Privy Council judgments, 2026

A director relying on subsequent unanimous shareholder authorisation under section 159(9) of the Companies Act 2001 must plead and establish that defence to…

In a trespass and possession claim concerning unregistered land, the claimant need prove only a better right to possession than the defendant.…

Under a Torrens-model land registration regime, a general savings provision protecting Crown interests conferred by other legislation must be read consistently…

An appellate court may replace a trial judge’s finding of primary fact only where it is plainly wrong: the finding must be one that no reasonable judge could…

A binding contract is identified objectively from the parties’ words and conduct, asking whether they intended legal relations and had agreed all essential…

A judge of the Mauritian Intermediate Court acting within jurisdiction has complete common-law immunity from personal civil liability for words or gestures in…

The Privy Council will not normally revisit concurrent findings of fact unless an arguable exceptional circumstance justifies departure from that settled…

A statutory condition requiring a company to carry out its core income generating activities in Mauritius links the location of activity to the income eligible…

An arrest under section 9 of the Immigration Act requires proof of three cumulative matters: reasonable cause to suspect an immigration offence, necessity for…

A contract may provide the contractual basis for payment of a statutory end-of-year gratuity. The employer’s obligation is discharged if the contractual…

For the anti-avoidance provisions in the Income Tax Act, the Revenue must identify a tax-reducing transaction and hold a subjectively genuine opinion…

Applications to strike out an appeal for want of prosecution and for abuse of process engage related but distinct tests. Want of prosecution is assessed…

The statutory defence of provocation has subjective and objective elements. The jury assesses whether the accused lost self-control and whether the provocation…

A company in liquidation cannot use the derivative-action procedure in the Companies Act 2001, which is structured around directors and shareholders, to…

The constitutional power to appoint and promote public officers does not include the power to set minimum qualifications. Subject to legislation, that function…

In a constitutional claim where relief is discretionary, delay may amount to abuse of process or justify refusing relief. The court should ask whether the…

A Preliminary Unexplained Wealth Order requires only reasonable suspicion of the statutory matters, not proof of a specified offence or a conviction. The…

Constitutional redress is a fail-safe, not an alternative route for reopening a concluded criminal case. Under the proviso to section 15(2) of the Constitution…

On a second appeal, the Privy Council ordinarily does not revisit concurrent factual findings by two lower courts. Departure requires a miscarriage of justice…

Judicial review is a remedy of last resort, but an alternative statutory remedy bars review only if it is effective and efficient in cost and convenience. A…

Under the Freedom of Information Act 1999, once a statutory exemption applies, section 35 requires the public authority to balance all relevant public-interest…

Section 16(1) of the Registration of Deeds Act of Trinidad and Tobago creates a general priority rule for every registrable deed affecting land. Priority is…

An appellate court reviewing an Industrial Court on a question of law must not reweigh evidence. It may interfere with a factual finding only where an…

Where a trust deed gives a fiduciary protector power to consent to a trustee’s proposed exercise of power but does not specify the protector’s role, the issue…

Formal compliance of a foreign power of attorney does not end an attorney’s professional responsibility where circumstances raise suspicion that it is forged…

The rule in Rylands v Fletcher imposes strict liability for physical damage caused by the escape of an exceptionally dangerous thing kept on land. Liability…

Where a contract contains no express termination period, the court must assess reasonable notice in two stages. Whether a notice term is implied depends on the…

In defamation, the meaning of words is assessed by asking what an ordinary, reasonable reader or hearer would understand from the publication in context, and…

An appellate court must not interfere with trial findings merely because it would assess the evidence differently. Intervention requires a clear, material…

A claimant in negligence must prove both careless conduct and damage. Uncontradicted first-hand evidence may establish an injury caused by an accident…

The statutory requirement that a chair be independent of Government, Business and Labour concerns freedom from their control or influence and the personal…

A public service commission may make a promotion decision with retroactive effect even if the officer has left service by the decision date, provided the…

Under a design-and-build lump-sum contract, work is not a variation merely because it is more onerous or was treated as such by the engineer. The question is…

A medical consultant directing an operative delivery has a personal duty to ensure that he and the team obtain the fetal information needed for timely…