All cases
743 Cases
JCPC/2024/1002
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Permission to Appeal application lodgedCase summary:Did the Appellant acquire title to the disputed land by adverse possession? Was the Appellant entitled to the disputed land by the principle of estoppel?
Last updated: 24 January 2025
JCPC/2024/1001
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Appeal issuedCase summary:What is the proper approach to the public interest balancing exercise required by section 35 of the Freedom of Information Act (“the FOIA”) where an applicant has requested disclosure of information from a public authority and the public authority considers there to be an applicable exemption?
Last updated: 24 January 2025
JCPC/2020/0091
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LANDLORD AND TENANT
Judgment scheduledCase summary:Was the Supreme Court of the Bahamas (upheld by the Court of Appeal) right to hold (a) that the executor of an estate did not have the relevant power to transfer a property to the appellant; and (b) the counterclaim seeking that declaration was not time-barred?
Last updated: 24 January 2025
JCPC/2025/0007
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Appeal issuedCase summary:Last updated: 23 January 2025
JCPC/2024/0057
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CONSTITUTION
Judgment scheduledCase summary:Should the Respondent, the Auditor General (“AG”), be permitted to bring a judicial review of the Appellants’ decision to investigate the AG’s approach to auditing the 2023 public accounts, on the basis that that decision was vitiated by apparent bias and/or in breach of the Constitution?
Last updated: 23 January 2025
JCPC/2023/0008
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BUSINESS, PROPERTY, WILLS, AND TRUSTS
Awaiting JudgmentCase summary:(1) Was the agreement for the sale of an interest in land binding and enforceable? (2) Following that determination, what is the appropriate relief?
Last updated: 22 January 2025
JCPC/2024/0023
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ARBITRATION
Awaiting JudgmentCase summary:The appeal concerns the refusal of an ex parte application for an injunction. The appeal must be heard in private so as to avoid the risk of the anticipated respondents having notice of the proceedings, which would enable them to defeat the purpose of the proceedings.
Last updated: 21 January 2025
JCPC/2024/0031
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NEGLIGENCE
Hearing listedCase summary:(1) Can claims for unliquidated damages exceeding $4,000 give rise to appeals to the JCPC as of right under section 23(1) of the Bahamas Court of Appeal Act (the “CA Act”)? (2) Does the rule in Rylands v Fletcher impose strict liability on a landowner and lessor who neither occupies the land, nor owns or controls the dangerous thing? (3) Is the storage of fuel underground a “non-natural use of land” for the purposes of the rule in Rylands v Fletcher?
Last updated: 21 January 2025
JCPC/2023/0095
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CONSTITUTION
Hearing listedCase summary:Is section 37(3) of the Immigration (Transition) Act (2021 Revision) incompatible with the right to private and family life under section 9 of the Bill of Rights?
Last updated: 21 January 2025
JCPC/2023/0072
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CONSTITUTION
Hearing listedCase summary:Did the Court of Appeal err in setting aside a test case agreement and consent order agreed between the parties?
Linked casesLast updated: 21 January 2025
JCPC/2024/0033
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PUBLIC LAW AND HUMAN RIGHTS
Hearing listedCase summary:(1) Was the police’s seizure and detention of property pursuant to its powers under the State Lands Act Chap. 57:01 (“the Act”) lawful? (2) Who had jurisdiction and control over the property from the time of its seizure? (3) What is the correct process for the owner of the property seized to seek its release?
Last updated: 21 January 2025
JCPC/2024/0044
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PUBLIC LAW AND HUMAN RIGHTS
Hearing listedCase summary:Is the International Co-operation (Protection from Liability) (Jersey) Law 2018 a disproportionate restriction on the right of access to the court and therefore incompatible with article 6(1) of the European Convention of Human Rights?
Last updated: 21 January 2025
JCPC/2023/0096
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TAX
Hearing listedCase summary:Was a Société, in which the appellant was a partner, engaged in a business within the meaning of the Income Tax Act 1995?
Last updated: 21 January 2025
JCPC/2024/0009
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BUSINESS, PROPERTY, WILLS, AND TRUSTS
Hearing listedCase summary:Did the Court of Appeal err in refusing to strike out fair value appraisal claims by parties that had acquired shares with the knowledge that the company would shortly be amalgamated into another company, and what is the proper approach to identifying fair value?
Last updated: 21 January 2025
JCPC/2024/0077
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Hearing listedCase summary:What (if any) is the scope of the joint interest privilege enjoyed by the shareholders and former shareholders of Jardine Strategic Holdings Limited (the “First Appellant”) over legal advice obtained by the First Appellant? Can a company assert privilege over its legal advice against a shareholder only where litigation privilege is established, or from the time that the interests of the company and shareholder became adverse?
Last updated: 21 January 2025
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