Current cases index - Judicial Committee of the Privy Council (JCPC)

Current cases
Case ID	Case name	Jurisdiction	Case summary - Issue
JCPC 2022/0109	Ramsbury Properties Ltd (Appellant) v Oceanview Construction Ltd (Respondent) (St Christopher and Nevis)	Court of Appeal of St Christopher and Nevis	Whether the appellant complied with the terms of the lease between the parties.
JCPC 2023/0007	Director of Public Prosecutions (Appellant) v Chris Durham also called Bouye (deceased) and 2 others (Respondents) (Trinidad and Tobago)	Court of Appeal of the Republic of Trinidad and Tobago	Did the Court of Appeal err in: failing to apply the established case law & principles in relation to the Respondent's challenge of the DPP's decision to continue the prosecution and/or in relation to whether the criminal trial judge had sufficient and appropriate tools to deal with the Respondents' complaints; concluding that the DPP's decision to allow the criminal trial process to deal with the Respondent's complaints was so exceptional as to be reviewable on the grounds of irrationality and/or abuse of process; concluding that it was unnecessary to the High Court's reasoning to make a finding that the DPP's sole eyewitness had committed perjury; and concluding that the High Court was correct to have granted leave for judicial review.
JCPC 2022/0054	Methanex Trinidad (Titan) Unlimited (Appellant) v The Board of Inland Revenue (Respondent) (Trinidad and Tobago)	Court of Appeal of the Republic of Trinidad and Tobago	[To be added in due course]
JCPC 2021/0109	Candace Hoyte (Appellant) v The Strategic Services Agency and another (Respondents) (Trinidad and Tobago)	Court of Appeal of the Republic of Trinidad and Tobago	Under the Strategic Services Agency Act, Chapter 15:06 of the Laws of Trinidad and Tobago (the "SSA Act"), is the Strategic Services Agency (the "SSA") a legal person capable of being sued in tort?
JCPC 2022/0049	Shawn Campbell and 3 others (Appellants) v The King (Respondent) No 2 (Jamaica)	Court of Appeal of Jamaica	[To be added in due course]
JCPC 2022/0092	Republic of Kazakhstan (Appellant) v Terra Raf Trans Trading Ltd (Respondent) (Gibraltar)	Court of Appeal for Gibraltar	Are costs orders made by the English High Court in relation to proceedings to enforce a foreign arbitral award registrable in Gibraltar?
JCPC 2021/0068	PIC Insurance Company Ltd (Appellant) v Zona Barthley and another (Personal Representatives of the Estate of Dr Rolston Barthley, Deceased) (Respondents) (Antigua and Barbuda)	Court of Appeal of the Eastern Caribbean Supreme Court (Antigua and Barbuda)	(1) - (2) Was the Court of Appeal correct to accept as proper the findings of fact made by the judge? Can the concurrent findings be reversed? (3) - (5) Was the Court of Appeal correct in its findings under the Companies Act 1995?
JCPC 2018/0102	Smith (Appellant) v Royal College of Veterinary Surgeons (Respondent)	The Disciplinary Committee of the Royal College of Veterinary Surgeons	(1) Whether it was disproportionate and excessive for the Disciplinary Committee of the Royal College of Veterinary Surgeons (the "Disciplinary Committee") to have directed that the appellant's name be removed from the Register of Veterinary Surgeons.
JCPC 2019/0023	Forbes and others (Appellants) v Scotiabank (Bahamas) Ltd (Respondent) (Bahamas)	The Court of Appeal of the Commonwealth of the Bahamas	Whether the amount of damages awarded to the Appellants was correct.
JCPC 2022/0079	National Bank of Anguilla (Private Banking and Trust) Ltd (in Administration) and another (Appellants) v Chief Minister of Anguilla and 3 others (Respondents) (Anguilla)	Court of Appeal of the Eastern Caribbean Supreme Court (British Virgin Islands)	Should leave to apply for judicial review have been (and should now be) granted? The issues on appeal include: The correct approach to be applied on an appeal from a judge's refusal to grant leave to apply for judicial review. Whether the Appellants have a sufficiently arguable case for leave to apply for judicial review to be granted. Whether the judge's refusal to grant leave exceeded the ambit within which reasonable disagreement is possible. Whether there is a relevant decision that the Chief Minister of Anguilla (the First Respondent) or the Executive Council of Anguilla could properly have made which would be the subject of the judicial review.
JCPC 2022/0076	Karen Allen and 2 others (Respondents) v Registrar of Companies and another (Appellants) (Montserrat)	Court of Appeal of the Eastern Caribbean Supreme Court (Montserrat)	This case concerns the correct interpretation of rules in the Montserrat Companies Act that apply to the disqualification of company directors. In particular, the Privy Council is asked to decide: Whether a court, exercising its power under sections 65 to 67 of the Montserrat Companies Act to disqualify those it deems unfit from being a director, can disqualify a person from holding office in any company in Montserrat or only those companies in which that person previously held office and that had been the subject of an investigation. What the relevant legal test is for deeming an individual to be unfit for managing a company in Montserrat. What weight is to be given to evidence contained a report published by a court appointed investigator, when it is not subject to the stringent rules that apply to expert evidence in legal proceedings when the expert is appointed by the parties. In light of the answers to the above issues, whether the Eastern Caribbean Supreme Court in the Court of Appeal were correct to partially overturn the first instance judge's decision.
JCPC 2022/0041 and JCPC 2022/0062	1Globe Capital LLC (Appellant) v Sinovac Biotech Ltd (Respondent) (Antigua and Barbuda) and 1Globe Capital LLC (Appellant) v Sinovac Biotech Ltd (Respondent) (Antigua and Barbuda) No 2	Court of Appeal of the Eastern Caribbean Supreme Court (Antigua & Barbuda)	The validity under Antiguan law of a Rights Agreement adopted on 28 March 2016 by the board of the Respondent company without shareholder approval.
JCPC 2023/0071	Attorney General of Trinidad and Tobago (Respondent) v CL Financial Ltd (in Liquidation) (Appellant)	Court of Appeal for Bermuda	Is a Court of Appeal decision which is based solely on a summary of the High Court's reasons valid notwithstanding the existence of a detailed judgment expanding on those reasons? What is the correct approach to assessing liquidators' remuneration and expenses?
JCPC 2024/0049	Ravi Balgobin Maharaj (Appellant) v The Cabinet of The Republic of Trinidad and Tobago and another (Respondents) No 2 (Trinidad and Tobago)	Court of Appeal of the Republic of Trinidad and Tobago	Is section 75(a) of the Police Service Act 2006 unconstitutional in so far as it is inconsistent with the separation of powers and section 123 of the Constitution? Did the President of Trinidad and Tobago exercise their discretion unlawfully under section 75 of the Police Service Act 2006 in acting on the advice of the Cabinet in deciding whether to extend the years of service of the Commissioner?
JCPC 2023/0018	Changyou.com Ltd (Appellant) v Fourworld Global Opportunities Fund Ltd and 7 others (Respondents) (Cayman Islands)	Court of Appeal of the Cayman Islands	Are the appraisal rights under section 238 of the Companies Act (2020 Revision)(the "Act") available to minority shareholders in a subsidiary which merges in a "short-form" merger with a holding company?
JCPC 2023/0086	Belitza Marling Sagaray Silva (Appellant) v Replay Destinations (Bahamas) Ltd (Respondent) (Bahamas)	Court of Appeal of the Commonwealth of the Bahamas	On the true construction of a sale agreement, what title did the purchaser of a condominium agree to purchase under that agreement in circumstances where:(a) the advertised square footage of the condominium was less than that recorded in a statutory declaration made pursuant to land-registration system for condominiums and (b) the terms of the sale agreement were expressed to be subject to the statutory declaration? (2)Is the purchaser entitled to rescind her sale agreement and recover the deposit paid under that agreement?
JCPC 2021/0066	Water and Sewerage Authority of Trinidad and Tobago (Respondent) v Waterworks Ltd (Appellant) (Trinidad and Tobago)	Court of Appeal of the Republic of Trinidad and Tobago	The case concerns the interpretation of a clause in two design and construction contracts entitling a contractor to obtain reimbursement for reasonable expenses incurred prior to termination. The issue is whether charges incurred by the appellant, due to the cancellation of purchase orders for the supply of equipment made with a third party, were 'a cost or liability which in the circumstances was reasonably incurred in the expectation of completing works'?
JCPC 2023/0046	Mitoonlal Persad and another (Appellants) v Registration, Recognition and Certification Board (Respondent) (Trinidad and Tobago)	Court of Appeal of the Republic of Trinidad and Tobago	Was the Court of Appeal wrong to find that: (i) the jurisdiction of the High Court to determine the issue in this appeal was ousted by s.23(6) and (7) of the Industrial Relations Act; and (ii) the Registration, Recognition and Certification Board (the "Board") did not act in breach of natural justice, nor did it fetter its discretion when making its decision in relation to good standing?
JCPC 2024/0057	Jaiwantie Ramdass (Respondent) v Minister of Finance and another (Appellants) (Trinidad and Tobago)	Court of Appeal of the Republic of Trinidad and Tobago
JCPC 2023/0105	Keros Martin and six others (Appellants) v Director of Public Prosecutions (Respondent) (Trinidad and Tobago)	Court of Appeal of the Republic of Trinidad and Tobago	Does the Court of Appeal have jurisdiction to hear an appeal from a decision of the High Court on whether to grant bail to a person charged with murder?
JCPC 2023/0116	Bhagwantee Singh-Weekes (as Legal Personal Representative of the Estate of Navin Singh) (Appellant) v South-West Regional Health Authority (Respondent) (Trinidad and Tobago)	Court of Appeal of the Republic of Trinidad and Tobago	Did the Court of Appeal err in not ordering that VAT be paid on the prescribed costs ordered to be paid in circumstances where the appellant's attorneys were registered for VAT but the appellant was not?
JCPC 2023/0088	Woodford Construction Ltd (Appellant) v Readymix (West Indies) Ltd (Respondent) (Trinidad and Tobago)	Court of Appeal of the Republic of Trinidad and Tobago	Was the trial judge wrong to find that one party to a contract had stolen material from the other, when the allegation of theft had not been made expressly in the alleging party's statement of case? Did the trial judge interpret the meaning of the word "theft" correctly, including questions of knowledge and dishonesty if relevant, when finding that the allegation of theft was proven?
JCPC 2023/0019	Private Power Operators Ltd (Appellant) v Industrial Disputes Tribunal and 2 others (Respondents) (Jamaica)	Court of Appeal of Jamaica	Was the Court of Appeal wrong to make its decision on grounds that were not set out in the Notice of Appeal, without giving the appellant ("PPO") sufficient opportunity to address the court?
JCPC 2023/0107	Fang Ankong and another (Appellants) v Green Elite Ltd (In Liquidation) (Respondent) (Virgin Islands)	Court of Appeal of the Eastern Caribbean Supreme Court (British Virgin Islands)	Whether the Court of Appeal erred in applying the Duomatic principle and holding the Defendants personally liable.
JCPC 2020/0003	Attorney General of Trinidad and Tobago (Respondent) v Tobago House of Assembly (Appellant) (Trinidad and Tobago)	Court of Appeal of the Republic of Trinidad and Tobago	Whether the Court of Appeal of Trinidad and Tobago erred in finding that: i) section 25(2) of the Tobago House of Assembly Act did not empower the Executive Committee of the Tobago House of Assembly (THA) to enter into such contracts as would constitute a 'build-own-lease-transfer' (BOLT) arrangement; and
JCPC 2024/0016	Marcia Ayers-Caesar (Respondent) v The Judicial and Legal Service Commission (Appellant) (Trinidad and Tobago)	Court of Appeal of the Republic of Trinidad and Tobago
JCPC 2023/0104	Steven Goran Stevanovich (Appellant) v Matthew Richardson and another (as Joint Liquidations of Barrington Capital Group Ltd (In Liquidation)) (Respondent) (Virgin Islands)	Court of Appeal of the Eastern Caribbean Supreme Court (British Virgin Islands)	Can the appellant, as the former director of a company in liquidation, apply under section 273 of the Insolvency Act 2003 to reverse a decision made by the liquidators of the company to admit a claim in the liquidation?
JCPC 2021/0117	Ricardo Farrington (Appellant) v The King (Respondent) (Bahamas)	Court of Appeal of the Commonwealth of the Bahamas	Should the Appellant be re-sentenced for murder in light of the Privy Council's decision in Bowe and another v The Queen [2006] UKPC 10?
JCPC 2023/0020	The Corporation of Hamilton (Appellant) v Attorney General and another (Respondents) (Bermuda)	Court of Appeal for Bermuda	Whether section 1 of the Constitution of Bermuda is independently and directly enforceable, and if so whether certain legislative measures contravened the Appellant's rights to protection of law and to protection from deprivation of property without compensation. In any event, whether those legislative measures contravened the rule of law and the separation of powers.

JCPC 2022/0109

Ramsbury Properties Ltd (Appellant) v Oceanview Construction Ltd (Respondent) (St Christopher and Nevis)

Court of Appeal of St Christopher and Nevis

Whether the appellant complied with the terms of the lease between the parties.

JCPC 2023/0007

Director of Public Prosecutions (Appellant) v Chris Durham also called Bouye (deceased) and 2 others (Respondents) (Trinidad and Tobago)

Court of Appeal of the Republic of Trinidad and Tobago

Did the Court of Appeal err in:

failing to apply the established case law & principles in relation to the Respondent's challenge of the DPP's decision to continue the prosecution and/or in relation to whether the criminal trial judge had sufficient and appropriate tools to deal with the Respondents' complaints;
concluding that the DPP's decision to allow the criminal trial process to deal with the Respondent's complaints was so exceptional as to be reviewable on the grounds of irrationality and/or abuse of process;
concluding that it was unnecessary to the High Court's reasoning to make a finding that the DPP's sole eyewitness had committed perjury; and
concluding that the High Court was correct to have granted leave for judicial review.

JCPC 2022/0054

Methanex Trinidad (Titan) Unlimited (Appellant) v The Board of Inland Revenue (Respondent) (Trinidad and Tobago)

Court of Appeal of the Republic of Trinidad and Tobago

[To be added in due course]

JCPC 2021/0109

Candace Hoyte (Appellant) v The Strategic Services Agency and another (Respondents) (Trinidad and Tobago)

Court of Appeal of the Republic of Trinidad and Tobago

Under the Strategic Services Agency Act, Chapter 15:06 of the Laws of Trinidad and Tobago (the "SSA Act"), is the Strategic Services Agency (the "SSA") a legal person capable of being sued in tort?

JCPC 2022/0049

Shawn Campbell and 3 others (Appellants) v The King (Respondent) No 2 (Jamaica)

Court of Appeal of Jamaica

[To be added in due course]

JCPC 2022/0092

Republic of Kazakhstan (Appellant) v Terra Raf Trans Trading Ltd (Respondent) (Gibraltar)

Court of Appeal for Gibraltar

Are costs orders made by the English High Court in relation to proceedings to enforce a foreign arbitral award registrable in Gibraltar?

JCPC 2021/0068

PIC Insurance Company Ltd (Appellant) v Zona Barthley and another (Personal Representatives of the Estate of Dr Rolston Barthley, Deceased) (Respondents) (Antigua and Barbuda)

Court of Appeal of the Eastern Caribbean Supreme Court (Antigua and Barbuda)

(1) - (2) Was the Court of Appeal correct to accept as proper the findings of fact made by the judge? Can the concurrent findings be reversed?
(3) - (5) Was the Court of Appeal correct in its findings under the Companies Act 1995?

JCPC 2018/0102

Smith (Appellant) v Royal College of Veterinary Surgeons (Respondent)

The Disciplinary Committee of the Royal College of Veterinary Surgeons

(1) Whether it was disproportionate and excessive for the Disciplinary Committee of the Royal College of Veterinary Surgeons (the "Disciplinary Committee") to have directed that the appellant's name be removed from the Register of Veterinary Surgeons.

JCPC 2019/0023

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

The Court of Appeal of the Commonwealth of the Bahamas

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

JCPC 2022/0079

National Bank of Anguilla (Private Banking and Trust) Ltd (in Administration) and another (Appellants) v Chief Minister of Anguilla and 3 others (Respondents) (Anguilla)

Court of Appeal of the Eastern Caribbean Supreme Court (British Virgin Islands)

Should leave to apply for judicial review have been (and should now be) granted? The issues on appeal include:

The correct approach to be applied on an appeal from a judge's refusal to grant leave to apply for judicial review.
Whether the Appellants have a sufficiently arguable case for leave to apply for judicial review to be granted.
Whether the judge's refusal to grant leave exceeded the ambit within which reasonable disagreement is possible.
Whether there is a relevant decision that the Chief Minister of Anguilla (the First Respondent) or the Executive Council of Anguilla could properly have made which would be the subject of the judicial review.

JCPC 2022/0076

Karen Allen and 2 others (Respondents) v Registrar of Companies and another (Appellants) (Montserrat)

Court of Appeal of the Eastern Caribbean Supreme Court (Montserrat)

This case concerns the correct interpretation of rules in the Montserrat Companies Act that apply to the disqualification of company directors. In particular, the Privy Council is asked to decide:

Whether a court, exercising its power under sections 65 to 67 of the Montserrat Companies Act to disqualify those it deems unfit from being a director, can disqualify a person from holding office in any company in Montserrat or only those companies in which that person previously held office and that had been the subject of an investigation.
What the relevant legal test is for deeming an individual to be unfit for managing a company in Montserrat.
What weight is to be given to evidence contained a report published by a court appointed investigator, when it is not subject to the stringent rules that apply to expert evidence in legal proceedings when the expert is appointed by the parties.
In light of the answers to the above issues, whether the Eastern Caribbean Supreme Court in the Court of Appeal were correct to partially overturn the first instance judge's decision.

JCPC 2022/0041 and JCPC 2022/0062

1Globe Capital LLC (Appellant) v Sinovac Biotech Ltd (Respondent) (Antigua and Barbuda)
and 1Globe Capital LLC (Appellant) v Sinovac Biotech Ltd (Respondent) (Antigua and Barbuda) No 2

Court of Appeal of the Eastern Caribbean Supreme Court (Antigua & Barbuda)

The validity under Antiguan law of a Rights Agreement adopted on 28 March 2016 by the board of the Respondent company without shareholder approval.

JCPC 2023/0071

Attorney General of Trinidad and Tobago (Respondent) v CL Financial Ltd (in Liquidation) (Appellant)

Court of Appeal for Bermuda

Is a Court of Appeal decision which is based solely on a summary of the High Court's reasons valid notwithstanding the existence of a detailed judgment expanding on those reasons? What is the correct approach to assessing liquidators' remuneration and expenses?

JCPC 2024/0049

Ravi Balgobin Maharaj (Appellant) v The Cabinet of The Republic of Trinidad and Tobago and another (Respondents) No 2 (Trinidad and Tobago)

Court of Appeal of the Republic of Trinidad and Tobago

Is section 75(a) of the Police Service Act 2006 unconstitutional in so far as it is inconsistent with the separation of powers and section 123 of the Constitution? Did the President of Trinidad and Tobago exercise their discretion unlawfully under section 75 of the Police Service Act 2006 in acting on the advice of the Cabinet in deciding whether to extend the years of service of the Commissioner?

JCPC 2023/0018

Changyou.com Ltd (Appellant) v Fourworld Global Opportunities Fund Ltd and 7 others (Respondents) (Cayman Islands)

Court of Appeal of the Cayman Islands

Are the appraisal rights under section 238 of the Companies Act (2020 Revision)(the "Act") available to minority shareholders in a subsidiary which merges in a "short-form" merger with a holding company?

JCPC 2023/0086

Belitza Marling Sagaray Silva (Appellant) v Replay Destinations (Bahamas) Ltd (Respondent) (Bahamas)

Court of Appeal of the Commonwealth of the Bahamas

On the true construction of a sale agreement, what title did the purchaser of a condominium agree to purchase under that agreement in circumstances where:(a) the advertised square footage of the condominium was less than that recorded in a statutory declaration made pursuant to land-registration system for condominiums and (b) the terms of the sale agreement were expressed to be subject to the statutory declaration? (2)Is the purchaser entitled to rescind her sale agreement and recover the deposit paid under that agreement?

JCPC 2021/0066

Water and Sewerage Authority of Trinidad and Tobago (Respondent) v Waterworks Ltd (Appellant) (Trinidad and Tobago)

Court of Appeal of the Republic of Trinidad and Tobago

The case concerns the interpretation of a clause in two design and construction contracts entitling a contractor to obtain reimbursement for reasonable expenses incurred prior to termination. The issue is whether charges incurred by the appellant, due to the cancellation of purchase orders for the supply of equipment made with a third party, were 'a cost or liability which in the circumstances was reasonably incurred in the expectation of completing works'?

JCPC 2023/0046

Mitoonlal Persad and another (Appellants) v Registration, Recognition and Certification Board (Respondent) (Trinidad and Tobago)

Court of Appeal of the Republic of Trinidad and Tobago

Was the Court of Appeal wrong to find that: (i) the jurisdiction of the High Court to determine the issue in this appeal was ousted by s.23(6) and (7) of the Industrial Relations Act; and (ii) the Registration, Recognition and Certification Board (the "Board") did not act in breach of natural justice, nor did it fetter its discretion when making its decision in relation to good standing?

JCPC 2024/0057

Jaiwantie Ramdass (Respondent) v Minister of Finance and another (Appellants) (Trinidad and Tobago)

Court of Appeal of the Republic of Trinidad and Tobago

JCPC 2023/0105

Keros Martin and six others (Appellants) v Director of Public Prosecutions (Respondent) (Trinidad and Tobago)

Court of Appeal of the Republic of Trinidad and Tobago

Does the Court of Appeal have jurisdiction to hear an appeal from a decision of the High Court on whether to grant bail to a person charged with murder?

JCPC 2023/0116

Bhagwantee Singh-Weekes (as Legal Personal Representative of the Estate of Navin Singh) (Appellant) v South-West Regional Health Authority (Respondent) (Trinidad and Tobago)

Court of Appeal of the Republic of Trinidad and Tobago

Did the Court of Appeal err in not ordering that VAT be paid on the prescribed costs ordered to be paid in circumstances where the appellant's attorneys were registered for VAT but the appellant was not?

JCPC 2023/0088

Woodford Construction Ltd (Appellant) v Readymix (West Indies) Ltd (Respondent) (Trinidad and Tobago)

Court of Appeal of the Republic of Trinidad and Tobago

Was the trial judge wrong to find that one party to a contract had stolen material from the other, when the allegation of theft had not been made expressly in the alleging party's statement of case? Did the trial judge interpret the meaning of the word "theft" correctly, including questions of knowledge and dishonesty if relevant, when finding that the allegation of theft was proven?

JCPC 2023/0019

Private Power Operators Ltd (Appellant) v Industrial Disputes Tribunal and 2 others (Respondents) (Jamaica)

Court of Appeal of Jamaica

Was the Court of Appeal wrong to make its decision on grounds that were not set out in the Notice of Appeal, without giving the appellant ("PPO") sufficient opportunity to address the court?

JCPC 2023/0107

Fang Ankong and another (Appellants) v Green Elite Ltd (In Liquidation) (Respondent) (Virgin Islands)

Court of Appeal of the Eastern Caribbean Supreme Court (British Virgin Islands)

Whether the Court of Appeal erred in applying the Duomatic principle and holding the Defendants personally liable.

JCPC 2020/0003

Attorney General of Trinidad and Tobago (Respondent) v Tobago House of Assembly (Appellant) (Trinidad and Tobago)

Court of Appeal of the Republic of Trinidad and Tobago

Whether the Court of Appeal of Trinidad and Tobago erred in finding that: i) section 25(2) of the Tobago House of Assembly Act did not empower the Executive Committee of the Tobago House of Assembly (THA) to enter into such contracts as would constitute a 'build-own-lease-transfer' (BOLT) arrangement; and

JCPC 2024/0016

Marcia Ayers-Caesar (Respondent) v The Judicial and Legal Service Commission (Appellant) (Trinidad and Tobago)

Court of Appeal of the Republic of Trinidad and Tobago

JCPC 2023/0104

Steven Goran Stevanovich (Appellant) v Matthew Richardson and another (as Joint Liquidations of Barrington Capital Group Ltd (In Liquidation)) (Respondent) (Virgin Islands)

Court of Appeal of the Eastern Caribbean Supreme Court (British Virgin Islands)

Can the appellant, as the former director of a company in liquidation, apply under section 273 of the Insolvency Act 2003 to reverse a decision made by the liquidators of the company to admit a claim in the liquidation?

JCPC 2021/0117

Ricardo Farrington (Appellant) v The King (Respondent) (Bahamas)

Court of Appeal of the Commonwealth of the Bahamas

Should the Appellant be re-sentenced for murder in light of the Privy Council's decision in Bowe and another v The Queen [2006] UKPC 10?

JCPC 2023/0020

The Corporation of Hamilton (Appellant) v Attorney General and another (Respondents) (Bermuda)

Court of Appeal for Bermuda

Whether section 1 of the Constitution of Bermuda is independently and directly enforceable, and if so whether certain legislative measures contravened the Appellant's rights to protection of law and to protection from deprivation of property without compensation. In any event, whether those legislative measures contravened the rule of law and the separation of powers.