Privy Council judgments, 2014

Apparent bias is assessed by asking whether the fair-minded and informed observer, having considered the relevant facts and context, would conclude that there…

Secondment of a police officer to an independent anti-corruption body under the Prevention of Corruption Act 2002, section 24(5)(b), does not remove the…

When a company is wound up in its place of incorporation, its worldwide assets are subject to a statutory scheme for collective distribution. A creditor…

A clause in a trust instrument identifying a country as the forum for administration does not necessarily select that country’s courts. In context, forum of…

Where statutory protection against surrender engages a constitutional prohibition on retrospective criminal liability, the Gibraltar court must itself decide…

In a contract governed by foreign law, expert evidence establishes the foreign rules of construction and any relevant technical meaning. The court itself…

An overseas company cannot ordinarily be wound up under Part XIII of the Companies Act 1981 merely because it holds shares or other assets in Bermuda. Under…

Adverse possession between beneficiaries of the same trust was possible under the legislation in force before the Limitation Act 1988. A beneficiary who…

A spectrum licence cannot be extended by an informal amendment where the statutory scheme requires an application, compliance with the Spectrum Plan, entry in…

A power to regulate procedure does not include an implied power to waive requirements in a defined promotion scheme. Where regulations create a staged process…

The independent nature of an irrevocable letter of credit requires an issuing bank to honour conforming documents despite disputes under the underlying sale…

A hypothec secures a debt but does not replace the debtor’s personal obligation. A creditor may therefore pursue a personal action for repayment while leaving…

Malicious prosecution requires proof that the prosecutor lacked reasonable and probable cause and acted with malice. Malice means an improper purpose, other…

A statutory scheme regulating prepayment land sales must be construed as a whole. A contract made contrary to the vendor prohibition in the Real Estate…

An exemption for cash transactions commensurate with a customer’s lawful business activities is directed to businesses with a pattern of substantial cash…

Where Public Service Commission Regulations, regulation 26 applies, seniority is a general rule for an acting appointment, not an absolute command. A…

A final appellate tribunal should not review concurrent findings of fact made by two lower courts merely because an appellant seeks to reweigh evidence or…

In a competition between documentary titles to land, the court determines which claimant has the better title. A claimant cannot derive title through a person…

On an application to discharge an interim injunction granted to preserve a court undertaking, the question is whether the respondent can presently rely on a…

The common-law requirement that justice be seen to be done is assessed objectively. The question is whether a fair-minded and informed observer, having…

An appellate court may overturn a trial judge’s factual findings only where they were plainly wrong. The appellate court must decide whether the findings were…

Under the Patent Act 1857, novelty is assessed by reference to what was known or used in Jamaica. A prior foreign patent does not by itself prevent a Jamaican…

On an appeal by a public prosecutor against sentence, an appellate court may increase the sentence only where it was wrong in law or plainly too low, making…

Under the Occupiers Liability Act, occupier status depends on control of the premises, not ownership alone. More than one person may be an occupier, and the…

A supplier’s performance of services under a management agreement does not, without the relevant party’s agreement, novate the existing contract. A contractual…

At common law, a public highway requires both dedication by the landowner and acceptance by the public. The scope of any dedication depends on the wording of…

Courts enforcing New York Convention awards must adopt a pro-enforcement approach and refuse enforcement only on limited statutory grounds. The enforcing court…

Where hearsay evidence is admitted, the jury should be reminded that the absent source cannot be seen or cross-examined. The judge should explain both the risk…

A mistaken payment cannot be recovered as unjust enrichment where it discharged a valid contractual debt, unless the mistake avoided the contract. Only an…

The Director of Public Prosecutions has no general power to prevent the police, private citizens or other authorities from instituting criminal proceedings. A…

A criminal conviction does not by itself make a veterinary surgeon unfit to practise. Under the Veterinary Surgeons Act 1966, the relevant question includes…

Telephone interception engages the constitutional protection of freedom from interference with correspondence. A statutory scheme for secret surveillance may…

The offence of scandalising the court remained part of Mauritian law. Its compatibility with section 12 of the Constitution of Mauritius depended on whether it…

An advising bank under the Uniform Customs and Practice for Documentary Credits does not assume liability to the beneficiary for payment merely by advising a…

Where the prosecution advances radically inconsistent accounts, the jury may be directed to consider each account separately. The prosecution may not combine…

Under the Civil Proceedings Rules, the restriction in rule 35.3 concerns a party’s ability to request information and the timing of an application compelling a…

Compensation for compulsory acquisition must be assessed on evidence that permits a proper valuation. Under a sales-comparison approach, a bare appraisal of…

For money laundering under the Proceeds of Crime Act 2008, section 140(1), the prosecution must prove that the defendant was concerned in an arrangement which…

Provocation remains a two-stage enquiry into actual loss of self-control caused by provocative conduct and the objective reasonableness of the reaction. There…

A conviction may be unsafe where a trial judge admits a first-time dock identification but gives only a standard eyewitness-identification direction. If…

An affidavit supporting a motion under rule 2(2) of the Supreme Court Rules 2000 need not be made by the mover or the mover’s proxy. The essential requirement…