Privy Council judgments, 2021

The statutory power under section 20 of the Integrity Commission Ordinance to summon witnesses and require documents must be read in its legislative and…

An application to set aside an arbitral award for procedural non-compliance requires more than proof of a departure from the arbitration agreement. Where the…

The scope of the Access Directive 2002/19/EC is defined by its scope provision and cannot be enlarged by a broad definition of access. Article 5 does not…

The scope of a professional valuer’s duty is determined objectively by the purpose for which the valuation was commissioned and the risk it was intended to…

The threshold for leave to apply for judicial review is low. Leave should be granted where there is an arguable ground with a realistic prospect of success…

Professional disciplinary bodies must observe high standards of fairness and provide a fair opportunity to answer misconduct allegations. Procedural fairness…

Fresh evidence on a criminal appeal requires a rigorous qualitative assessment of its integrity, relevance and cogency before admission. The Court of Appeal…

In a contract for the sale of land, the purchaser's promise to pay the agreed price is consideration. Failure to pay is a breach of performance, not an absence…

On a final appeal, the Privy Council will not ordinarily disturb concurrent factual findings by the courts below. An appeal requires legal error undermining…

A court possessing equitable or statutory injunction powers may grant a freezing injunction against a person over whom it has personal jurisdiction to support…

An appellate court with broad statutory powers to draw factual inferences may decide factual issues itself rather than remit, particularly where the appellant…

The reflective loss rule is a narrow rule of substantive company law, not a procedural rule against double recovery. It bars a shareholder’s claim only where…

For discrimination under section 16 of the Cayman Islands Constitution, the facts must fall within the ambit of a substantive right. That requires a value…

A partial defence of diminished responsibility requires proof of a mental abnormality, a legally recognised cause, and substantial impairment of mental…

In extradition proceedings, statutory authentication is satisfied where documents containing sworn testimony purport to be certified as originals or true…

On an appeal under Mauritius Revenue Authority Act 2004 section 21, a court may intervene only for a wrong legal test, a conclusion which no properly…

Section 4(a) protects the right to a fair legal system, not an infallible one. Ordinary appeal is normally the remedy for judicial error, and imprisonment…

At common law, a trial judge has a discretion to control cross-examination of a witness as to credit. The discretion requires consideration of the proposed…

An express trust of shares may arise without a contract between the settlor and beneficiaries. The essential requirements are certainty of intention, certainty…

Under the International Arbitration Act 2008, a supervisory court must respect an arbitral tribunal’s final determination of fact or law within its…

Constitutional rights must be construed generously and purposively, having regard to their language, context and evolving social conditions. The due process of…

Constitutional relief should not be pursued where a parallel legal remedy provides adequate redress, unless a special feature at least arguably demonstrates…

A certificate under section 21(1) of the Court of Appeal Act of the Commonwealth of The Bahamas must itself identify and state the point or points of law of…

A commercial settlement or Crown lease made in the Crown’s capacity as landowner is a private-law transaction. It is not a planning decision and cannot itself…

A serious-irregularity challenge under section 90 of the Arbitration Act 2009 requires both a listed irregularity and substantial injustice. The threshold is…

Section 20 of Mutual Assistance (Criminal Matters) Act 1995 provides for a judicial proceeding when a judge takes evidence on oath for a foreign investigation.…

Under section 3(4) of the Criminal Law Act, an arresting officer need not identify a precise statutory offence. The officer must, however, genuinely suspect an…

An appellate challenge based on excessive delay in delivering a fact-sensitive judgment requires careful scrutiny of the trial judge’s findings, reasoning…

Forfeiture proceedings in a Resident Magistrate’s Court should be approached with practical tolerance. Where legislation requires a plaint, filing is effective…

An appellate court should interfere with concurrent findings of fact only in rare or unusual cases involving an identifiable material error or miscarriage of…

The contractual effect of a mediator’s award must be determined by reading the award as a whole and giving effect to all operative provisions. A sanction…

The Privy Council will ordinarily not interfere with concurrent findings of fact by a trial court and an intermediate appellate court. That practice imposes a…

Under section 184I of the BVI Business Companies Act 2004, the court has a broad remedial discretion once unfair prejudice is established. It may consider all…