privy council caribbean -...

This is a quick reference guide to Privy Council Judgments that

were appealed from the Commonwealth Caribbean territories and which are lo-

cated on the Privy Council’s website

[http://www.privy-council.org.uk/output/Page31.asp]

QUICK REFERENCE/ Court Library Services, Supreme Court Library

JUD IC IARY OF THE REPUBL IC OF TR IN IDAD AND TOBAGO

Supreme Court Library

Hall of Justice, Third Floor

Knox Street

Port of Spain

Phone:868- 623-7969, ext.2366

Fax:868-627-8489

Email: [email protected]

Table of Contents Click on case name to get to full text page on Privy Council Site.

COUNTRY GO TO PAGE

Anguilla 2

Antigua and Barbuda 2

Bahamas 4

Barbados 10

Belize 11

Bermuda 12

British Virgin Islands 14

Cayman Islands 15

Dominica 17

Grenada 18

Jamaica 20

Montserrat 29

St. Christopher & Nevis 30

St. Lucia 31

St. Vincent 32

Trinidad and Tobago 34

Turks and Caicos Islands 48

Anguilla

2001 (1) John Benjamin (2) Mildred Vanderpool

and (3) Sidney Gumbs v. The Hon. Minister

of Information and Broadcasting and (2)

The Attorney General for Anguilla (Appeal

No. 2 of 1999)

Anguilla 14th

February

2001

2002 (1) Myron Goldfinger and (2) Cove

Castles Development Corporation v.

Norman Luxemburg (Appeal No. 95 of 2001)

Anguilla 11th

November

2002

Antigua and Barbuda

2000

John Earl Baughman v. The

Queen (Appeal No. 76 of 1998)

Antigua and

Barbuda

25th May

2000

2001 Observer Publications Limited v.

(1) Campbell "Mickey" Matthew

(2) The Commissioner of Police

and (3) The Attorney General

(Appeal No. 3 of 2000)

Antigua and

Barbuda

19th March

2001

Confessor Valdez Franco v. The


Antigua and

Barbuda

14th August

2001

2003

14. Eustace Potter v. Port

Services Limited (Appeal No.

48 of 2001)

Antigua and Barbuda 6th February 2003

64. Antigua Public Utilities

Authority v Malcolm

Alphonso Edwards (Appeal

No.35 of 2002)

Antigua and Barbuda 2nd October 2003

2005 27. ( George Ryan; Paul Ryan v Strickland jarvis

(Appeal No. 60 of 2003)(Appeal No. 60 of 2003) Antigua and

Barbuda 29th June

2005

2006

Stanford International Bank Limited

v Austin Lapps (Appeal No. 19 of

2005)

Antigua and

Barbuda 20th November

2006

Joseph W Horsford v Lester B Bird

and others (Appeal No. 43 of 2004) Antigua and

Barbuda 28th November

2006 (Reasons

for decision on

costs)

2007

Judicial

review -

Land

acquisition

– hotel

property

HMB Holdings Ltd. v Cabinet of

Antigua and Barbuda (Appeal No. 18

of 2006)

Antigua and

Barbuda 5th June 2007

Family law-

property

settlement-

beneficial

interest

Lynne Anne Abbott v Dane Norman

Lawrence Abbott (Appeal No. 142 of

2005)

Antigua and

Barbuda 26th July

2007

2008

Land-

beneficial

interest or

licence –

proprietary

estoppel

Elaine Knowles v. George Knowles as

Executor and Beneficiary of the Estate of

Oliver Knowles, deceased (Appeal No 28 of

2007)

Antigua and

Barbuda

9th June

2008

http://www.privy-

council.org.uk/files/other/Knowles%20v%20Knowles.doc

BAHAMAS

Pre 1999

21. Dwight Lamott Henfield v. The Attorney General of

the Commonwealth of The Bahamas (Appeal No. 26

of 1996) and Ricardo Farrington v. The Attorney

General of the Commonwealth of The Bahamas


The

Bahamas

14th

October

1996

22. Trevor Nathaniel Fisher v. The Minister of Public

Safety and Immigration and Others (Appeal No. 53 of

1997)

The

Bahamas

16th

December

1997

23. Trevor Nathaniel Fisher v. The Minister of Public

Safety and Immigration and Others (Appeal No. 35 of

1998)

The

Bahamas

5th October

1998

15. Thomas Reckley v. The Minister of Public Safety

and Immigration and others (Petition for a stay of

execution)

The

Bahamas

13th June

1995

16. Thomas Reckley (No. 2) v. The Minister of Public

Safety and Immigration and others (Petition for a

stay of execution)

The

Bahamas

5th

February

1996

1999

55. John Junior Higgs and David Mitchell v. The

Minister of National Security and Others (Appeal

No.45 of 1999)

The

Bahamas

14th

December

1999

2000

25. Alain Charron v. Government of the United States

of America (Appeal No.53 of 1999)

The

Bahamas

26th June

2000

31. The Bahamas District of the Methodist Church in

the Caribbean and the Americas and Others V. The

Hon. Vernon J. Symonette M.P. Speaker of the

House of Assembly and 7 Others (No. 70 of 1998)

The Bahamas 26th

July

2000

and Ormond Hilton Poitier and 14 Others V. The

Methodist Church of The Bahamas and Others


2001

19 Forrester Bowe (Junior) v. The Queen (Appeal No.

48 of 2000)

The

Bahamas

10th April

2001

58 Jeanette Walsh (as executrix of the estate of

David G. Walsh) and Others v. Deloitte & Touche

Inc., Trustee of the estate of Bre-X Minerals

Limited., a bankrupt (Appeal No. 37 of 2000)

Bahamas 17th

December

2001

2002

3. Marvin Murphy v. The Queen (Appeal No. 34 of

2001)

The Bahamas 31st

January 2002

23. Philip Joshua Rahming v. The Queen (Appeal

No. 33 0f 2001)

Bahamas Bahamas 4th

December

2001 Reasons

given 20th May

2002

27. Lloyds TSB Bank plc v. (1) Paul Frederick Clarke

(Liquidator of Socimer International Bank

Limited) and (2) Chase Manhattan Bank

Luxembourg S.A. (Appeal No. 41 of 2001)

Bahamas Reasons

given 29th

May 2002

46 Prince Pinder v. The Queen (Appeal No. 40 of 2001) The

Bahamas

15th July 2002

Reasons for

Report 23rd

September

2002

66 Commercial Innovation Bank Alfa Bank v. Victor

Kozeny a.k.a. Viktor Kozeny (Appeal No. 5 of 2002)

The

Bahamas

11th

December

2002

2004

10. FrankCartwright and Samuel Knowles v The

superintendant of Her Majesty's Prison; The

Government of the United States of america (Appeal

No.40 of 2003)

Bahamas 10th

February

2004

31. Oswald Archer; Rupert Watkins v The Registrar

General; The Attorney General

The

Bahamas

24th June

2004

2005

Austin Knowles and Ors. v Superintendent Culmer

(Superintendent of H.M. Prison Fox Hill) and Ors.


Bahamas 23rd March

2005

22. Sidney Stubbs v Gina Gonzales; The Attorney

General

Bahamas 3rd May 2005

Reasons for

report

25th May

2005

2006

8. Arcadi Gaydamak; Alexandre Gaydamak v UBS

Bahamas Ltd; The Attorney General of the

Bahamas (Appeal No. 67 of 2004)

Bahamas 31st January 2006

Reasons for

Decision -28th February 2006

Criminal

law

Forrester Bowe (Junior); Trono Davies v The


Bahamas 8th March

2006

Banking Suisse Security Bank & Trust Limited v Julian

Francis (in the capacity of Governor of the

Central Bank of the Bahamas) ( Appeal No. 66 of

2004)

Bahamas 13th

March

2006

Criminal

law-

homicide-

evidence-

confession-

sentence.

Ronald George Simmons; Robert G. Greene v The

Queen (Appeal No. 33 of 2005))

Bahamas 3rd

April

2006

Company

law-mutual

funds-rights

attaching to

various

classes of

shares.

(1) HSBC Bank Middle East (Representative of

Class B Investor Shareholders) (2) HSBC

Investment Bank PLC (Representative of Class B

Investor Shareholders)(3) HSBC Private Banking

Nominees (Jersey) Limited (Representative of

Class B Investor Shareholders)(4) Hunter Douglas

Holdings Limited (Representative of Class B

Investor Shareholders) (5) Lazamar Foundation

(Representative of Class B Investor Shareholders)

(6) Montsol Investments Inc. (Representative

of Class B Investor Shareholders) v. (1) Paul

Clarke (Joint Liquidator of the Oracle Fund

Limited) (2) Maria Ferere (Joint Liquidator of the

Oracle Fund Limited) (3) Cantrade Privatbank AG,

now named Ehinger & Armand Von Ernst AG

(Representatives of Class A Investor Shareholders) (Appeal No. 60 of 2004)

Bahamas 21st

June

2006

Criminal law-

homicide-

identification-

alibi

Mark Anthony Capron v The Queen (Appeal No.

32 of 2005)

The

Bahamas

29th

June

2006

Extradition-

habeas

corpus

Samuel Knowles Jr v The Government of the

United States of America; the Superintendent

of Prisons of the Commonwealth of the

Bahamas (Appeal Nos.64 of 2004 and 70 of

2005)

The

Bahamas

24th

July

2006

Practice-

action-

striking out-

O.18, r.19-

constitutional

proceedings

(1) The Right Honourable Hubert Ingraham MP

(Prime Minister of the Commonwealth of the

Bahamas, sued in his official and in a

reprsentative capacity) (2) The Honourable Sir

William Allen MP (Minister of Finance, sued in

his official and in a representative capacity) (3)

The Compliance Commission (4) The Inspector

of Financial and Corporate Services (5) The

Attorney General of the Bahamas v. (1) Maurice

O. Glinton (2) Leandra A. Esfakis (Appeal No. 53

of 2005)

The

Bahamas

24th

July

2006

Costs-costs of

appeal to

Privy Council

Suisse Security Bank and Trust Limited v

Julian Francis (in his capacity of Governor of

the Central Bank of the Bahamas) (Appeal

No. 66 of 2004)

The

Bahamas

27th

July

2006

Richard George Campbell v The

Queen (Appeal No. 80 of

2005)(Appeal No. 80 of 2005)

The

Bahamas

30th November

2006

Dr. Anneliese Diedrichs-Shurland;

Excalibur Investments Holdings Ltd v

Talanga-Stiftung; Franz Wilhelm

Kohlrautz (Appeal No. 22 of 2005)

The

Bahamas

6th

December

2006

2007

Criminal law-

several

offences-

sentence-

increase of

sentence

Marco Oliver v The Queen (Appeal

No. 21 of 2005)

The Bahamas 26th

February

2007

Company-

shares-

presumption

of

advancement

Lena Weber Antoni; Peaches Limited

v M Kirk Antoni; Melanie M Malone;

A. Blair Antoni (Appeal No. 1 of

2006)

The Bahamas 26th

February

2007

Contract for

sale-shares-

fair market

value

Emanuel Alexiou; Anthony Ferguson

v James A. Campbell (Appeal No. 63

of 2006)

The Bahamas 26th

February

2007

Champerty-

assignment of

cause of

action

Damages-loss

of profits

Massai Aviation Services; Aerostar

Limited v The Attorney General;

Bahamasair Holdings Ltd (Appeal

No. 58 of 2005)

The Bahamas 26th

February

2007

FFSB Limited (Formerly known as

Fortis Fund Services (Bahamas)

Limited v Seward & Kissel LLP


The Bahamas 13th March

2007

Escrow

agreement-

whether

existence

capable of

determination-

Appeal-point

raised on

appeal to Privy

Council but not

in Court of

Appeal-

whether can

be raised in

P.C.

Geosurvey Holdings Limited v BSI

(Overseas) (Bahamas) (Appeal No.

66 of 2005)

The Bahamas 14th February

2007

Reasons for

Decision -

25th April 2007

Master and

Servant-

employee or

agent—

reasonable

notice

John Hanna v Imperial Life

Assurance Company of Canada


The Bahamas 2nd May 2007

Practice –

action-

pleadings-

striking out

Conticorp S.A.; Leonidas Ortega

Trujillo; Luis A. Ortega; Jamie

Ortega v The Central Bank of

Ecuador; Banco Continental S.A.;

Banco Continental Overseas N.V.;

Interamerican Asset Management

Fund Limited (Appeal No. 43 of

2006)

The Bahamas 20th June

2007

Extradition Lemuel Gibson v The Government of

the United States of America


The Bahamas 23rd July

2007

Extradition Trevor Thomas Roberts; Devroy Moss;

Sheldon Athelston Moore; Lionel Deal;

Shanto Curry; Gordon Newbold v The

Minister of Foreign Affairs; The

Superintendent of Prisons (Fox Hill); The

Attorney General of The Commonwealth of

the Bahamas (Appeal No. 70 of 2006)

The

Bahamas 24th July

2007

Reasons for

Decision

15th

October 2007

2008

The Bahamas Telecommunications

Company Limited v Public Utilities

Commission; System Resource Group Limited (Appeal No. 19 of 2007)

The

Bahamas

12th

February

2008

Sale of land-

sale by court

order

James F Walker v Susan Lundborg


The

Bahamas

6th March

2008

Criminal law-

homicide-

evidence-

admissibility

Quincy Todd v The Queen (Appeal

No. 95 of 2006)

The Bahamas 8th April 2008

BARBADOS

1999

15. Arleigh Hector James v. The Queen (Appeal No. 5

of 1998)

Barbados 22nd March

1999

39. Evelyn Henry v. Mount Gay Distilleries Limited

(Appeal No.43 of 1998)

Barbados 21st July

1999

2001

16 Marion Lorde (Administratrix of the Estate of

Desmond Cave, deceased) v. The Transport Board


Barbados 29th

March

2001

56 Richard Hinds v. (1) The Attorney General and (2)

The Superintendent of Glendairy Prison (Appeal No.

28 0f 2000)

Barbados 5th

December

2001

2004 7.

Michael McDonald Huggins v The Queen (Appeal Barbados 29th

No.98 of 2002) January

2004

32. Lennox Ricardo Boyce; Jeffrey Joseph v The Queen


Barbados 7th July

2004

58

.

Tennyson Winston Griffith and Ors. v The Queen


Barbados 16th

December

2004

2007

Criminal law-

homicide-

felony/murder

rule

Trevor Anderson Foster; Cedric

Leon Williams v The Queen (Appeal

Nos. 60 and 61 of 2006)

Barbados 23rd January 2007

Reasons for

Decision - 29th March 2007

BELIZE

1999

27. Dean Tillet v. The Queen (Appeal No.56 of 1998) Belize 28th June 1999

2001

26 Norman Shaw v. The Queen (Appeal No.58 of 2000)

Belize 24th May 2001

27 Cleon Smith v. The Queen (Appeal No.59 of 2000)

Belize 24th May 2001

2002

11. Patrick Reyes v. The Queen (Appeal No.64 of 2001)

Belize 11th March 2002

2003

20. Corozal Free Zone Development Ltd v. Belize 10th March 2003

Flynagen Ltd (Appeal No. 96 of 2001)

40. Aurelio Pop v. The Queen (Appeal No. 31

of 2002)

Belize 22nd May 2003

63. The Belize alliance of Conservation Non-Governmental

Organisations v The Department of Environment; Belize

Electricity Company Limited (Judgment upon a petition

for a Conservatory Order)

Belize 13th

August

2003

2004

6

. The Belize Alliance of Conservation Non-Governmental

Organizations v Department of the Environment; Belize Electric Company Limited (Appeal No. 47 of 2003)

Belize 29th

January

2004

2005

George Meerabux v The Attorney General of Belize


Belize 23rd March

2005

2006 Nasser Diab v Regent Insurance Company Limited


Belize 19th June

2006

2008

Criminal law-

homicide-

evidence-

identification-

dock

identifications-

Leslie Pipersburgh; Patrick Robateau v The


Belize 21st

February

2008

BERMUDA

1999

43. Grape Bay Limited v. Attorney General (Appeal

No. 69 of 1998)

Bermuda 28th October

1999

2000

. Justis Raham Smith v. The Queen (Appeal No.44 of

1999)

Bermuda 28th February

2000

12. Teiko David Jamel Furbert and Sheldon Eugenio

Franks v. The Queen (Appeal No.61 of 1998)

Bermuda 23rd March

2000

2002

38. (1) Nicholas Reda (2) Jamal Abdul-Jalil v. Flag

Limited (Appeal No. 63 of 2001)

Bermuda 11th

July

2002

39. (1) Derrick Burgess (2) Chris Furbert (3) Sinclair Smith

(4) Orin Simmons v. Stevedoring Services


Bermuda 15th

July

2002

2003

11. Associated Electric & Gas Insurance Services

Limited v. European Reinsurance Company of Zurich


Bermuda 29th

January

2003

2007

Injunction

pending appeal

to Privy Council

The Commissioner of Police; The Attorney

General v Bermuda Broadcasting Co Ltd;

Bermuda Press Holdings Ltd; Defontes

Broadcasting Co Ltd; Bermuda Sun Ltd;

Defontes Broadcasting Television Ltd

(Petition No. 48 of 2005)

Bermuda 26th June

2007

Delivered

11th July 2007

Criminal law –

drugs-Anthony Eugene Seymour v The Queen

Bermuda 5th

November

supplying a

controlled

drug-Misuse

of Drugs Act


2007

Appeal-

interlocutory

appeal-

injunction-

disclosure of

confidential

police

investigation

files-public

interest-

Media law

Commissioner of Police; Attorney General v

Bermuda Broadcasting co. Ltd.;Bermuda

Press Holdings Limited; Defontes Press

Holdings Co. Ltd.; Bermuda Sun Ltd.;

Defontest Broadcasting Television Ltd.


Bermuda 29th

October 2007

Reasons

23rd

January 2008

2008 Professions-

dentist-

human rights-

indirect

discrimination

David Leo Thompson v. The Bermuda

Dental Board and The Human Rights

Commissioners (Appeal No 8 of 2007)

Bermuda 9th

June

2008

BRITISH VIRGIN ISLANDS

2000

46. T. Choithram International S.A.and Others v.

Lalibai Thakurdas Pagarani and Others (Appeal

No. 53 of 1998)

British

Virgin

Islands

29th

November

2000

50. Geoffrey Cobham v. Joseph Frett (Appeal

No. 41 of 1999)

British Virgin

Islands

18th December

2000

2003

(1) Alexander Benedetto v. The Queen and (2)

William Labrador v. The Queen

(Appeal Nos 62 and 88 of 2002)

British Virgin

Islands

7th April

2003

65. Franklyn Dailey v Harriet Dailey (Appeal

No. 45 of 2002)

British Virgin

Islands

2nd October

2003

2004

12. The Attorney General v Craig Hartwell


The British Virgin

Islands

23rd February

2004

25.

Errol arthurton v The Queen (Appeal No.67

of 2003)

British Virgin

Islands

27th May

2004

70. Alexander Benedetto v The Queen (No.2);

William Labrador v The Queen (No.2) (Appeal

Nos. 68 and 88 of 2002)

British

Virgin

Islands

20th

October

2003

2006

Criminal law-theft-

breach of trust-

fraud-conflict of

interest by public

officer-evidence-

bankers’ books

Ludwis Allen Wheatley; Wesley Penn v

The Commissioner of Police of the British

Virgin Islands (Appeal No. 15 of 2005)

The British

Virgin

Islands

4th

May

2006

David Hague v Nam Tai Electronics

Inc; Tele Art Inc (In liquidation);

Bank of China (Hong Kong) Limited


British

Virgin

Islands

20th

November

2006

2007

Company-

articles of

association-

amendment

Citco Banking Corpration N.V. v

Pusser's Limited; Charles S. Tobias


Eastern

Caribbean

Supreme

Court (British

Virgin

Islands)

28th

February

2007

Sale of land Nathalie Creque v Cecil Penn (Appeal

No. 36 of 2005)

British

Virgin

27th June

2007

Islands

2008

Practice-

service out of

jurisdiction-

CPR. Part

7,OECS

David Hague;

PriceWaterhouseCoopers v Nam Tai

Electronics (Appeal No. 77 of 2006)

British

Virgin

Islands

21st January

2008

Reasons 21st

February 2008

Sale of land-

promissory

note-

illegality-

Court of

appeal-

dismissal of

appeal

Thomas Townsend; Therese

Townsend (deceased) v Persistence

Holdings Limited (Appeal No. 13 of

2007)

British Virgin

Islands

Wednesday 5th

March 2008

Juror-array-

selection-non-

compliance

with statute

Director of Public Prosecutions of the

Virgin Islands v William Penn (Appeal

No. 1 of 2008)

British Virgin

Islands

8th May

2008

CAYMAN ISLANDS

1999

25. Deloitte & Touche AG v. Christopher D. Johnson

and Another (Appeal No.44 of 1998)

The Cayman

Islands

10th June

1999

2000

26. The Attorney General of the Caymen Islands (Third

Appellant) and Others v. Even Wahr-Hansen (Appeal

No.37 of 1998)

Caymen

Islands

26th

June

2000

2001

6 (1) G J Cleaver and (2) Naul Bodden v. Delta

American Reinsurance Company (Appeal No. 5 of

2000)

Cayman

Islands

1st February

2001

2002

16. (1) CVC/Opportunity Equity Partners Limited and (2)

Opportunity Invest II Limited v. Luis Roberto

Demarco Almeida (Appeal No. 4 of 2001)

Cayman

Islands

21st

March

2002

18. The Attorney General for the Cayman Islands v.

Carlyle Rudyard Roberts (Appeal No. 53 0f 2001)

Cayman

Islands

21st

March

2002

19. Barry Victor Randall v. The Queen (Appeal No. 22 of

2001)

Cayman

Islands

16th

April

2002

2003

37. (1) Ian Wight (2) Michael Pilling (3) Michael W.

Mackey v. Eckhardt Marine GmbH (Appeal No. 13 of

2002)

Cayman

Islands

14th May

2003

2005

Bankruptcy

/jurisdiction Barbara Alice Al Sabah; Mishal Roger Al Sabah v

Grupo Torras S.A.; Clifford Culmer as trustee of

the property of Sheikh Fahad Mohammed Al Sabah, bankrupt (Appeal No. 1 of 2004)

Cayman Islands

11th

January

2005

2006 Kurt Fabian Ebanks v The Queen


The Cayman

Islands

27th March

2006

Company

Law –

liquidators -

remuneratio

n

The Attorney General of the Cayman

Islands v [1] James Cleaver and Co.

(as liquidators of Liberty Capital

Limited and Sun Holding Limited) [2]

Christopher Johnson and Nicholas

Freeland (as liquidators of Waterford

Insurance Limited) Appeal No. 20 of

The Cayman Islands 6th

June

2006

2005

Luis Roberto Demarco Almeida v

Opportunity Equity Partners Ltd (Appeal

No. 48 of 2004)of 2004)

The Cayman

Islands

3rd October

2006

Egbert Smith; Quarry Products v Julie

Nicole Harris (Appeal No. 24 of 2005)


Cayman

Islands

30th

October

2006

Dr. Astley McLaughlin v His Excellency the

Government of the Cayman Islands


Cayman

Islands

23rd July

2007

2008

Damages-

assessment-

Vehicular

collision-

Jeff Eaton v Birthram Johnston (Appeal

No. 76 of 2006) and Birthram Johnston v

Jeff Eaton (Appeal No. 38 of 2006)

The Cayman

Islands

14th

January

2008

Insurance-

health

insurance-

liability-

repudiation

http://www.privy-council.org.uk/files/word/Zeller v British Caymanian Insurance.rtf

Cayman

Islands

16th January

2008

Criminal law-

drugs-

importation-

mode of trial-

statute-

interpretation

Donald King Knight v The Attorney

General of the Cayman Islands


The Cayman

Islands

25th

February

2008

Winding up Parmalat Capital Finance Ltd and others v

Food Holdings Ltd (in liquidation); Dairy

Holdings Ltd (in liquidation) (Appeal No. 7

of 2007)

The

Cayman

Islands

9th

April

2008

DOMINICA

2000

42. Cable and Wireless (Dominica) Limited v. Marpin

Telecoms and Broadcasting Company Limited


Dominica 30th

October

2000

2002

68 John A. Charles v. Yvette Barzey (Appeal No. 11

of 2002)

Dominica 19th December

2002

2005

Homicide Bally Sheng Balson v The State


Dominica 6th December

2004

Reasons for

Decision 2nd February 2005

Criminal

law/homicid

e/identificat

ion

evidence.

Leroy Langford; Mwanga Freeman v

The State (Appeal No.42 of 2004)

Dominica 11th May 2005

2008

Statute-

interpretati

on

investment

powers

Dominica Social Security Board v

Nature Island Investment Company

Limited; Marpin Telecoms and

Broadcasting Company Limited


Dominica 2nd April 2008

GRENADA

2000

39. Sharon Otway (Personal representative of the estate

of Thomas Otway, deceased) v. Jean Gibbs (Appeal

No. 30 of 1999)

(Reasons for report)

Grenada 25th

October

2000

2001

30 Jennifer Gairy (as administratrix of the estate of Eric

Matthew Gairy, deceased) v. The Attorney General of

Grenada (Appeal No. 29 of 2000)

Grenada 19th

June

2001

31 Michael Yearwood v. The Queen (Appeal No. 75 of 2000) Grenada 26th

June

2001

37 (1) Andre Bennett and (2) Augustus John v. The


Grenada 17th July

2001

2002

17. The Queen v. Rennie Gilbert (Appeal No. 10 of

2001)

Grenada 21st March 2002

51 Eric Llewellyn Jemmott v. The

Commissioner of Police (Appeal No. 18 of

2001)

Grenada 22nd July 2002 Reasons

14th October 2002

2004

8. George Worme; Grenada Today Limited v Commissioner of Police (Appeal No.71 of 2002)

Grenada 29th

January

2004

18. Dipcon Engineering Services Limited v Gregory

Bowen; The Attorney General of Grenada (Appeal

No.79 of 2002)

Grenada 1st April

2004

2006 Edmund Gilbert v The Queen (Appeal

No. 25 of 2005)

Grenada 27th March 2006

2007

Bernard Coard; Callistus Bernard; Lester

Redhead; Christopher Stroude; Hudson

Austin; Liam James; Leon Cornwall; John

Anthony Ventour; Dave Bartholomew;

Ewart Layne; Colville McBarnett; Selwyn

Strachan; Cecil Prime v Attorney General

(Appeal No.10/ 2006)

Grenada 7th

February

2007

Administrative

Law –tribunal-

Director of

Julia Lawrence v The Attorney General


Grenada 26th March

2007

Audit-

Removal from

office

JAMAICA

Pre 1999

8. Junior Reid, Roy Dennis and Oliver Whylie v. The

Queen and Errol Reece, Robert Taylor and Delroy

Quelch v. The Queen

Jamaica 27th July

1989

11. Earl Pratt and Ivan Morgan v. The Attorney

General for Jamaica and another (Appeal No. 10

of 1993)

Jamaica 2nd November

1993

14. Rupert Crosdale v. The Queen (Appeal No. 13 of

1994)

Jamaica 6th April 1995

18. Michael Gayle v. The Queen


Jamaica 12th June

1996

1999

4. Keith Rutherford Lamb v. Midac Equipment Limited


Jamaica 4th February

1999

17. Crooks v. Jennifer Ebanks (Appeal No. 32 of 1997) Jamaica 30th March 1999

20. Air Jamaica Limited v. Joy Charlton and Others


Jamaica 28th April

1999

28. John Mitchell v. The Queen (Appeal No.62 of 1998) Jamaica 28th June 1999

35. West Indies Alliance Insurance Co. Ltd. v. Jamaica

Flour Mills Ltd. (Appeal No. 24 of 1998)

Jamaica 21st July

1999

52. Helga Stoeckert v. Margie Geddes (Appeal No.66

of 1998)

Jamaica 13th December

1999

2000

5. Alexander Von Starck v. The Queen (Appeal No.22

of 1999)


200

9. Irvin Goldson and Devon McGlashan v. The Queen


Jamaica 23rd March

2000

11. Alcoa Minerals of Jamaica Inc. v. Herbert Broderick


Jamaica March

2000

35. Neville Lewis, Patrick Taylor and Anthony McLeod,

Christopher Brown, Desmond Taylor and Steve Shaw

v. The Attorney General of Jamaica and Another

(Appeals Nos. 60, 65 and 69 of 1999 and 10 of 2000)*

Amended 15th March 2001 on authority of Lord Slynn of

Hadley.

Jamaica 12th

September

2000

41. Alfred Flowers v. The Queen (Appeal No. 54 of 1999) Jamaica 30th

October

2000

43. Bryan Sykes v. The Minister of National Security and

Justice and Another (Appeal No. 25 of 1999) and Legal

Officers Staff Association v. The Minister of National

Security and Justice and Another (Appeal No. 26 of 1999)

(Reasons for report)

Jamaica 26th

October

2000

2001

7 Lascelles Augustus Chin v. Audrey Ramona Chin



2001

12 Robert Smalling v. The Queen (Appeal No. 45 of

2000)

Jamaica 20th March

2001

33 (1) Donald Panton and (2) Janet Panton v. (1) The

Minister of Finance and (2) The Attorney General (Appeal

No. 20 of 2000)

Jamaica 12th July

2001

50 Dextra Bank & Trust Company Limited v. Bank of

Jamaica (Appeal No. 26 of 2000)

Jamaica 26th November

2001

2002

2. Universal Leasing and Finance Limited v. Montego

Vacations Limited (Appeal No. 33 of 2000)

Jamaica 24th January

2002

14. (1) Michael Adams and (2) Frederick Lawrence v.

The Queen (Appeal No. 14 of 2001)

Jamaica 18th March

2002

24. Half Moon Bay Limited v. Crown Eagle Hotels Limited


Jamaica 20th May

2002

26. Union Bank of Jamaica Limited v. Dalton Yap (Appeal

No. 17 of 2001)

Jamaica 28th May

2002

31. Hugh Bonnick v. (1) Margaret Morris (2) The Gleaner

Company Ltd. and (3) Ken Allen (Appeal No. 30 of 2001)

Jamaica 17th June

2002

53 (1) Clifton Shaw (2) Titus Henry (3) Morris Boreland

(4) Donovan Mullings and (5) Junior

Wright (Appeal No. 67 0f 2001)

Jamaica 15th

October

2002

58

(1) Mark Sangster and (2) Randall

Dixon v. The Queen (Appeal No. 8 of 2002)

Jamaica 7th October 2002 Reasons for

Report 6th November 2002

2003

6. The Director of Public

Prosecutions v. Kurt

Mollison (No. 2) (Appeal

No. 88 of 2001)

Jamaica 22nd

January

2003

9. Michael Pringle v. The

Queen (Appeal No. 17 of

2002)

Jamaica 27th

January

2003

13. (1) Donovan Crawford

(2) Regardless Limited &

(3) Alma Crawford v.

Financial Institutions

Services Limited

Judgment upon a Petition

for Special Leave to Appeal

Jamaica 6th February 2003

39. Roy Green v. Vivia Green (Appeal No. 4 of 2002) Jamaica 20th May 2003

49. (1) Donovan Crawford (2) Regardless Limited (3) Alma

Crawford v. Financial Institutions Services

Limited (Judgment upon a petition for Special Leave)

Jamaica 19th

June

2003

51. National Commercial Bank (Jamaica) Limited v. (1)

Raymond Hew and Clifton Hew (as executors of the

estate of Stephen Hew (deceased)) and (2) Raymond

Hew (Appeal No. 65 of 2002)

Jamaica 30th

June

2003

55. (1) The Gleaner Company Limited and (2) Dudley

Stokes v. Eric Anthony Abrahams (Appeal No. 86 of

2001)

Jamaica 14th July

2003

62. Premium Investments Limited; Town and Country

Resorts Limited v The Commissioner of General

Consumption Tax (Appeal No.44 of 2002)

Jamaica 30th

July

2003

69. Andrew Hunter; Marlon Moodie v The


Jamaica 8th October 2003

Reasons for Report

9th July 2003

84. Myra Wills v Elma Roselina Wills (Appeal No. 50

of 2002)

Jamaica 1st December

2003

86. Donald Panton; Janet Panton; Edwin Douglas v

Financial Institutions Services Limited (Appeal No.

95 of 2002)

Jamaica 15th

December

2003

2004

11. Auburn Court Limited v The Kingston and Saint

Andrew Corporation The Building Surveyor; The Town

and Country Planning Authority The Government

Town Planner (Appeal No. 76 of 2002)

Jamaica

23rd

February

2004

16. Carreras Group Limited v The Stamp Commissioner

(Appeal No. 24 of 2003

Jamaica 1st April

2004

27. Dave Antonio Grant v The Director of Correctional

Services (Jamaica); The Director of Public

Prosecutions

(Judgment upon a petition for special leave to appeal)

Jamaica 14th June

2004

29. Michael Carter (trading as Michael Carter Partnership) v

Harold Simpson Associates (Architects) Limited (Appeal

No. 27 of 2003)

Jamaica 14th

June

2004

34. Lambert Watson v The Queen (Appeal No.36 of 2003) Jamaica 7th July

2004

40. Financial Institutions Services Limited v Negril Negril

Holdings Limited; Negril Investment Company Limited


Jamaica 22nd

July

2004

47. Clinton Bernard v The Attorney General of Jamaica

(Appeal No. 30 0f 2003)

Jamaica 7th October

2004

2005

Constitutional

law/Courts-Caribbean

Court of Justice as final

Court of Appeal

Independent Jamaica Council for

Human Rights (1998) Limited and

Ors. v Hon. Syringa Marshall-

Burnett; The Attorney General of Jamaica (Appeal No.41 of 2004)

Jamaica 3rd

Februaury

2005

Jamaica Flour Mills Limited v The

Industrials Disputes Tribunal;

National Workers Union

(Intervenor) (Appeal No.66 of

2003)

Jamaica 23rd March

2005

Criminal

law/motor

manslaughter/rec

kless driving

Uriah Brown v The Queen (Appeal

No. 62 of 2003)

Jamaica 13th April

2005

(1) Vehicles and Supplies Limited and (2)

Vehicles and Supplies (Industrial Division)

Limited v. Financial Institutions Services Limited


Jamaica 28th

June

2005

Judgment-

default

judgment-

set aside

Leymon Strachan v The Gleaner Company

Limited and Dudley Stokes (Appeal No. 33 of

2005) (Appeal No. 33 0f 2005)

Jamaica 25th July

2005

40. Donovan Crawford and Others v Financial

Institutions Services Ltd. (Appeal No. 34 of 2004)

Jamaica 2nd November

2005

43. Evon Smith v The Queen (Appeal no. 44 of

2004)


2005

Criminal law-

homicide-

capital murder.

David Gordon v The Queen (Appeal No.

62 of 2004)

Jamaica 15th December

2005

2006 Criminal law- Steven Grant v The State (Appeal No. 30

of 2005)


2006

Land-

boundary

dispute-

measure of

damages

Joseph W Horsford v Lester B Bird and

Others. (Appeal No. 43 of 2004)


2006

Sale of goods-

motor

vehicles.

Nunes Rent a Car Limited v Union Bank of

Jamaica formerly known as (1) Jamaica

Citizens Bank Limited (2) Eagle Merchant

Bank Limited


2006

Homicide-

confession-

Judges’ Rules

(Shabadine Peart v The Queen (Appeal No.

5 of 2006)


2006

Homicide-

identification

parade-

identification

by recognition

David Ebanks v The Queen (Appeal

No.5 of 2006)


2006

Criminal law-

homicide-

joint

enterprise-

statement

Anthony Taylor v The Queen (Appeal No. 28

of 2005)

Jamaica 13th March

2006

Blue Haven Enterprises Limited v Dulcie

Ermine Tully; Eric Clive Robinson (Appeal

No. 57 of 2004)

Jamaica Reasons for

decision -

21st February 2006

29th March

2006

Criminal Ricardo Williams v The Queen (Appeal No. Jamaica 25th April

law-

homicide-

confession

statement-

admissibility

37 of 2005) 2006

Criminal

law-

homicide-

identification

Garnett Edwards v The Queen (Appeal No.

29 of 2005)

Jamaica 25th April

2006

Legal profession- complaint- re s. 12 of the Legal Profession Act (No 15 of 1971)- interpretation

General Legal Council ex parte Basil Whitter

(at the instance of Monica Whitter) v

Barrington Earl Frankson (Appeal No. 8 of

2005)

Jamaica 27th July

2006

Charles Braxton Moncure v Basil Kenneth

Cahusac (as Executor of the Estate of Doris

Cahusac-Delisser) (Appeal No. 54 of

2005)(Appeal No. 54 of 2005)

Jamaica 22nd

November

2006

Judicial

review-

teacher

Easton Wilberforce Grant v The Teacher's

Appeals Tribunal; the Attorney General

(Appeal No. 45 of 2005) (Appeal No. 45 of

2005)

Jamaica 7th

December

2006

Moneylending Estate of Imorette Palmer (deceased) v

Cornerstone Investments & Finance

Company Ltd (Jamaica) (Appeal No. 23 of

2006)Estate of Imorette Palmer

(deceased) v Cornerstone Investments &

Finance Company Ltd. (Jamaica) (Appeal

No. 23 of 2006)

Jamaica 16th July

2007

2007 Bryan Clarke v Alton Swaby (Appeal No.

13 of 2005)


2007

Gifford Morrell; Fiona Morrell v Workers Jamaica 18th January

Savings & Loan Bank (Appeal No. 20 of

2006))

2007

Leonie Marshall v The Director of Public

Prosecutions (Appeal No. 2 of 2006)

Jamaica 22nd

November 2006

Reasons for

Decision -

24th January 2007

Mortgage-

power of

sale-torrens

system of

land

registration

Dianne Jobson v Capital and Credit Merchant

Bank Limited, ronald Taylor, Ronald Taylor

(appointed by order of the Courtto represent

Carmen Taylor) (Appeal No. 52 of 2006

Jamaica 14th

February

2007

Contract of

employment-

breach-

redundancy

payments

Libel

Samuel Wray v The University of the West

Indies (Appeal No. 40 of 2005)

Jamaica 7th March

2007

Settlement

negotiations-

binding

agreement

Western Broadcasing Services v Edward

Seaga (Appeal No. 43 of 2005)

Jamaica 29th March

2007

Criminal law-

homicide-

confession

statement-

voir dire

Barry Wizzard v The Queen (Appeal No.

106 of 2005)

Jamaica 29th March 2007

Land-title-

registered

proprietor-

fraud

Alaric Astor Pottinger v Traute Raffone


Jamaica 17th April

2007

Master and

servant-

termination of

employment-

Balteano Duffus v National Water Board

commission (Appeal No. 13 of 2006)

Jamaica 19th April

2007

Reasons for

Decision 17th May 2007

Moneylending Estate of Imorette Palmer (deceased) v


Company Ltd (Jamaica) (Appeal No. 23

of 2006)

Jamaica 16th July

2007

Family law-

property

settlement-

business

asset-share in

capital of the

company

Lascelles Augustus Chin v Audrey

Ramona Chin (Appeal No. 3 of 2007)

Jamaica 24th

October

2007

Costs—Civil

Procedure

Rules, rule

64.5[1] -

mortgage

Estate of Imorette Palmer (deceased) v


Company Ltd (Jamaica)

Jamaica 5th

November

2007

Contract for

sale –mareva

injunction-

contempt of

court

Bastion Holdings Limited; Bardi Limited v

Jorril Finance Inc. (Appeal No. 60 of 2007)


2007

Extradition Trevor Forbes v The Director of Public

Prosecutions; The Commissioner of

Correctional Services. (Appeal No. 2 of

2007)

Jamaica 8th

November

2007

Constitutional

law-highway-

imposition of

toll

Natalie Campbell-Rodriques; Valrene

Bennet; Andrew Wheatley; Anton Young

(Keith Blake) v The Attorney General of

Trinidad and Tobago (Appeal No. 40 of

2007)

Jamaica 3rd

December 2007

Carlton Campbell v Royes (Appeal No.

85 of 2006) Jamaica

3rd December

2007

2008

Criminal law-

Homicide-

evidence-

deposition-

witness

unavailable-

identification-

good

character

direction

Nyron Smith v. The Queen (Appeal No 102

of 2006)

Jamaica 23rd June 2008

Land-

mortgage-

order for

sale-

extension of

time-set aside

order-locus

standi

Beverley Levy v Ken Sales & Marketing

Ltd. (Appeal No. 87 of 2006)


2008

Slander-

qualified

privilege

Edward Seaga v Leslie Harper (Appeal

No. 90 of 2006)


2008

Banking-loan-

hypothecation

Victor Lowe v National Insurance Bank

of Jamaica (Appeal No. 47 of 2007)

Jamaica 2nd

April 2008

Reasons

6th May 2008

Criminal law-

failure to call

material witness

for the defence-

omission of good

character

direction

Richard Dale Maye v. The Queen (Appeal No 104 of 2006)

Jamaica 6th July

2005

MONTSERRAT 2005

The Commissioner of Police v Brian

Cavanaugh (Appeal No. 46 of 2004)

Montserrat 6th July

2005

46. (Blakes Estate Limited v The Government of

Montserrat (Appeal No. 29 of 2004)

Montserrat 15th

December

2005

ST CHRISTOPHER , NEVIS

1999

21. Greene Browne v. The Queen (Appeal

No.3 of 1998)

St Christopher and

Nevis

6th May

1999

2001

41 Berthill Fox v. The Queen (Appeal No. 66 of

2000)

St Christopher and

Nevis

2nd October

2001

2002

13. Berthill Fox v. The Queen (Appeal No. 66

of 2000)

Saint Christopher and

Nevis

11th March

2002

33. (1) Noel Heath (2) Charles Miller and

(3) Glenroy Matthew v. THe Government

of the United States of America (Appeal

No. 6 of 2001)

Saint Christopher and

Nevis

19th June

2002

2004 38. The Attorney General for St. Christopher

and Nevis v Alexandre Yakovievich

Rodionov (Appeal No. 65 of 2003)

St. Christopher and

Nevis

20th July

2004

2005

45. _Noel Heath; Glenroy Matthew v The

Government of the United States of

America (Appeal No. 58 of 2004)

St. Christopher and

Nevis

28th

November

2005

St Lucia

1999

49. Spiricor of St. Lucia Limited v. The Attorney

General of St. Lucia and another (Appeal No.10 of

1998)

St Lucia 1st December

1999

2000

2. Kenneth Polinere and Others v. Lucy Felicien


St Lucia 26th January

2000

2002

7. Leonard Ogilvy v. The Minister of Legal Affairs

(Reasons for a decision upon a Notice of Motion)

St Lucia 17th January

2002 Reasons

given 13th

February 2002

12. The Queen v. Peter Hughes (Appeal No.91 of

2001)

St. Lucia 11th March 2002

Geest plc v. Monica Lansiquot (Appeal

No. 27 of 2001)

St. Lucia 10th July 2002

Reasons 7th

October 2002

2003

Parry Husbands v. Warefact Limited


St. Lucia 19th March

2003

2007

Land-title-St.

Lucia Civil

Code-

interpretation

Noelina Maria Prospere (Nee Madore)

v Frederick Prospere; Jennifer Remy


Eastern

Caribbean

Supreme

Court (St.

Lucia)

17th January

2007

Criminal law-

homicide-

defence of

insanity

Legislation-

criminal code

Francis Phillip; Kim John v The Queen


The Eastern

Caribbean

Court of

Justice (St.

Lucia)

24th January

2007

Reasons for

Decision - 2nd May 2007

Injunction-

easement-

roadway

Clendon Louis v Andrew Smith


Saint Lucia 7th June

2007

2008

Appeal-new

grounds of

appeal-

adjournment

Monica Plummer (Administratrix of the Estate

of the late Trevor John James); Monica

Plummer (Executrix of the children of the said

Trevor John James) v Conway Bay Limited;

Sandy Bay Limited (Appeal No. 81 of 2006)

Saint

Lucia

14th

January

2008

Contract-

building

contract-

payment-

concurrent

findings of

fact by lower

courts

-costs

Benoit Leriche v Francis Maurice


Saint

Lucia

30th January

2008

Constitutional

law-

magistrate-

contract of

employment-

termination

Horace Fraser v Judicial and Legal Services

Commission; The Attorney General (Appeal

No. 116 of 2006)

Saint

Lucia

6th May

2008

Land-

beneficial

interest-

findings of

fact-rule in

Devi v Roy

Benoit Leriche v. Leon

Cherry (Appeal No 14 of 2007)

Saint Lucia 1st July

2008

St Vincent & The Grenadines

1999 32. Cardinal Williams v. The Queen (Oral

judgement upon a petition for special leave

to appeal)

St. Vincent and the

Grenadines

7th July

1999

2000 29. Cardinal Williams V. The Queen (Appeal

No. 52 of 1999)

St.Vincent and the

Grenadines

10th July

2000

40. Yambou Development Company Limited v.

Sally Helena Kauser (as executive of the will

of Helen Hadley, deceased) (Appeal No. 3 of

1999)

St. Vincent and

the Grenadines

25th

October

2000

49. Everad Nicholls v. The Queen


St. Vincent & The

Grenadines

13th December

2000

2001

35 Newton Spence v. The Queen (Appeal

No. 47 of 2000)

St. Vincent and the

Grenadines

16th July

2001

2007

Richard Joachim;

Glenford Stewart v The

Attorney General;

Ephraim Georges

(Appeal No. 38 of

2005)

The Eastern Carribean

Court of Appeal (St Vincent

and The Grenadines)

4th December

2006

Reasons for

Decision - 24th

January 2007

Criminal law-

homicide-

joint

enterprise-

evidence-

photographs-

out of court

statements

Ken Charles v The Queen


Saint Vincent and the

Grenadines

16th July

2007

Evidence-

statement-

admissibility-

statement of

Prime Minister

during Budget

debate-

Costs

Randolph Trueman

Toussaint v The Attorney

General of Saint Vincent

and the Grenadines


Saint Vincent and the

Grenadines

16th July

2007

TRINIDAD AND TOBAGO

Pre 1999

Lawrence Pat Sankar v. The

State (Appeal No. 22 of 1993)

Trinidad and

Tobago

16th December

1994

Lincoln Anthony Guerra v. Cipriani

Baptiste and others (Appeal No. 11

of 1995)

Trinidad and

Tobago

6th November

1995

Director of Public Prosecutions v Jaikaran

Tokai and Ors. (Appeal No. 53 of

1995)(Appeal No. 53 of 1995)

Trinidad and

Tobago

12th

June

1996

Andrew Moses v The State


Trinidad and

Tobago

29th July

1996

1999

Deshan Rampharry v. The State


Trinidad and

Tobago

20th January

1999

Indravani Ramjattan v. The State Trinidad and 4th March 1999

(Petition for special leave to appeal) Tobago

Darrin Roger Thomas and Haniff

Hilaire v. Cipriani Baptiste (Appeal

No. 60 of 1998)

Trinidad and

Tobago

17th March

1999

Presidential Insurance Company v.

Molly Hosein Stafford (Appeal No. 66

of 1997)

Trinidad and

Tobago

22nd March

1999

Cletus Timothy, Dexter Reid and

Sheldon Lewis v. The State (Appeal

No. 18 of 1998)

Trinidad and

Tobago

22nd April

1999

Ramnath Harrilal v. The State (Appeal

No.17 of 1998)

Trinidad and

Tobago

10th May 1999

Ashoke Papan v. The State (Reason

for decision upon a petition for

special leave as a poor person)

Trinidad and

Tobago

26th May 1999

Curtis Charles, Steve Carter and

Leroy Carter v. The State (Appeal

No.33 of 1998)

Trinidad and

Tobago

26th May 1999

Nankissoon Boodram (also known as

Dole Chadee) and others v. Cipriani

Baptiste (Commissioner of Prisons)

and Others (Reasons for decision

upon a petition for special leave to

appeal)

Trinidad and

Tobago

30th June 1999

Nankissoon Boodram (also known as

Dole Chadee) and Others v. Cipriani

Baptiste (Commissioner of Prisons)

and Others (Oral judgement upon

petition for special leave to appeal and/or

for a stay of execution)

Trinidad and

Tobago

26th May 1999

Lincoln Defour v. The State (Appeal No.

32 of 1998)

Trinidad and

Tobago

21st July 1999

Anthony Nevada Johnson v. The State


Trinidad and

Tobago

21st July 1999

Narine Sooklal and Francis Mansingh v.

The State (Appeal No. 40 of 1998)

Trinidad and

Tobago

21st July 1999

Adolphus Campbell v. The State (Appeal

No.63 of 1998)

Trinidad and

Tobago

20th August

1999

Ian Cauldero and Nigill Francois v. The

State (Appeal No.4 of 1999)

Trinidad and

Tobago

28th

September

1999

Trinidad Oilwell Service Limited v. The

of Inland Revenue (Appeal No.67 of

1998)

Trinidad and

Tobago

21st October

1999

Anthony Briggs v. Cipriani Baptiste

(Commissioner of Prisions) and Others


Trinidad and

Tobago

28th October

1999

Angela Ramdeen v. The State (Appeal

No. 75 of 1998)

Trinidad and

Tobago

1st December

1999

Herman Constance, Clint Wilson

and Ronald Lee v. The State (Appeal

No.31 of 1998)

Trinidad and

Tobago

16th December

1999

2000

Baldeo G. Singh v The Board of

Inland Revenue (Appeal No.73 of

1998)

Trinidad and

Tobago

1st March 2000

Angela Ramdeen v. The State

(Reasons for decision upon a notice

of motion)

Trinidad and

Tobago

23rd March

2000

Kervin Langton v. The State (Appeal

No. 35 of 1999)

Trinidad and

Tobago

15th May 2000

Desmond Baptiste v. The


Trinidad and

Tobago

8th June 2000

Ashook Kumar v. The State (Appeal

No. 51 of 1999)

Trinidad and

Tobago

14th June 2000

Anderson Noel V. The State

(Petition for special leave to

appeal as a poor person)

Trinidad and

Tobago

11th September

2000

Colonial Fire and General

Insurance Company Limited v.

John Chung (Appeal No. 57 of 1999)

Trinidad and

Tobago

13th

December

2000

Dean Cedeno v. Kenwin Logan


Trinidad and

Tobago

18th

December

2000

Kevin Culpepper v. The State


Trinidad and

Tobago

20th

December

2000

2001

(1) Krishna Jairam (2) Ramsingh

Persad v.The State (Appeal No. 4 of

2000)

Trinidad and

Tobago

24th January

2001

Herbert Ferguson v. The Attorney

General of Trinidad and Tobago


Trinidad and

Tobago

24th January

2001

George Moore v. The State (Appeal

No. 7 of 2000)

Trinidad and

Tobago

29th January

2001

Ann Marie Boodram v. The State


Trinidad and

Tobago

10th April

2001

(1) Robert Mohammed and (2)

Johnny Richardson v. The State

(Appeal No 60 of 2000)

Trinidad and

Tobago

10th April

2001

Goomti Ramnarace v. Harrypersad

Lutchman (Appeal No. 8 of 2000)

Trinidad and

Tobago

21st May

2001

Dougnath Rajkumar v. Kenneth

Lalla and others (Appeal No. 1 of

2001)

Trinidad and

Tobago

29th

November

2001

2002

Rosie Blanchfield and others v. (1)

The Attorney General of Trinidad

and Tobago and (2) Chaguaramas

Development Authority (1) Yvonne

Cross and (2) Wilhemina Hoyte v.

(1) The Attorney General of

Trinidad and Tobago and (2)

Chaguaramas Development

Authority (Appeal Nos. 61 and 62 of

2000)

Trinidad and

Tobago

22nd

January

2002

Thakur Persad Jaroo v. The Trinidad and 4th

Attorney General of Trinidad and

Tobago (Appeal No. 54 of 2000)

Tobago February

2002

Felix Augustus Durity v. The


Tobago (Appeal No. 52 0f 2000)

Trinidad and

Tobago

13th May

2002

Clinton Forbes v. The Attorney



Trinidad and

Tobago

15th May

2002

Leslie Tiwari v. The State (Appeal No.

76 of 2001)

Trinidad and

Tobago

29th May

2002

Herbert Charles v. (1) The Judicial

and Legal Service Commission and

(2) The Disciplinary Tribunal (Appeal

No. 34 of 2001)

Trinidad and

Tobago

20th May

2002

Reasons for

decision

19th June

2002

Kirvek Management and Consulting

Services Limited v. The Attorney

General of Trinidad and Tobago (Appeal No. 52 of 2001)

Trinidad and

Tobago

25th July

2002

(1) Kizza Sealey and (2) Marvin

Headley v. The State (Appeal No. 98

0f 2001)

Trinidad and

Tobago

14th October

2002

Vinode Jhagroo v. The Teaching

Service Commission (Appeal No. 35 of 2001)

Trinidad and

Tobago

4th

December

2002

Lutchman Ramcoomarsingh v. The

Administrator General (Appeal No. 13

of 2001)

Trinidad and

Tobago

16th

December

2002

Shanti Matadeen (in substitution for

Suresh Matadeen, deceased) v.

Caribbean Insurance Co Limited


Trinidad and

Tobago

19th

December

2002

2003 (1) Bertrand Roberts and (2) Roland

Roberts v. The State (Appeal No. 12 of

2002)

Trinidad and

Tobago

15th

January

2003

(1) Caricom Cinemas Limited (2) Trinidad and 15th

Trinidad Cinemas Limited and (3)

Michael Leschaloupe v. Republic Bank


Tobago January

2003

(1) Ian Brown and (2) Everitt Isaac

v. The State (Appeal No. 9 of 2002)

Trinidad and

Tobago

29th

January

2003

(1) Joyce Chaitlal and Ganga Persad

Chaitlal (in substitution for Kanhai

Mahase, deceased) (2) Dhanierami

Jaglal and (3) Maharani Jaglal v.

Chanderlal Ramlal (Appeal No. 36 of 2001)

Trinidad and

Tobago

5th

February

2003

(1) Martha Perch (2) Ingrid Dennie

and (3) Jennifer Commissiong v. The



Trinidad and

Tobago

20th

February

2003

The Royal Bank of Trinidad and

Tobago v. (1) Bobby Vashista Persad

and (2) Dipchand Lakhan (Appeal No.

62 of 2001)

Trinidad and

Tobago

17th March

2003

Negligence-

vehicular

collision-

intersection

Martin Rago v. Indra Ragoonath


Trinidad and

Tobago

10th April

2003

Birmal Roy Paria v. The State (Appeal

No. 42 of 2002)

Trinidad and

Tobago

15th April

2003

Carlton Greer v. Alstons Engineering

Sales and Services Limited (Appeal No.

61 of 2001)

Trinidad and

Tobago

19th June

2003

Constitutional

law-statute-

construction-

mandatory

death penalty

Balkissoon Roodal v The State


Trinidad and

Tobago

20th

November

2003

Constitutional

law-statute-

construction-

mandatory

death penalty

Haroon Khan v The State (Appeal No.

28 of 2003)

Trinidad and

Tobago

20th

November

2003

Criminal law-

attempted

homicide-

conduct of

counsel at trial-

sentence

Marcelle Skeete v The State (Appeal

No. 89 of 2002)

Trinidad and

Tobago

24th

November

2003

Judgment-entry

and registration

Trinidad Home Developers Limited

(in voluntary liquidation) v IMH

Investments Limited (Appeal No.49

of 2002)

Trinidad and

Tobago

8th

December

2003

2004 Insurance-fire

insurance-

liability.

Super Chem Products Limited v

American Life and General Insurance

Company Limited and Ors. (Appeal No.

68 of 2002)

Trinidad

and Tobago

12th

January

2004

False

imprisonment,

assault and

battery,

malicious

prosecution.

Mitra Harracksingh v the Attorney

General of Trinidad and Tobago; P.C. Neville Adams (Appeal No. 28 of 2002)

Trinidad

and

Tobago

15th

January

2004

Limitation of

action –

detinue/conver

sion

Carlton Rattansingh (Legal Personal

Representative of the estate of Joseph

Rattansingh) v The Attorney General of

Trinidad and Tobago; Kanadhar Doopan

(Comptroller of Customs and Excise)


Trinidad and

Tobago 2nd March

2004

Reasons

for

Decision

17th

March 2004

Constitutional

law-protection

of the law-

delay by court

in giving its

decision.

Jerome Boodhoo (President);

Khemkaran Jagram (Secretary) (suing

on behalf of themselves and all other

members of the Sanatan Dharma

Sudhar Sadha) v The Attorney General

of Trinidad and Tobago (Appeal No.8 of

Trinidad and

Tobago

1st April

2004

2003)

Damages-

personal

injuries-general

damages-future

pecuniary loss-

multiplier

Costs-award of

costs-

Comparison

with old

decisions

Peter Seepersad v Theophilus Persad;

Capital Insurance Limited (Appeal No.

86 of 2002)

Trinidad and

Tobago

1st April

2004

Judicial review-

revocation of

firearm user’s

licence-natural

justice-right to

be heard

Barl Naraynsingh v The Commissioner

of Police (Appeal No.42 of 2003)

Trinidad and

Tobago

20th April

2004

Constitutional

law-equality of

treatment-

promotion of

police officer

Mohanlal Bhagwandeen v The Attorney



Trinidad and

Tobago

17th May

2004

Constitutional

law-freedom of

the press-

freedom of

thought and

expression-trial-

‘gag’ order-

court’s

jurisdiction to

impose ban on

reporting-

contempt of

court.

Independent Publishing Company

Limited v. (1) The Attorney General

of Trinidad and Tobago (2) The

Director of Public Prosecutions (Appeal No. 5 of 2003)

And

Trinidad and Tobago news Centre Ltd

& ors. V The Attorney General of

Trinidad and Tobago; The Director of

Public Prosecutions (Appeal No. 7 of

2003)

Trinidad and

Tobago

8th June

2004

Trade Mark-

registration

Cigarrera Bigott, SUCS v Phillip

Morris Products Incorporation;

Registrar General (Appeal No.85 of

2002)

Trinidad and

Tobago

14th June

2004

Constitutional

law-cruel and

unusual

treatment-

criminal law-

Charles Matthew v The State (Appeal

No.12 of 2004)

Trinidad and

Tobago

7th July

2004

sentence-death

penalty-

mandatory death

penalty- pre-

existing law

Mortgage-

debenture

Baksh General Wholesalers Limited v

Republic Bank Limited (Appeal No.19

of 2003)

Trinidad and

Tobago

6th

October

2004

Land-adverse

possession

Sati Bissessar (in substitution for

Ramsaran Bissessar, deceased)

(legal personal representative of the

Estate of Bissessar) v Ganase Lall

(Administrator ad litem for the estate

of Kissoon Lall) ( Appeal No.43 of

2003)

Trinidad and

Tobago

7th

October

2004

Constitutional

law-enjoyment of

property-work

permit-legitimate

expectation-

immigration-right

to liberty

Robert Perekebena Naidike; Timi

Naidike; Boloebi Faith Roberta

Naidike v The Attorney General of

Trinidad and Tobago (Appeal No.10 of

2003)

Trinidad

and Tobago

12th

October

2004

Sale of land-

contract-

variation/

purchaser-priority

Jagdeo Sookraj v Buddhu Samaroo


Trinidad and

Tobago

12th

October

2004

2005 Homicide/

Fresh

evidence/retracti

on

of evidence

Kelvin Dial (otherwise called Peter);

Andrew Dottin (otherwise called

Maxwell) v The State (Appeal No.16 of 2004)

Trinidad and

Tobago

14th

February

2005

Banking/charge

statute O'Meara Food Products Limited;

Marie Kavanagh; Sharif Mohammed v

Agricultural Development Bank of

Trinidad and Tobago (Appeal No. 21 of 2004)

Trinidad

and Tobago

28th

February

2005

Constitutional

law/

legal

Rajesh Ramsarran v The Attorney


Trinidad

and Tobago

28th

February

2005

representation-

right to consult

5[2][c]


Assault and

battery/damages

Fresh evidence

Visham Boodoosingh v Richard

Ramnarace (Appeal No.50 of 2003)

Trinidad

and Tobago 8th March

2005

Judicial review

Financial

institution/transf

er

of

assets/damages

Gulf Insurance Limited v The Central

Bank of Trinidad and Tobago (Appeal

No.78 of 2002)

Trinidad

and Tobago

9th March

2005

Sexual

offences/rape

Sentence-

increase of

Earl Williams v The State (Appeal

No.55 of 2004)

Trinidad

and Tobago 26th

January 2005

Reasons for

Decision

15th March

2005

Homicide

/attorney-

conduct/errors at

trial/good

character

direction.

Mark Teeluck; Jason Ellis John v The


Trinidad

and

Tobago

23rd March

2005

Constitutional

law/damages/

exemplary

damages/abuse

of process

The Attorney General of Trinidad and

Tobago v Ramanoop (Appeal No.13 of

2004)

Trinidad and

Tobago

23rd

March

2005

Legal profession-

disciplinary

proceedings-

professional

misconduct

Wilston Campbell v Davida Hamlet

(as executrix of Simon Alexander)


Trinidad

and

Tobago

25th April

2005

Criminal

law/homicide/

(1) Ramsingh Jairam and (2) Yaagob

Hawkins (formerly Krishna Persad) v.

Trinidad

and

11th May

2005

admissibility of

evidence.

Criminal

law/manslaughte

r substituted for

conviction of

murder by C.A-

appeal against

The State (Appeal No. 19 of 2004) Tobago

Judicial review-

leave to apply-

refusal of leave.

Fishermen and Friends of the Sea v

The Environment Management

Authority and BP Trinidad and

Tobago LLC (Appeal No.32 of

2005) (Appeal No. 32 of 2005)

Trinidad

and

Tobago

25th July

2005

Workmen’s

Compensation-

Limitation of

Action for

damages

Ancil Allsop v Petroleum Company of

Trinidad and Tobago (Appeal No. 34

of 2005)(Appeal No. 34 of 2005)

Trinidad

and

Tobago

28th July

2005

Criminal law-

Good Character

of accused

Jagdeo Singh v The State (Appeal No.

35 of 2005) Trinidad

and

Tobago

3rd August

2005

Libel Basdeo Panday v Kenneth Gordon

(Appeal No.35 of 2004) Trinidad

and

Tobago

5th October

2005

Slander-findings

of fact-review of

principles on

which Board acts

in cases of

concurrent

judgments on

issues of fact

Kwasi Bekoe v Horace Broomes

(Appeal No.32 of 2004) Trinidad

and

Tobago

28th July

2005

Reasons for

decision 31st October 2005

Criminal law-

sentence-date

from which

sentence should

run

Kumar Ali v The State. (Appeal

No.56 of 2004) and Leslie Tiwari v

The State. (Appeal No. 63 of 2004)

Trinidad and

Tobago 2nd

November

2005

Criminal law-

drug trafficking-

good character-

Mantoor Ramdhanie and others v

The State (Appeal No. 47 of 2004)

Trinidad

and

Tobago

15th

December

2005

prosecutor-

closing speech

2006

Criminal law-

manslaughter-

wrongful

exclusion of

evidence of

pathologist-

practice-re-trial

Constitutional

law- statute-re

s.65E-appeal by

State from an

acquittal

The State v Brad Boyce (Appeal No.

51 of 2004)

Trinidad and

Tobago

11th

January

2006

Criminal law-

demanding

money with

menaces-good

character

direction-

sentence- s.49[1]

direction

Vijai Bhola v The State (Appeal No.

26 of 2005)

Trinidad and

Tobago 30th

January 2006

Reasons for

Decision -

8th March 2006

Judicial review-

retention of office

of prime minister

Florence Bobb; Girlie Moses v

Patrick Manning (Appeal No. 50 of

2004)

Trinidad and

Tobago

25th April

2006

Damages-

assessment-

appeal on

quantum-

Negligence-

building-defective

work.

Practice-point

raised at Privy

Council but not

below-limitation

point

Michael Joseph Deosaran; Housing

and Investments Limited v Winston

Barrow; Judith Barrow (Appeal No.

68 of 2004)

Trinidad

and Tobago

27th June

2006

Constitutional

law-equality of

treatment-

broadcast licence

Central Broadcasting Services Ltd;

Sanatan Dharma Sabha of Trinidad

and Tobago v The Attorney General of


of 2005)

Trinidad

and Tobago

4th July

2006

Judicial review-

teacher-acting

appointment.

Sahadeo Maharaj v Teaching Service

Commission; Corinth Teachrs'

Training College (Appeal No. 48 of

2005)

Trinidad

and Tobago

6th July

2006

Judicial Review-

police officer-

examination-

examinations

board

Eusebio Cooper; Clifford Balbosa v

Director of Personnel Administration;

The Police Service Commission


Trinidad

and Tobago

6th July

2006

Insurance-motor

insurance-

avoidance of

liability

Colonial Fire and General Insurance

Company Limited v Sarana Harry


Trinidad

and Tobago

22nd

November

2006

Judicial review-

setting aside of

grant of leave-

staying of

criminal

prosecution-

charge against

the Chief

Justice of

perverting the

course of

justice

The Honourable Satnarine Sharma v

Carla Browne Antoine, Deputy Director

of Public Prosecutions; Wellington

Virgil, Assistant Commissioner of

Police; Trevor Paul, Commissioner of

Police. (Appeal No. 75 of 2006)

Trinidad

and Tobago

30th

November

2006

2007

Criminal law-

homicide

Court of

appeal-

application of

proviso -test

Chitrah Dookran; Malharri Dookran v

The State (Appeal Nos 78 and 79 of

2005)

Trinidad and

Tobago

7th March

2007

Criminal law-

homicide-Fair

Wilberforce Bernard v The State.

Appeal No. 118 of 2005)

Trinidad and

Tobago

10th May

2007

trial-legal

representation-

inadequate

representation-

inexperienced

counsel

Criminal law-

homicide-joint

enterprise-

aiding and

abetting-

concealment of

evidence

Marlon Daniel; Curtis Archibald;

Anino Garcia; Curtis Marshall v The

State of Trinidad and Tobago.

(Appeal No. 123 and 124 of 2005)

Trinidad and

Tobago

13th June

2007

Constitutional

law-enjoyment

of property-

remuneration-

members of

Parliament

Chandresh Sharma and others v the



Trinidad and

Tobago

20th June

2007

Judicial review

–integrity

commission-

requirement to

file declarations

Chandresh Sharma v The Registrar

to the Integrity Commission and

another (Appeal No. 72 of 2006)

Trinidad and

Tobago

20th June

2007

Criminal law-

admissions-out

of court

admissions

Kelvin Persad v The State of


of 2006)

Trinidad and

Tobago

23rd July

2007

Constitutional

law-statute-

constitutionality

of-Equal

Kenneth Suratt (on behalf of himself and

14 others); Devon Garray; Davis Thomas;

Dianne Arneaud; Abygail Arneaud; Rakesh

Persad; Ashton Ramsundar v The Attorney

General of Trinidad and Tobago (Appeal

No. 84 of 2006)

Trinidad

and

Tobago

15th

October

2007

2008

Criminal law-

homicide-

judge’s

comments-joint

Lester Pitman v The State


Trinidad and

Tobago

3rd March

2008

enterprise-

evidence-fresh

evidence

Deed-set aside Muriel Lawrence v Edna Poorah

(Deceased by Representative of her

Estate Tim Poorah) (and Shirley Poorah

appointed to represent the Estate of

Edna Poorah) (Appeal No. 88 of 2006)

Trinidad

and

Tobago

6th March

2008

Reasons

3rd April 2008

Offences under

Integrity

Legislation-

Order for

retrial-appeal

against-

limitation of

action-abuse of

process

Basdeo Panday v Senior

Superintendent Wellington Virgil


Trinidad and

Tobago

9th April

2008

Criminal law-

sexual

offences-

Court of

Appeal-

absence of

reasons-

medical

evidence-

identification

Teerathraj Maharaj v The


Trinidad and

Tobago 3rd April

2008

Reasons 8th

May 2008

Criminal law-

identification-

dock

identification-

summing up-

Sentence-loss

of time

Francis Young v The State (Appeal

No. 66 of 2006)

Trinidad and

Tobago

6th May

2008

Criminal

law-

homicide-

prosecuting

counsel-

conduct-

Arnold Huggins, Leslie Huggins and

Junior Phillip v. The State (Appeals No 39, 25 and 55 of 2006)

Trinidad and

Tobago

9th June

2008

closing

speeches-

Evidence-

Justice of

the Peace-

sentence

TURKS AND CAICOS ISLANDS

2000

Kenneth Kellar v. Stanley

Williams (Appeal No.42 of

1998)

Turks and Caicos

Islands

7th February

2000

2001

Contract/building

contract

(1) The Bay Hotel and Resort Limited and

(2) Zurich Indemnity Company of Canada

v. (1) Cavalier Construction Co. Ltd. and

(2) Cavalier Construction Co. Ltd (a Turks

and Caicos Islands Registered Company)

(Appeal No. 32 0f 2000)

Turks and

Caicos

Islands

16th

July

2001

2004

Kenneth L. Kellar; Carib West Limited v

Stanley A. Williams (Appeal No.13 of

2003)

Turks and

Caicos Islands

24th June

2004

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