All cases
924 Cases
JCPC/2025/0095
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CONSTITUTION
Hearing listedCase summary:Do sections 13 and 16 of the Sexual Offences Act 1986 (the “Act”) repeal and re-enact sections 59, 60 and 61 of the Offence Against the Person Act 1925 and so fall within section 6 of the Constitution of the Republic of Trinidad and Tobago (the “Constitution”)? Do sections 13 and 16 of the Act infringe the fundamental rights guaranteed by section 4 of the Constitution? Are sections 13 and 16 of the Act reasonably justifiable, in whole or in part, in a society which has proper respect for the rights and freedoms of the individual?
Last updated: 9 March 2026
JCPC/2025/0066
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COMMERCIAL
Hearing listedCase summary:Did the directors of a company breach their duties when they issued new shares resulting in a beneficial owner and co-shareholder ceasing to be a beneficial owner, either because (i) the issuance did not pursue a proper purpose, and/or (ii) they did not have regard to the market value of the company when determining the share price?
Last updated: 9 March 2026
JCPC/2022/0044
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BANKING/INSOLVENCY
Judgment givenCase summary:Whether the Court of Appeal erred in upholding the Judge's decision: (i) that there was no genuine and substantial dispute in relation to the debt allegedly owed to the Respondent; (ii) that the Respondent was empowered to serve a statutory demand whilst holding security; (iii) to order the winding-up of the Appellant; and (iv) to refuse the motion of the Appellant to adduce fresh evidence in the appeal hearing.
Last updated: 9 March 2026
JCPC/2021/0044
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TORT
Judgment givenCase summary:Did the Court of Appeal ("CA") err in upholding the trial judge's decision that the Appellant was not entitled to damages for loss of use for its excavator in addition to general and aggravated damages? ("Issue 1")Did the CA err in law by invoking the provisions of section 39 of the Supreme Court of Judicature Act Chap 4:01 in ordering the Appellant to return the excavator to the Appellant? ("Issue 2")Did the CA err in ordering the Appellant to pay the Respondent's costs of the appeal as provided for in Part 67.14 CPR as the appeal was on a limited issue of loss of use only, whereas the costs ordered in the High Court was on the value of the entire claim (which was not appealed)? ("Issue 3")
Last updated: 9 March 2026
JCPC/2024/0031
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NEGLIGENCE
Judgment scheduledCase 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: 9 March 2026
JCPC/2025/0013
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INSOLVENCY
Case summary:(1) Was the Court of Civil Appeal wrong in holding that the Appellants should have challenged the validity of the appointment of the Second Respondent as administrator, and applied to bring such appointment to an end, in first instance proceedings under ss. 214, 219 and 281 of the Insolvency Act 2009 (“IA 2009”) (being remedies that remain available to them)? (2) Should the Board grant a stay of the orders appointing the administrator pending the determination of the appeal on the merits?
Last updated: 6 March 2026
JCPC/2025/0030
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BUSINESS, PROPERTY, WILLS, AND TRUSTS
Permission to Appeal application lodgedCase summary:Did the Court of Appeal err by breaching the Appellant’s fair trial rights, in failing to provide sufficient reasons and consideration to the Appellant’s submissions?
Last updated: 6 March 2026
JCPC/2025/0115
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CRIME
Permission to Appeal refusedCase summary:Did the Courts in the first, third and fourth bail hearings err in refusing to grant bail to the Appellant? Did the Court in the second bail hearing err in keeping the Appellant in detention, but granting him conditional bail if the prosecutor does not lodge formal charges within 6 months?
Last updated: 5 March 2026
JCPC/2025/0096
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CRIME
Permission to Appeal refusedCase summary:Does the High Court have jurisdiction to review the appellant’s sentence of life imprisonment after the expiration of the minimum term she was required to serve before becoming eligible for release?
Last updated: 5 March 2026
JCPC/2025/0049
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COURT PROCEDURE
Permission to Appeal refusedCase summary:Did the trial judge err by granting the Respondent permission to file and serve a witness summary?
Last updated: 5 March 2026
JCPC/2025/0114
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PUBLIC LAW AND HUMAN RIGHTS
Appeal issuedCase summary:Was the Supreme Court of Mauritius correct to decline to determine Trait d’Union Ltée’s application for judicial review? Did the Director-General of the Mauritius Revenue Authority act illegally or unreasonably by demanding the payment of Advertising Structure Fees?
Last updated: 4 March 2026
JCPC/2025/0033
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EMPLOYMENT
Permission to Appeal refusedCase summary:Mr Chad Antoine, a former policeman who was dismissed for a disciplinary offence, claimed that the Commissioner of the Police’s failure to pay him a gratuity and pension was unconstitutional discrimination. Were the courts below wrong to dismiss his claim?
Last updated: 4 March 2026
JCPC/2025/0004
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TORT
Awaiting JudgmentCase summary:Is there a duty on an Attorney-at-Law to look behind a foreign power of attorney which is regular on its face and satisfies the relevant statutory provisions, and contains no express requirement on its face to look behind it?
Last updated: 3 March 2026
JCPC/2025/0097
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TORT
Permission to Appeal refusedCase summary:Whether the Court of Appeal erred in reinstating the default judgment against the Attorney General
Last updated: 2 March 2026
JCPC/2025/0108
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TAX
Permission to Appeal refusedCase 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: 2 March 2026
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