Permission to Appeal - December 2022

You may need to turn your phone when viewing table on mobile phone

Case Name	Justices	PTA	Reasons given
Nicola Cathan (Appellant) v The State of Mauritius (Respondent) (Mauritius) JCPC 2022/0058	Lord Briggs Lord Sales Lord Hamblen	Refused 8 December 2022	Permission to appeal be refused because there is no risk that as serous miscarriage of justice has occurred.
Uriah Woods (Appellant) v The State (Respondent) (Trinidad and Tobago) JCPC 2022/0056 Neutral Citation Number Ct App No T31 of 2015	Lord Briggs Lord Sales Lord Hamblen	Refused 8 December 2022	Permission to appeal be refused as the evidence of Dr Latham does not justify the grant of permission in circumstances where it recognises the need for a psychological assessment to be carried out and recommends a further psychiatric assessment. If such evidence becomes available and supports an appeal the Board would be prepared to reconsider the matter without prejudice to the other arguments raised by both the Appellant and the Respondent.
Gangaram Deira (Appellant) v Jaylall Mulloo and 4 others (Respondents) (Mauritius) JCPC 2022/0081 Neutral Citation Number SCR 1644 (6B/2/21)	Lord Briggs Lord Sales Lord Hamblen	Refused 8 December 2022	Permission to appeal be refused because the application does not raise an arguable point of law of general public importance. The Appellant's claim was time-barred.
Mohammad Rafiq Ahmed Fareed Esmael Peermamode (Appellant) v The State of Mauritius and others (Respondents) (Mauritius) JCPC 2022/0072 Neutral Citation Number 2022 SCJ 25	Lord Briggs Lord Sales Lord Hamblen	Refused 8 December 2022	Permission to appeal be refused because there is no appeal as of right: interpretation of the Constitution not in issue. The Courts below were correct on duplicity and the delay, although significant, did not involve a serious miscarriage of justice.
Ouvendranath Muslayah (Appellant) v The State of Mauritius (Respondent) (Mauritius) JCPC 2022/0039	Lord Hodge Lord Kitchin Lord Stephens	Refused 20 December 2022	Permission to appeal be refused because there is no risk that a serious miscarriage of justice has occurred; and the proposed appeal is devoid of merit and has no prospect of success.
In the following cases, the advice which the Board proposes to give His Majesty is as indicated below
Candey Ltd (Appellant) v Russell Crumpler and another (as Joint Liquidators of Peak Hotels and Resorts Ltd (in Liquidation)) (Respondent) (British Virgin Islands) JCPC 2022/0026 Neutral Citation Number BVIHCMAP 2020/0021	Lord Hodge Lord Kitchin Lord Stephens	Refused 14 December 2022	Permission to appeal should be refused because the appeal does not raise an arguable point of law of general public importance. This is a procedural matter for determination by the local courts.
The National Export-Import Bank of Jamaica Ltd (Respondent) v Stewart Brown Investments Ltd (Appellant) (Jamaica) JCPC 2022/0047 Neutral Citation Number [2021] JMCA Civ 40	Lord Hodge Lord Kitchin Lord Stephens	Refused 14 December 2022	Permission to appeal should be refused because the appeal does not raise an arguable point of law of general public importance.
Apollon Metaxides (Appellant) v Johann D Swart and 3 others (Respondents) (Bahamas) JCPC 2022/0053 Neutral Citation Number SCCivApp No 103 of 2020	Lord Hodge Lord Kitchin Lord Stephens	Refused 14 December 2022	Permission to appeal should be refused because the appeal does not raise an arguable point of law.
Ray Morgan (Appellant) v The King (Respondent) (Jamaica) JCPC 2022/0071 Neutral Citation Number [2021] JMCA App 15	Lord Hodge Lord Kitchin Lord Stephens	Granted 14 December 2022
Stephen Stubbs (Appellant) v The King (Respondent) (Bahamas) JCPC 2022/0045	Lord Briggs Lord Sales Lord Hamblen	Refused 14 December 2022	Permission to appeal be refused because there is no risk that a serious miscarriage of justice has occurred in this case.