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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  














Commonwealth - From: 2003 To: 2003

This page lists 55 cases, and was prepared on 20 May 2019.

 
Odhavji Estate v Woodhouse [2003] 3 SCR 263
2003

Iacobucci J
Commonwealth, Torts - Other
(Supreme Court of Canada) The court reviewed the ingredients of misfeasance in public office. Held: Iacobucci J said: "To summarize, I am of the opinion that the tort of misfeasance in a public office is an intentional tort whose distinguishing elements are twofold: (i) deliberate unlawful conduct in the exercise of public functions; and (ii) awareness that the conduct is unlawful and likely to injure the plaintiff. Alongside deliberate unlawful conduct and the requisite knowledge, a plaintiff must also prove the other requirements common to all torts. More specifically, the plaintiff must prove that the tortious conduct was the legal cause of his or her injuries, and that the injuries suffered are compensable in tort law." While grief or emotional distress were insufficient injury to support a claim, visible and provable illness or recognisable physical or psychopathological harm were not.
1 Cites

1 Citers


 
British Columbia (Minister of Forests) v Okanagan Indian Band (2003) 114 CCR 2d 108
2003

LeBel J
Commonwealth, Costs
(Supreme Court of Canada) A challenge was to be made by Indian Bands to a prohibition on logging on their lands without prior authorisation. They asserted aboriginal title to the land in question and complained of a breach of their constitutionally protected aboriginal rights. They sought a protective costs order. Held: "The jurisdiction to order costs of a proceeding is a venerable one. The English common law courts did not have inherent jurisdiction over costs, but beginning in the late 13th century they were given the power by statute to order costs in favour of a successful party. Courts of equity had an entirely discretionary jurisdiction to order costs according to the dictates of conscience." The court set down four principles: (i) The party seeking the order must be impecunious to the extent that without such an order that party would have been deprived of the opportunity to proceed with the case; (ii) The claimant must establish a prima facie case of sufficient merit to warrant its pursuit; (iii) Public law cases, as a class, were different from ordinary civil disputes, and the case must fall into a sub-category where the special circumstances that justified an award of interim costs were related to the public importance of the questions at issue in the case; and (iv) It was for the judge at first instance to determine whether a particular case, which might be classified as special by its very nature as a public interest case, was special enough to rise to the level where the unusual measure of ordering costs would be appropriate..
1 Citers


 
Caricom Cinemas Ltd and others v Republic Bank Limited [2003] UKPC 2
15 Jan 2003
PC

Commonwealth, Litigation Practice
(Trinidad and Tobago)
[ Bailii ] - [ PC ]
 
Bertrand Roberts and Roland Roberts v The State [2003] UKPC 1
15 Jan 2003
PC
Lord Nicholls of Birkenhead, Lord Steyn, Lord Hope of Craighead, Lord Hutton, Lord Rodger of Earlsferry
Commonwealth, Criminal Evidence
PC (Trinidad and Tobago) The appellants had been convicted of murder and their capital sentences commuted. They now sought to challenge the convictions as to the admission of and directions given on the identification evidence. However the judge's notes had been lost, and there remained no direct evidence as to the form of any misdirection. The defendants argued that there had been a practice of misdirection by judges at the time. Held: In this case the surrounding evidence was weak, and after discounting the identification evidence, the convictions were unsafe.
1 Cites

[ Bailii ] - [ PC ]
 
Matadeen v Caribbean Insurance Co Ltd Times, 20 January 2003; [2002] UKPC 69; [2003] 1 WLR 670
20 Jan 2003
PC
Bingham of Cornhill, Hobhouse of Woodborough, Millett, Svott of Foscoe, Rodge of Earslferry LL
Commonwealth, Insurance, Limitation
(Trinidad and Tobago) The claimant sought to claim damages. The respondent's insurers became insolvent, and he sought the damages in turn from the insurer's own insurer. They responded that the claim against them was out of time. Held: The limitation period in the claim against the insurer's insurers was the same as it would be as between the original insured and his insurer. The fact that the contract of insurance was entered into was a statutory requirement. That the contract was under seal did not operate to extend the limitation period.
[ Bailii ] - [ PC ]
 
Sang Fat Company Limited v Rajlal [2003] UKPC 4
21 Jan 2003
PC

Commonwealth
PC Mauritius
[ Bailii ] - [ PC ] - [ PC ]
 
Director of Public Prosecutions of Jamaica v Mollison (No 2) Times, 27 January 2003; [2003] UKPC 6; Gazette, 20 March 2003; [2003] 2 WLR 1160
22 Jan 2003
PC
Bingham of Cornhill, Slynn of Hadley, Clyse, Hutton, Walker of Gestingthorpe LL
Constitutional, Criminal Sentencing, Commonwealth
(Jamaica ) The appellant had been convicted of murder as a youth. He was sentenced to be detained during Her Majesty's pleasure. The actual length of time to be served was decided by the Governor-General. The decision by the Governor was clearly a sentencing decision, and therefore properly fell to the courts. A decision by him would contravene the requirement of the separation of powers. The provisions under which this methods of dealing with the applicant were unconstitutional, and did not survive the 1962 Constitution. Despite a provision protecting certain regulations, this arrangement was fundamental to a constitution based upon the Westminster model, and the rule was not protected. The appellant was entitled to have the time of detention decided by a court.
1 Cites

1 Citers

[ Bailii ] - [ PC ]
 
Michael Pringle v The Queen [2003] UKPC 9
27 Jan 2003
PC

Commonwealth, Crime
PC (Jamaica) The court considered the way in which statistical conclusions drawn from DNA evidence had been presented to the jury. The judge had fallen into the 'Prosecutor's Fallacy.' Also the court had relied upon evidence of a confession to a cell mate himself awaiting trial. A judge must always be alert to the possibility that the evidence by one prisoner against another is tainted by an improper motive. The appeal succeeded. The case was remitted for a cautious consideration of a retrial.
1 Cites

1 Citers

[ Bailii ] - [ PC ]
 
Brown and Isaac v The State [2003] UKPC 10
29 Jan 2003
PC
Lord Hoffmann
Commonwealth, Crime
PC (Trinidad and Tobago) The defendants appealed their convictions for murder on a joint enterprise basis. Held: If more than one person participates, in whatever capacity, in attacking a victim, each intending that he be killed, then, if he dies, all are guilty of murder.
Lord Hoffmann said: "The simplest form of joint enterprise, in the context of murder, is when two or more people plan to murder someone and do so. If both participated in carrying out the plan, both are liable. It does not matter who actually inflicted the fatal injury. This might be called the paradigm case of joint enterprise liability."
1 Citers

[ PC ] - [ PC ] - [ Bailii ]
 
Joyce Chaitlal and Ganga Persad Chaitlal (in substitution for Kanhai Mahase, deceased) Dhanierami Jaglal and Maharani Jaglal v Chanderlal Ramlal [2003] UKPC 12
5 Feb 2003
PC
Lord Hope of Craighead, Lord Hutton, Lord Scott of Foscote, Lord Walker of Gestingthorpe, Sir Martin Nourse
Commonwealth, Land, Contract
PC (Trinidad and Tobago) The purchaser sought specific performance of an open contract for the sale of land. Held: If and in so far as a contract for the sale of land does not specify a time for completion, the law allows an implication that completion is to take place after a time which is reasonable in all the circumstances.
1 Citers

[ PC ] - [ Bailii ] - [ PC ]
 
New South Wales v Lepore [2003] HCA 4; (2003) 212 CLR 511; (2003) 195 ALR 412; (2003) 77 ALJR 558; (2003) 24 Leg Rep 2
6 Feb 2003

Gleeson CJ, Gaudron, Mchugh, Gummow, Kirby, Hayne and Callinan JJ
Commonwealth, Negligence
Austlii (High Court of Australia) 1. Appeal allowed in part
2. Paragraph 2 of the order of the Court of Appeal of New South Wales made on 23 April 2001 set aside, and in its place, order that the judgment entered in the District Court on 16 April 1999 be wholly set aside and that there be a new trial.
3. Appellant to pay the costs of the appeal to this Court.
4. Costs of the new trial to abide its outcome.
Callian J (majority) said: "Education authorities do not owe to children for whose education they are responsible (absent relevant contractual provision to the contrary) a particular or unique non-delegable duty of care, in practical terms, giving rise to absolute liability. There is no doubt that the ordinary standard of care in the case of such authorities is a very high one. Their duties include the engagement of reliable, and carefully screened, properly trained employees, and the provision: of suitable premises; an adequate system for the monitoring of employees; and, I would think, because, regrettably, the incidence of sexual abuse seems to have been more common than had previously been thought, an efficient system for the prevention and detection of misconduct of that kind. In saying what I have, I do not intend to state comprehensively a catalogue of the duties to which the relationship of education authority and pupil may give rise. But I do agree with the Chief Justice that absent fault on the part of an education authority, it will not be personally liable in situations of the kind with which these cases are concerned".
McHugh J. (minority: he alone would have found non-delegable duties in the particular circumstances) said: "a State education authority owes a duty to a pupil to take reasonable care to prevent harm to the pupil. The duty cannot be delegated. If, as is invariably the case, the State delegates the performance of the duty to a teacher, the State is liable if the teacher fails to take reasonable care to prevent harm to the pupil . . The duty arises on the enrolment of the child. It is not confined to school hours or to the commencement of the teachers' hours of employment at the school. If the authority permits a pupil to be in the school grounds before the hours during which teachers are on duty, the authority will be liable if the pupil is injured through lack of reasonable supervision. In Geyer v Downs this Court held that the education authority was liable for injuries suffered by a pupil playing in the school grounds at about 8.45am although teachers at the school were not required to be on duty at that time . . The duty extends to protecting the pupil from the conduct of other pupils or strangers and from the pupil's own conduct The measure of the duty is not that which could be expected of a careful parent.
Murphy and Aickin JJ rejected the parent analogy in Geyer v Downs saying that it was unreal to apply that standard to "a schoolmaster who has the charge of a school with some 400 children, or of a master who takes a class of thirty or more children".
1 Citers

[ Austlii ]
 
Crawford, Regardless Limited and Crawford v Financial Institutions Services Limited [2003] UKPC 12
6 Feb 2003
PC
Lord Hutton, Lord Hobhouse of Woodborough, Lord Scott of Foscote
Commonwealth, Constitutional, Contract
PC Jamaica - petition for special leave to appeal to Her Majesty in Council from a judgment of the Court of Appeal of Jamaica dated 31 July 2001. The petitioners are Donovan Crawford, Regardless Ltd and Alma Crawford, the defendants in the proceedings at trial and the appellants in the Court of Appeal.
1 Citers

[ PC ] - [ Bailii ] - [ PC ]
 
Eustace Potter v Port Services Limited [2003] UKPC 14
6 Feb 2003
PC

Commonwealth
PC Antigua and Barbuda
[ PC ] - [ Bailii ]
 
Perch, Dennie and Commissiong v The Attorney General of Trinidad and Tobago [2003] UKPC 17
20 Feb 2003
PC
Lord Bingham of Cornhill, Lord Steyn, Lord Hutton, Lord Millett, Lord Walker of Gestingthorpe
Commonwealth, Employment, Constitutional
PC (Trinidad and Tobago) The postal system had been transferred to a company. Employees complained that they had been public servants and had lost privileges associated with that employment, and provisions of the Act transferring their contracts were unconstitutional. Held: Employees of the new corporation were not holders of any public office and were not employed in the service of the Government in a civil capacity within the meaning of section 3(1) of the Constitution. The law recognised retirement as an appropriate means of leaving public service, and that option had been offerred. Abolition was also allowed, and therefore the transfer was not unconstitutional.
1 Cites

1 Citers

[ PC ] - [ Bailii ] - [ PC ]
 
Opua Ferries Ltd and Another v Fullers Bay of Islands Ltd [2003] UKPC 19
5 Mar 2003
PC
Lord Hope of Craighead, Lord Slynn of Hadley, Lord Hobhouse of Woodborough, Lord Millett, Lord Scott of Foscote
Commonwealth
PC (New Zealand) The Board was asked whether whether the effect of the registration of the repondent as licencees to provide ferry services permitted them to operate the ferry service with two vessels or with one vessel only. Held: The appeal failed. There was insufficient in the words of the licence to justify a conclusion that only one vessel was to be used.
1 Cites

[ PC ] - [ Bailii ]
 
Corozal Free Zone Development Ltd v Flynagen Ltd (Belize) [2003] UKPC 20
10 Mar 2003
PC
Lord Bingham of Cornhill, Lord Steyn, Lord Hoffmann, Lord Millett, Lord Scott of Foscote
Land, Commonwealth, Contract
PC Belize
[ PC ] - [ Bailii ]
 
William Alexander McLennan and Wilson I McLennan and Others v The Attorney General [2003] UKPC 25
19 Mar 2003
PC
Lord Slynn of Hadley, Lord Nicholls of Birkenhead, Lord Hutton, Lord Millett, Lord Rodger of Earlsferry
Commonwealth, Land, Contract
PC (New Zealand) Land had been acquired by compulsory purchase, but was no longer needed. Offers were made for the sale but lapsed. Further offers and counter offers were made. Held: The statutory requirement to sell did not allow additional terms and conditions. Equally there was no ability for the offeree to extend the time for acceptance, and the Crown became free to sell the land on the terms it could negotiate. An acceptance was conditional, and amounted to a counter-offer which was not accepted and there was no binding contract.
Public Works Act 1981 (New Zealand) 40(5)
1 Cites

[ PC ] - [ Bailii ] - [ PC ]
 
Parry Husbands v Warefact Limited [2003] UKPC 23
19 Mar 2003
PC

Commonwealth, Legal Professions
PC (St. Lucia) The claimant, a senior QC, sought to deduct fees due to him from the respondent from money which he held to his account. Held: Counsel in St Lucia operated under different rules to those in England, having a fused profession. Provisions which restrain a practitioner's commercial freedom should not be liberally construed. Counsel in England has been unable to sue for their fees, and it was argued that this position had continued in St Lucia. However Counsel's position had been assimilated to that of solicitors, who could sue, and the position of Queen's Counel had not been excepted, and the claimant could sue.
(St Lucia) Legal Profession Act 2000
[ Bailii ] - [ PC ]
 
Vadim Schmidt v Rosewood Trust Limited Times, 29 March 2003; [2003] UKPC 26; Gazette, 05 June 2003; [2003] 2 AC 709; (2002-03) 5 ITELR 715; [2003] 3 All ER 76; [2003] 2 WLR 1442; [2003] Pens LR 145; [2003] WTLR 565
27 Mar 2003
PC
Lord Nicholls of Birkenhead, Lord Hope of Craighead, Lord Hutton, Lord Hobhouse of Woodborough, Lord Walker of Gestingthorpe
Commonwealth, Trusts, Equity
PC (Isle of Man) The petitioner sought disclosure of trust documents, as a beneficiary. Disclosure had been refused as he had not been a named beneficiary. Held: Times had moved on, and trust documents had taken more and more indirect ways of conferring benefits. The settlements were badly drafted, but that should not be used to excuse a court fulfilling its duties. The right to seek disclosure did not depend upon a fixed and transmissible beneficial interest. The object of a discretion may have similar rights, and the right was not dependant upon establishing a proprietary interest, but the remedy would be in equity and subject to the court's discretion. A beneficiary of a discretionary trust has a non-assignable and non-transmissible interest in the trust, and has no entitlement as of right to any trust documents or other information relating to the trust in the possession or control of the trustees.
1 Cites

1 Citers

[ PC ] - [ Bailii ] - [ PC ]
 
Youyang Pty Ltd v Minter Ellison Morris Fletcher (2003) 212 CLR 484; [2003] HCA 15
3 Apr 2003

Gleeson CJ, McHugh, Gummow, Kirby, Hayne JJ
Commonwealth
High Court of Australia - Trusts - Express trust - Money received by firm of solicitors to be held for a specific purpose and in accordance with specific conditions - Misapplication of funds by firm - Breach of express trust - Liability of firm as trustee - When breaches of trust occurred - Remedies - Restoration of trust fund - Causation - Whether appellant suffered a recoverable loss in consequence of firm's breaches of trust - Whether appellant would not have suffered loss but for breach of trust - When loss is to be assessed.
1 Citers

[ Austlii ]
 
Pilmer v Duke Group Ltd (2001) 207 CLR 165; [2001] HCA 31
3 Apr 2003

Gleeson CJ, McHugh, Gummow, Kirby, Hayne JJ
Commonwealth
High Court of Australia - Trusts - Express trust - Money received by firm of solicitors to be held for a specific purpose and in accordance with specific conditions - Misapplication of funds by firm - Breach of express trust - Liability of firm as trustee - When breaches of trust occurred - Remedies - Restoration of trust fund - Causation - Whether appellant suffered a recoverable loss in consequence of firm's breaches of trust - Whether appellant would not have suffered loss but for breach of trust - When loss is to be assessed.
1 Cites

1 Citers

[ Austlii ]
 
Alexander Benedetto v The Queen and William Labrador v The Queen [2003] UKPC 27; Gazette, 19 June 2003; [2003] 1 WLR 1545
7 Apr 2003
PC
Lord Hope
Commonwealth
PC (British Virgin Islands) The appellants challenged their convictions for murder which had been based upon alleged confessions to a fellow inmate also awaiting trial. Held: The court must be particularly careful of such evidence, being careful to make clear to a jury the potential benefits to the informant of giving false evidence. The judge here had failed to bring together for the jury the various doubts which might attach to a cellmate's evidence. In view of the doubts as to the cellmate's veracity, and the appeal being allowed, it would be wrong to allow a re-trial. Lord Hope: "Their Lordships have very much in mind the point which Singh JA made in paragraph 35 of the judgment of the Court of Appeal, that the principles which determine the proper role of the prosecutor have to be applied in the context of his own environment. He said that juries need to be spoken to in a language and style that they will understand, and there was nothing wrong with a prosecutor delivering a robust but respectful speech. That is true. But there is an obvious difference between a robust speech and one which is xenophobic, inflammatory and seeks to make use of inadmissible and irrelevant material. Regrettably, some parts of Mr Guerra's speech fell plainly into the latter category."
1 Cites

1 Citers

[ Bailii ] - [ PC ]
 
Martin Rago v Indra Ragoonath [2003] UKPC 29
10 Apr 2003
PC
Lord Hoffmann, Lord Hope of Craighead, Lord Hobhouse of Woodborough, Lord Scott of Foscote, Lord Walker of Gestingthorpe
Commonwealth
PC (Trinidad and Tobago) There had been a traffic accident. The judge had made clear conclusions as to his assessment of the conflicting evidence of the witnesses. His decision was reversed on appeal. Held: There was no sufficient basis for overturning the first instance judge's assessment of the facts. Appeal allowed.
[ Bailii ] - [ PC ]
 
Hung v Gardiner [2003] BCCA 257; 13 BCLR (4th) 298; 1 Admin LR (4th) 152; 227 DLR (4th) 282
6 May 2003


Defamation, Commonwealth
Canlii (Court of Appeal for British Columbia) The court was asked whether a person who provides information to a professional disciplinary body about the conduct of one of its members is liable in an action brought by that member. The clear answer is that the communication of the information is subject to absolute privilege, which provides a defence to all claims.
1 Citers

[ Canlii ]
 
Ian Wight Michael Pilling Michael W Mackey v Eckhardt Marine GmbH [2003] UKPC 37; Times, 06 June 2003; [2004] 1 AC 147
14 May 2003
PC
Lord Hoffmann, Lord Nolan, Lord Hobhouse of Woodborough, Lord Scott of Foscote Lord Walker of Gestingthorpe
Commonwealth, Banking, Jurisdiction, Insolvency
(Cayman Islands) An international bank went into liquidation in the Cayman Islands, with liabilities in Bangladesh. A new bank was created in Bangladesh, and the applicants sought to make the new bank liable, and through them the liquidators. Held: The insolvency discharged the debts and the claimants had no case. The intention had been to isolate and preserve the Bangladeshi debts against the liquidation. The winding up order had had no effect on the respondent's debt, its situs or its proper law. It had been provable even though the lex situs and proper law were both in Bangladesh.
Lord Hoffmann said: "The winding up leaves the debts of the creditors untouched. It only effects the way in which they can be enforced. When the order is made, ordinary proceedings against the company are stayed . . The creditors are confined to a collective enforcement procedure that results in pari passu distribution of the company's assets. The winding up does not either create new substantive rights in the creditors or destroy the old ones. Their debts, if they are owing, remain debts throughout. They are discharged by the winding up only to the extent that they are paid out of dividends. But when the process of distribution is complete, there are no further assets against which they can be enforced. There is no equivalent of the discharge of a personal bankrupt which extinguishes his debt."
1 Cites

1 Citers

[ PC ] - [ Bailii ] - [ PC ]
 
Liubov Ford v Richard Labrador [2003] UKPC 41; Times, 05 June 2003; Gazette, 10 July 2003; [2003] 1 WLR 2082
22 May 2003
PC
Lord Hope of Craighead, Lord Rodger of Earlsferry, Sir Philip Otton
Commonwealth, Litigation Practice, Human Rights, Costs, Natural Justice
(Gibraltar) The appellant had failed in an action for defamation, she had been ordered to pay costs as a condition of her continuing the action. Held: The order was made by the Chief Justice sitting as a judge of the Court of Appeal in an appeal which had been taken against a decision which he himself had made when sitting in the Supreme Court at first instance. That was insupportable. She had not been informed of the hearing of the taxation of the costs she was now asked to pay. Those costs were disproportionate to the matter before the court. The European Convention has not been incorporated into the domestic law of Gibraltar and the decisions of the European Court are not strictly binding on the courts of Gibraltar, but they are rightly treated, where pertinent, as persuasive.
1 Cites

1 Citers

[ Bailii ] - [ PC ] - [ PC ]
 
Aurelio Pop v The Queen [2003] UKPC 40; (2003) 137 SJ 692; (2003) 62 WIR 18
22 May 2003
PC
Lord Rodger of Earlsferry
Commonwealth, Criminal Practice
PC (Belize) A witness identified the accused only making the link between the man he knew as R and the accused as the result of an improper leading question by prosecuting counsel. There had been no identification parade as required under Belize law and the judge should have "warn[ed] the jury of the dangers of identification without a parade and should have explained to them the potential advantage of an inconclusive parade to a defendant such as the appellant. For these reasons, he should have explained, this kind of evidence was undesirable in principle and the jury would require to approach it with great care" and "pointed out to the jury that [because of counsel's leading question] they required to take even greater care in assessing Adolphus' evidence that it was the appellant who had shot the deceased" The need in recognition cases for an appropriate Turnbull direction is not diminished. Lord Rodger of Earlsferry referred to "the potential advantage of an inconclusive parade to a defendant such as the appellant.
1 Cites

1 Citers

[ Bailii ] - [ PC ] - [ PC ]
 
Ramnath Jeetah v Beejwantee Ramkurrun [2003] UKPC 43
11 Jun 2003
PC

Commonwealth
PC Mauritius
[ Bailii ] - [ PC ] - [ PC ]

 
 Channel Islands Knitwear Company Limited v Hotchkiss; PC 16-Jun-2003 - [2003] UKPC 45
 
Kirk v Royal College of Veterinary Surgeons (Rcvs) [2003] UKPC 47
17 Jun 2003
PC

Commonwealth

[ Bailii ]
 
Jones v Her Majesty's Attorney-General sued on behalf of New Zealand Police [2003] UKPC 48
19 Jun 2003
PC
Lord Bingham of Cornhill, Lord Hutton, Lord Hobhouse of Woodborough, Lord Scott of Foscote, Lord Rodger of Earlsferry
Commonwealth, Police, Litigation Practice
PC (New Zealand) The claimant was stopped driving his son to the airport. He drove off, but was stopped again. He complained at the constable's conduct. His claim was struck out. He had been stopped under road traffic legislation, but this was not available for non-traffic purposes. Held: There were disputes as to the exact circumstances in which the constable had stopped the car, but a plaintiff's claim should not be dismissed without trial save under the clearest of circumstances indicating that the claim would fail. That had not been shown here. Appeal allowed.
[ Bailii ] - [ PC ]
 
Carlton Greer v Alstons Engineering Sales and Services Limited [2003] UKPC 46
19 Jun 2003
PC

Commonwealth, Torts - Other
PC (Trinidad and Tobago) The claimant had bought an expensiv agriucltural tool (a hoe) from the defendants. It was defective and her returned it repeatedly for repair. Eventually they refused to allow him to test drive it or return it after a repair without an earlier repair bill being paid. He claimed in detinue. Many years later the court of appela found in is favour but wawarded only nominal damages for his loss of use of the hoe, saying that he hasd not established enough to claim more. He appealed. Held: The appeal succeeded in part. Neither a claim for interest nor the facts and matters relied on in support of such a claim need be pleaded, and te respondent's argument on this score failed. Interest was awarded for much of the intervening period.
1 Cites

[ Bailii ] - [ PC ] - [ PC ]
 
Donovan Crawford Regardless Limited Alma Crawford v Financial Institutions Services Limited [2003] UKPC 49; Times, 09 July 2003
19 Jun 2003
PC
Lord Bingham of Cornhill, Lord Hutton, Lord Rodger of Earlsferry, Lord Walker of Gestingthorpe, The Rt. Hon. Justice Tipping
Commonwealth
PC (Jamaica) The petitioners sought leave to appeal to the Privy Council. They had an appeal as of right. They now sought special leave, complaining that the Court in Jamaca had granted leave subject to them giving security for costs. Held: The Jamaican courts did not have the right to qualify the leave to appeal by addition of a condition requiring payment of outstanding costs. The right of appeal was granted under the constitution, and that took priority over the right of a successful party to recover his costs. Special leave was granted.
1 Cites

[ Bailii ] - [ PC ]
 
Waikato Regional Airport Ltd and others v Attorney General [2003] UKPC 50
30 Jun 2003
PC
Lord Nicholls of Birkenhead, Lord Hope of Craighead, Lord Hutton, Lord Rodger of Earlsferry, Lord Walker of Gestingthorpe
Commonwealth, Local Government
PC New Zealand
1 Citers

[ PC ] - [ Bailii ] - [ PC ]
 
National Commercial Bank (Jamaica) Limited v Hew and Hew (as executors of the estate of Stephen Hew (deceased)) and Hew [2003] UKPC 51
30 Jun 2003
PC

Commonwealth
PC (Jamaica)
[ PC ] - [ Bailii ] - [ PC ]
 
Newport Farm Ltd and 22 others v Damesh Holdings Ltd and others [2003] UKPC 54; Times, 15 July 2003
7 Jul 2003
PC
Lord Hutton Lord Slynn of Hadley Lord Hobhouse of Woodborough Lord Scott of Foscote Lord Rodger of Earlsferry
Commonwealth, Land
(New Zealand) The clamaints alleged that mortgagees had failed to take proper steps to obtain the best price on selling their properties as mortagees. The common law duty had been encapsulated in the 1952 Act. Here, however the landowners had negotiated and set the terms of the transaction. There was no breach of duty shown. The court in Tse Kwong Lam did not set down or formulate invariable rules as to steps to be taken by a mortgagee when contemplating a sale to a company in which he is interested. The sale had been agreed before the associated compamy took any interest.
Property Act 1952 (New Zealand) 103A
1 Cites

[ PC ] - [ Bailii ] - [ PC ]
 
Mount Murray Country Club Ltd and others v Commission of Inquiry Into Mount Murray and Another (1) [2003] UKPC 53; Times, 15 July 2003
7 Jul 2003
PC
Lord Bingham of Cornhill Lord Hoffmann Lord Rodger of Earlsferry Lord Walker of Gestingthorpe The Rt. Hon. Justice Tipping
Commonwealth, Taxes Management, Planning
(Isle of Man) The company appealed an order requiring disclosure of their tax documents to an enquiry. The enquiry into possible corruption had been ordered by the Tynwald. Held: The provisions of the Act protecting tax documents from disclosure were subject to statutory exceptions ("(j) unless required or authorised to do so by any enactment or by order of a court in the Island."). It was wrong to treat it as akin to legal professional privilege, where there would be no balancing exercise. The request fell within the exception and the documents should be produced, and no order should be made to limit their use.
Income Tax Act 1970 (Isle of Man) 106
1 Cites

[ PC ] - [ Bailii ] - [ PC ] - [ PC ]
 
Bank of New Zealand v Board of Management of the Bank of New Zealand Officers' Provident Association [2003] UKHL 58
14 Jul 2003
PC
Lord Hoffmann, Lord Hobhouse of Woodborough, Lord Millett, Lord Walker of Gestingthorpe, Sir Andrew Leggatt
Commonwealth
PC (New Zealand) The defendant operated a superannuation scheme for and on behalf of the officers of the bank it regulated. The trustees ought to amend the scheme, but it had been set up by statute. Held: When assessing such amendments to see whether they remained within the purposes of the original scheme as set up, the court was not limited to express statements made in the founding documents.
1 Cites

[ Bailii ] - [ PC ]
 
Premium Investments Limited Town and Country Resorts Limited v The Commissioner of General Consumption Tax [2003] UKPC 62
30 Jul 2003
PC
Lord Nicholls of Birkenhead Lord Hoffmann Lord Hope of Craighead Lord Walker of Gestingthorpe Sir Philip Otton
Commonwealth, Taxes - Other
PC (Jamaica) A General Consumption Tax is a turnover tax. New provisions sought to tax touristic supplies. A tourist resort was managed for the petitioners. After falling into arrears with GCT, they asserted that they were not after all responsible for the collection of GCT. Their liability had been upheld first on an estoppel, then under s33(2). Held: The potential libility of the managers to GCT did not displace that of the petitioners, who were liable as the registered taxpayers under the statute.
General Consumption Tax 1991 (Jamaica) 3(1) 26A 33(2)
[ Bailii ] - [ PC ]
 
Belize Alliance of Conservation Non-Governmental Organisations v Department of the Environment and Another (No 2) [2003] UKPC 63; Times, 25 September 2003; Gazette, 16 October 2003
13 Aug 2003
PC
Lord Walker of Gestingthorpe Sir Martin Nourse Sir Andrew Leggatt
Commonwealth, Litigation Practice, Environment
(Belize) The applicants sought an interim order preventing continuation of the building of a dam, saying that the environmental damage had not been properly aanticipated. Held: The Board of the Council did have power to grant an interim injunction to preserve the situation pending a final ruling. That power derived from the power of any superior court to supervise its own procedures. The principles to be applied were the general ones applying those from American Cynamid, amended as necessary to accord with the context of public law. However, here the very substantial works were already under way, the claimants were understandably unable to undertake for any damages, and the balance of convenience lay against the applicants, and no order should be made.
1 Cites

1 Citers

[ Bailii ] - [ PC ] - [ PC ]
 
Antigua Public Utilities Authority v Malcolm Alphonso Edwards 35 of 2002; [2003] UKPC 64
2 Oct 2003
PC
Lord Millett, Lord Scott of Foscote, Lord Walker of Gestingthorpe, Sir Christopher Staughton
Commonwealth, Employment, Estoppel
PC (Antigua and Barbuda) Upon the transfer of utilities into private companies controlled by the government, the respondent's employment was also to be transferred. The issue concerned his new contract terms. The respondent was employed on a fixed term contract. Under that contract he was to be paid a gratuity at the end of the term. The new contract was permanent with no gratuity or pension payable. Held: Vested rights had been promised to be protected, but no estaoppel could be established. The applicant's alteration of his retirement date by a few weeks could not give rise to one. The evidence suggested that Mr Edward's position was treated as special, and a letter was more likely to have been sent than not. He was entitled to a pension, though on a different basis than the award appealed.
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[ PC ] - [ Bailii ]
 
Franklyn Dailey v Harriet Dailey [2003] UKPC 65
2 Oct 2003
PC
Lord Hope of Craighead, Lord Clyde, Lord Hutton, Sir Andrew Leggatt, Sir Philip Otton
Family, Commonwealth, Undue Influence
PC (British Virgin Islands) The husband and wife had developed a business together. Transfers between the parties had taken place and there were suspicions about misappropriation of money. Held: The relationship of husband and wife does not, as a matter of law, raise a presumption of undue influence. The trial judge was here entitled to hold that the transaction was at arm's length, and the wife could not set it aside. The husband had failed to establish his claim that the respondent had taken money from this account for her own use. The amount which he took from the account fell to be divided between the parties equally.
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[ PC ] - [ Bailii ]
 
KLB v British Columbia [2003] SCC 51; [2003] SCJ No 51; [2003] 2 SCR 403
2 Oct 2003

McLachlin CJ and Gonthier, Iacobucci, Major, Bastarache, Binnie, Arbour, LeBel and Deschamps JJ
Commonwealth, Negligence
Canlii (Supreme Court of Canada) Torts - Liability - Intentional torts - Abuse of children by foster parents - Whether government can be held liable for harm children suffered in foster care - Whether government negligent - Whether government vicariously liable for torts of foster parents - Whether government liable for breach of non-delegable duty - Whether government liable for breach of fiduciary duty.
Limitation of actions - Torts - Intentional torts - Abuse of children by foster parents - Whether government can be held liable for harm children suffered in foster care - Whether tort actions barred by Limitation Act - Limitation Act, R.S.B.C. 1996, c. 266, ss. 3(2), 7(1)(a)(i).
Torts - Damages - Intentional torts - Abuse of children by foster parents - Whether government can be held liable for harm children suffered in foster care - Proper basis for assessing damages for child abuse by parent or foster parent.
The court considered the difficulty of setting down a unifying principle of the idea of a non-delegable duty: "It may be that there is no single common law concept of non-delegable duty. Instead, the phrase seems to have been used to describe a number of situations in which special, non-delegable duties arise. If this is correct, then rather than seeking to state the doctrine in terms of a single principle, we should look to the different situations in which such duties have been found — an approach consonant with the traditional methods of the common law. In Lewis (Guardian ad litem of) v. British Columbia, 1997 CanLII 304 (SCC), [1997] 3 S.C.R. 1145, at para. 20, Cory J. suggested that these different situations comprise a "spectrum of liability", and that "[w]ithin that spectrum there are a variety of legal obligations which may, depending on the circumstances, lead to a principal's liability for the negligence of an independent contractor."
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[ Canlii ]
 
Tanwar Enterprises Pty Ltd v Cauchi (2003) 217 CLR 315; [2003] HCA 57
7 Oct 2003

Gleeson CJ, McHugh, Gummow, Kirby, Hayne, Callinan, Heydon JJ
Commonwealth, Land, Contract
High Court of Australia - Vendor and purchaser - Contracts for sale of land - Default by purchaser - Notice of termination - Supplemental deed requiring completion by stipulated date - Time of essence - Default by purchaser - Notice of termination - Purchase price available following day - Specific performance - Whether unconscientious for vendors to exercise right of termination - Whether relief on the ground of "accident" available in face of essential time stipulation.
Equity - Relief against forfeiture - Contracts for sale of land - Default by purchaser - Whether unconscientious for vendors to exercise right of termination - Whether default occasioned by "accident" - Whether relief on the ground of "accident" available in face of essential time stipulation.
1 Citers

[ Austlii ]
 
Hunter, Moodie v The Queen [2003] UKPC 69
8 Oct 2003
PC
Lord Bingham of Cornhill, Lord Hope of Craighead, Lord Clyde, Lord Hutton, Lord Millett
Commonwealth, Crime
PC (Jamaica) The defendants appealed against their convictions for capital murder. Held: The appeals were allowed, and non-capital convictions substituted. It is not enough to comply with section 2(2), for the judge to give directions to the jury about the law of joint enterprise and as to whether the murder was committed in the circumstances which make it capital murder as set out in subsection (1). The jury must, of course, be invited in a case of that kind to reach a separate verdict for each defendant on the question whether he is guilty of murder. But it must also be made clear to the jury that a separate verdict is required against each defendant as to whether the murder which he committed was capital murder as defined by the statute.
Offences against the Person Act 1864 2(2)
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[ PC ] - [ Bailii ]
 
Alexander Benedetto v The Queen (No and William Labrador v The Queen (No 2) [2003] UKPC 70; [2004] 1 WLR 500
20 Oct 2003
PC

Commonwealth
PC British Virgin Islands
1 Cites

1 Citers

[ PC ] - [ Bailii ] - [ PC ]
 
Haroon Khan v The State [2005] 1 AC 374; [2003] UKPC 79; Times, 26 November 2003; Gazette, 15 January 2004
20 Nov 2003
PC
Lord Bingham of Cornhill, Lord Steyn, Lord Millett, Lord Rodger of Earlsferry, Lord Walker of Gestingthorpe
Commonwealth, Crime, Constitutional
PC (Trinidad and Tobago) The appellant had been convicted of felony murder. He was one of four engaged in a robbery, where the victim received fatal injuries. Held: The felony murder rule had been re-introduced after it had been repealed as a side effect of abolishing the distinction between felonies and misdemeanours. The appellant now argued that the re-introduction of the rule was unconstitutional, as it was inconsistent with the presumption of innocence. "The presumption of innocence is perhaps the most fundamental principle underlying the administration of the criminal law. It places on the prosecution, fairly and squarely, the duty of proving guilt. But it does not control the ingredients of the offence which the prosecution must prove to establish guilt." The present case fell within that rule, and the new law was not unconstitutional. The appellant's sentence of death was however overturned under Roodal.
1 Cites

1 Citers

[ Bailii ] - [ PC ]
 
Mukta Gokaldas Hindocha (widow of C S Gheewala) and Others v Mahesh Shamjibhal Juthabhai Gheewala and Others [2003] UKHL 77
20 Nov 2003
PC
Lord Nicholls of Birkenhead, Lord Hoffmann, Lord Hope of Craighead, Lord Walker of Gestingthorpe, Sir William Aldous
Commonwealth, Jurisdiction, Wills and Probate
PC (Jersey) The defendant sought a stay of the action, arguing it should be heard in another jurisdiction. He wanted the estate to be administered in Kenya, a jurisdiction which would apply Hindu laws of coparceny, but the substantial asset was in Jersey. Held: The Royal Court was right in its view that Kenya is clearly a more appropriate forum than Jersey for the trial of Mahesh's action, and that no compelling reason has been made out for rejecting Kenya on the ground that Mahesh (or any other party) cannot expect to obtain justice there.
1 Cites

[ Bailii ] - [ PC ]
 
Balkissoon Roodal v The State [2003] UKHL 78; Times, 26 November 2003; Gazette, 15 January 2004; [2004] 2 WLR 652; Gazette, 05 February 2004
20 Nov 2003
PC
Lord Bingham of Cornhill, Lord Steyn, Lord Millett, Lord Rodger of Earlsferry, Lord Walker of Gestingthorpe
Constitutional, Criminal Sentencing, Commonwealth
(Trinidad and Tobago) The appellant challenged the automatic death sentence imposed upon him for murder. Held: There were conflicting constitutional provisions. Following Fisher, in the context of issues of capital sentences a wider view was required. The death penalty should no longer be read as mandatory. Legislation since 1976 meant that the court now had a ciscretion to impose imprisonment.
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[ Bailii ] - [ PC ]
 
Leta Almeda v Her Majesty's Attorney General for Gibraltar [2003] UKHL 81; [2003] UKPC 81
24 Nov 2003
PC

Commonwealth
PC (Gibraltar)
1 Cites

1 Citers

[ PC ] - [ Bailii ]
 
Marcelle Skeete v The State [2003] UKHL 82
24 Nov 2003
PC

Commonwealth, Criminal Practice
PC (Trinidad and Tobago) Practice for appellate court considering increase of sentence.
1 Citers

[ PC ] - [ Bailii ]
 
Wills v Wills [2003] UKPC 84
1 Dec 2003
PC

Commonwealth
PC Jamaica
[ PC ] - [ Bailii ]
 
Pratt Contractors Limited v Transit New Zealand [2003] UKPC 83
1 Dec 2003
PC
Lord Nicholls of Birkenhead, Lord Slynn of Hadley, Lord Hoffmann, Lord Hope of Craighead, Lord Walker of Gestingthorpe
Commonwealth, Contract
PC (New Zealand) The claimant sought damages arising from the defendant's management of a bidding process. It had submitted the lowest tender, but that had been rejected. The tender document allowed rejection of the lowest bid. Held: The findings of fact justify a conclusion that there was a breach of the express or implied terms of the preliminary procedural contract at either of the tender rounds. They also agree with the Court of Appeal that even if there was such a breach in the first round, it would have had no causative effect on Pratt's failure to obtain the contract.
[ PC ] - [ Bailii ]
 
Trinidad Home Developers Ltd v IMH Investments Ltd [2003] UKPC 85
8 Dec 2003
PC

Commonwealth
(Trinidad and Tobago)
[ Bailii ]
 
Appellant S395/2002 v Minister for Immigration and Multicultural Affairs [2003] HCA 71; [2003] 216 CLR 473; [2003] 203 ALR 112; [2003] 78 ALJR 180
9 Dec 2003

McHugh, Kirby JJ
Commonwealth, Immigration, Human Rights
(High Court of Australia) McHugh and Kirby JJ said: "Persecution covers many forms of harm ranging from physical harm to the loss of intangibles, from death and torture to state sponsored or condoned discrimination in social life and employment. Whatever form the harm takes, it will constitute persecution only if, by reason of its intensity or duration, the person persecuted cannot reasonably be expected to tolerate it."
1 Citers

[ Austlii ]
 
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