0065/A) (1) Was the Court of Appeal wrong to reverse the High Court’s finding of fact as to the timing of Dr Abdulla’s arrival? (2) Was the Court of Appeal wrong to find that causation was inevitably proved against Dr Abdulla, if it was proved that he arrived at 4am? In Aeden Balwah’s appeal (JCPC/2025/0065) (1) Was the Court of Appeal wrong to uphold the High Court’s finding that it had not been proved that Surgi-Med Clinic Co Ltd’s breach of duty caused Aeden Balwah’s cerebral palsy?
Linked casesLast updated: 5 February 2026
JCPC/2025/0063
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NEGLIGENCE
Permission to Appeal grantedCase summary:These appeals concern allegations of clinical negligence following Aeden’s birth. The issues raised for the JCPC’s consideration all concern findings of fact in relation to the cause of Aeden’s cerebral palsy. In Dr Abdulla’s appeal (JCPC/2025/0063), and in Surgi-Med Clinic Co Ltd’s cross-appeal (JCPC/2025/0065/A) (1) Was the Court of Appeal wrong to reverse the High Court’s finding of fact as to the timing of Dr Abdulla’s arrival? (2) Was the Court of Appeal wrong to find that causation was inevitably proved against Dr Abdulla, if it was proved that he arrived at 4am? In Aeden Balwah’s appeal (JCPC/2025/0065) (1) Was the Court of Appeal wrong to uphold the High Court’s finding that it had not been proved that Surgi-Med Clinic Co Ltd’s breach of duty caused Aeden Balwah’s cerebral palsy?
Linked casesLast updated: 5 February 2026
JCPC/2025/0106
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EMPLOYMENT
Permission to Appeal refusedCase summary:Substantive questions (1) Was the Gibraltar Employment Tribunal right to find on the facts that Mr Van Thienen had not been unfairly dismissed, bullied, or discriminated against? (2) Did the Supreme Court of Gibraltar and Court of Appeal for Gibraltar err or act improperly in not overturning the Employment Tribunal’s decision? Procedural questions (3) Mr Van Thienan was entitled to appeal by right to the Privy Council. However, he did not file an appeal motion within the prescribed twenty-one-day period. Did the Court of Appeal for Gibraltar have discretion to waive this delay and grant Mr Van Thienan leave to appeal to the Privy Council? (4) If the Court of Appeal for Gibraltar did have such discretion, should it have exercised it?
Last updated: 5 February 2026
JCPC/2025/0055/A
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COMMERCIAL
Permission to Appeal refusedCase summary:Did the judge err in ordering HSBC to repay to Bettas the funds in its HSBC account together with both: (i) interest (to be assessed if not agreed) from the commencement of proceedings in 2011 until the date of judgment; and (ii) statutory interest from the date of judgment until the date of payment? Did the Court of Appeal err in setting aside the judge’s costs order?
Linked casesLast updated: 5 February 2026
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