Category: Privy Council

Rummun v State of Mauritius – WLR Daily

Posted February 13th, 2013 in criminal justice, delay, human rights, law reports, Privy Council, sentencing by sally

Rummun v State of Mauritius [2013] UKPC 6; [2013] WLR (D) 53

“Where there had been substantial delay in a criminal trial it was the duty of the court, whether at sentence or on appeal and whether or not the matter had been raised by the defence, to examine the possibility of there having been a breach of the defendant’s right to a fair trial within a reasonable time, and if so whether that should influence the sentence to be imposed. The court should consider the factors which had caused the delay, including the responsibility of the defendant for any delay, but was to exercise caution in respect of any decision by him to contest the case on grounds which proved to be unfeasible, since a defendant to a criminal charge was entitled to put the prosecuting authorities to proof of his guilt.”

WLR Daily, 7th February 2013

Source: www.iclr.co.uk

Chief Justice of the Cayman Islands v Governor of the Cayman Islands and another – WLR Daily

Posted November 27th, 2012 in jurisdiction, law reports, Privy Council by sally

Chief Justice of the Cayman Islands v Governor of the Cayman Islands and another [2012] UKPC 39; [2012] WLR (D) 344

“It would be inappropriate for the Judicial Committee of the Privy Council substantively to consider issues raised in a petition referred by Her Majesty under section 4 of the Judicial Committee Act 1833, when those issues could be raised by way of ordinary proceedings in the first instance courts of the territory in which the issues arose.”

WLR Daily, 15th November 2012

Source: www.iclr.co.uk

Taitt v State of Trinidad and Tobago – WLR Daily

Posted November 13th, 2012 in appeals, crime, law reports, learning difficulties, Privy Council by sally

Taitt v State of Trinidad and Tobago [2012] UKPC 38; [2012] WLR (D) 317

“If counsel at trial had not raised the issue of a defendant having a learning difficulty which made him unfit to plead, the Judicial Committee of the Privy Council would not consider the matter on appeal unless there had clearly been a miscarriage of justice.”

WLR Daily, 8th November 2012

Source: www.iclr.co.uk

Jamaica’s London appeal court dilemma – BBC News

Posted August 3rd, 2012 in appeals, constitutional law, Jamaica, news, Privy Council by tracey

“Jamaica is celebrating the 50th anniversary of independence from Britain next week. The government in Kingston is talking about becoming a republic and is also looking at ending a legal legacy of the British Empire.”

Full story

BBC News, 3rd August 2012

Source: www.bbc.co.uk

Privy council blocks ‘vulture fund’ from collecting $100m DRC debt – The Guardian

Posted July 19th, 2012 in debts, news, Privy Council by tracey

“The privy council has blocked a multimillionaire speculator from taking up to $100m (£64m) from the Democratic Republic of the Congo (DRC) for a decades old debt that started out at $3.3m.”

Full story

The Guardian, 18th July 2012

Source: www.guardian.co.uk

Commissioner of Taxpayer Audit and Assessment v Cigarette Company of Jamaica Ltd (in voluntary liquidation) – WLR Daily

Posted March 29th, 2012 in income tax, law reports, news, Privy Council by sally

Commissioner of Taxpayer Audit and Assessment v Cigarette Company of Jamaica Ltd (in voluntary liquidation) [2012] UKPC 9; [2012] WLR (D) 99

“For the purposes of income tax assessment, a transaction was “artificial” if it had, as compared with normal transactions of an ostensibly similar type, features that were abnormal and appeared to be part of a plan. A transaction was not artificial merely because it was not commercial, but if a transaction effected in a commercial context was attacked as uncommercial that might be a reason for looking at it closely.”

WLR Daily, 13th March 2012

Source: www.iclr.co.uk

Power and property – a Privy Council ruling grapples with the extent of settlors’ rights – Legal Week

Posted October 6th, 2011 in news, Privy Council, trusts by sally

“XXIV Old Buildings’ Stephen Moverley Smith QC on the impact of a ruling over the powers of a trust’s settlor.”

Full story

Legal Week, 6th October 2011

Source: www.legalweek.com

Judicial Committee of the Privy Council appeals and average costs: get the data – The Guardian

Posted June 13th, 2011 in appeals, news, Privy Council, statistics by tracey

“As Caribbean countries press for limitations on the judiciary power of the Privy Council, we take a look at appeals figures by oversea countries.”

Full story

The Guardian, 13th June 2011

Source: www.guardian.co.uk

West Indian death row prisoners to be defended by British lawyers – The Guardian

Posted June 13th, 2011 in appeals, constitutional law, death penalty, news, Privy Council by tracey

“The fate of six West Indian prisoners on death row will be decided through the adjudication of the privy council this summer amid fresh pressure from the Caribbean to limit the UK’s role in determining capital punishment cases.”

Full story

The Guardian, 12th June 2011

Source: www.guardian.co.uk

Elliot Morley’s Privy Council expulsion is first for 90 years – The Independent

Posted June 10th, 2011 in news, Privy Council by michael

“The disgraced former Labour MP Elliot Morley has become the first politician to be expelled from the Privy Council in 90 years.”

Full story

The Independent, 9th June 2011

Source: www.independent.co.uk

 

Ross v Bank of Commerce (Saint Kitts Nevis) Trust and Savings Association Ltd (in liquidation) – WLR Daily

Posted November 25th, 2010 in appeals, constitutional law, law reports, Privy Council by sally

Ross v Bank of Commerce (Saint Kitts Nevis) Trust and Savings Association Ltd (in liquidation) [2010] UKPC 28; [2010] WLR (D) 297

“When an appeal to the Privy Council was expressed to be as of right under the Constitution of the country appealed from, it was still necessary either to obtain leave from the local Court of Appeal or if that was refused, to obtain special leave from the Privy Council.”

WLR Daily, 24th November 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Marshall and others v Deputy Governor of Bermuda and others – WLR Daily

Posted May 25th, 2010 in armed forces, Bermuda, judicial review, law reports, Privy Council, proof by sally

Marshall and others v Deputy Governor of Bermuda and others [2010] UKPC 9; [2010] WLR (D) 133

“Although, in public law proceedings, a public authority had a duty to furnish the court with information which it alone was in a position to provide and without which it would not be possible for the court to assess the merits of an issue which had been raised, that duty did not transfer to the authority the onus of proving matters which a claimant was under a duty and in a position to prove.”

WLR Daily, 24th May 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Seaga v Harper (No 2) – Times Law Reports

Posted July 10th, 2009 in costs, fees, insurance, Jamaica, law reports, Privy Council by sally

Seaga v Harper (No 2)

Privy Council

“After-the-event insurance premiums and success fees under conditional fee agreements entered into with English counsel and solicitors were not recoverable as costs by a successful party in an appeal to the Privy Council from Jamaica whose domestic law did not permit conditional fee agreements or allow for a successful party’s expenditure on after-the-event premiums to be an allowable disbursement.”

The Times, 10th July 2009

Source: www.timesonline.co.uk

Seaga v Harper (No 2) – WLR Daily

Posted June 30th, 2009 in costs, fees, insurance, Jamaica, law reports, Privy Council by sally

Seaga v Harper (No 2) [2009] UKPC 26; [2009] WLR (D) 212

“Success fees under conditional fee agreements, and premiums paid on ‘after the event’ (‘ATE’) insurance cover were not recoverable as costs by a successful party in an appeal to the Privy Council from Jamaica whose domestic law did not allow conditional fee agreements or permit expenditure on ATE premiums to be an allowable disbursement.”

WLR Daily, 29th June 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Does anyone understand what the Privy Council does? – The Times

Posted May 13th, 2009 in news, Privy Council by sally

“A new report says the body of advisers dating back to feudal times can no longer escape constitutional reform.”

Full story

The Times, 12th May 2009

Source: www.timesonline.co.uk

The murky, mysterious world of the Queen’s Privy Council – The Times

Posted May 8th, 2009 in news, Privy Council by sally

“The Privy Council is one of the most obscure and murky corners of the British constitution — yet its powers are far from antiquated or redundant.”

Full story

The Times, 8th May 2009

Source: www.timesonline.co.uk

McDonald v HM Advocate – Times Law Reports

Posted November 5th, 2008 in devolution issues, disclosure, law reports, Privy Council, Scotland by sally

McDonald v HM Advocate

Privy Council

“The refusal by the High Court of Justiciary in Scotland to receive a devolution minute was the determination of an issue sufficient to give jurisdiction to the Judicial Committee of the Privy Council to hear an appeal.”

The Times, 5th November 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.