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742 Cases
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/2023/0008
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BUSINESS, PROPERTY, WILLS, AND TRUSTS
Hearing listedCase 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: 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
JCPC/2023/0119
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BUSINESS, PROPERTY, WILLS, AND TRUSTS
Hearing listedCase summary:(1) Does the Law of Property and Conveyancing (Condominium) Act 1965 (the “1965 Act”) prohibit the delegation of the Respondent’s statutory duties? (2) Do “contributions” under the 1965 Act include management fees charged by a third party carrying out the Respondent’s statutory management functions? (3) Did the trial judge err in refusing to award interest on the damages awarded to the Appellants?
Last updated: 21 January 2025
JCPC/2023/0114
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BUSINESS, PROPERTY, WILLS, AND TRUSTS
Hearing listedCase summary:Was the Court of Appeal wrong to hold that (i) there was no binding agreement to pay an additional sum under the contract for services in the absence of approval by the Respondent’s board, and (ii) in the alternative, there was no consideration for a separate agreement to pay the additional sum?
Last updated: 21 January 2025
JCPC/2024/0005
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CONSTITUTION
Hearing listedCase summary:Did the Governor of the Cayman Islands have the power by reason of section 81 of the Cayman Islands Constitution Order 2009 (the “Constitution”) to enact the Civil Partnership Law 2020? If not, what is the appropriate relief?
Last updated: 21 January 2025
JCPC/2024/0012
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BUSINESS, PROPERTY, WILLS, AND TRUSTS
Hearing listedCase summary:To be updated in due course.
Last updated: 21 January 2025
JCPC/2024/0001
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PUBLIC LAW AND HUMAN RIGHTS
Hearing listedCase summary:Does the Water and Sewerage Ordinance (No.32 of 1994) (the “Ordinance”), on its true construction, permit the appointment of more than one water undertaker for any specific area?
Last updated: 21 January 2025
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