Forbes and others (Appellants) v Scotiabank (Bahamas) Ltd (Respondent) (Bahamas)

Case summary

Case ID

JCPC/2019/0023

Jurisdiction

Bahamas

Parties

Appellant(s)

Jerome Forbes North Andros Food Services Ltd (T/A North Andros Seafood) R&R Holdings Investment Company Ltd

Respondent(s)

Scotiabank (Bahamas) Ltd

Issue

Whether the amount of damages awarded to the Appellants was correct.

Facts

The Appellants operated a fishing business through bank accounts maintained with the Respondent. The Respondent froze the Appellants’ business bank accounts, interrupting their fishing business for four years. The Appellants commenced proceedings in the Supreme Court of the Bahamas in respect of the loss and damage suffered as a result of the Respondent freezing their accounts. The parties reached a settlement on the issue of liability and the quantum of the majority of the Appellants’ heads of damage. The final head of damage, the Appellants’ claim for loss of revenue and profits, proceeded to an assessment of damages before the Supreme Court of the Bahamas. The parties adduced competing expert accounting evidence and the Supreme Court ultimately accepted the evidence of the Respondent’s expert, assessing the Appellants’ loss of revenue and profit in the amount of $89,072.46. The Appellants, having contended for damages in the amount of $3,139,780.50, appealed this assessment to the Court of Appeal of the Bahamas, arguing that the assessed damages were inordinately low and that the lower court had not had regard to how the Respondent’s expert evidence had been undermined on cross-examination. The Court of Appeal affirmed the lower court’s assessment of the damages due to the Appellants. The Appellants now appeal to the Judicial Committee of the Privy Council.

Date of issue

8 March 2019

Appeal

Justices

Lord Reed

Lord Kerr

Lady Black

Lady Arden

Lord Hamblen

Hearing dates

Start date

9 March 2020

End date

9 March 2020

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