A weekly review of cases decided by the Judicial Committee of the Privy Council, hosted by Legal Style Blog's Elijah Granet.
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Attorney General v Maharaj [2023] UKPC 36, T&T
20:54
20:54
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This week, it’s a momentous case of constitutional law from Trinidad & Tobago, in a judgment from Sir Rabinder Singh, as we consider the constitutionality of sedition laws. Is sedition to ovague an offence to be legally certain? Can a guarantee of a ‘democratic’ State in the constitution be enough to strike a law down? Does Australian case law have…
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This week, we consider the meaning of natural justice, as we look at a case where a convicted killer was denied the chance to give submissions as to his sentence, and the court gave no reasons for the sentence it gave. What does justice demand? Link to Case: [2023] UKPC 32, Bah Legal Style Blog homepage Twitter: @legalstyleblog E-mail: editor@legal…
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Garcia v Arima Door Centre Holding Co Ltd [2023] UKPC 31, T&T
10:39
10:39
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This week, we take a long at our shortest ever case on the podcast, a slim sixteen paragraphs on a simple issue of statutory interpretation on which the success or failure adverse possession claim rests. Who gets the land? Listen to find out Link to Case: [2023] UKPC 31, T&T Legal Style Blog homepage Twitter: @legalstyleblog E-mail: editor@legalsty…
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In this episode, we consider the difficult thresholds for proving a case of malicious prosecution. What does it take for an innocent man, wrongly prosecuted by the State, to get damages? How exactly do you prove a negative? Plus, an appearance from our old friend, the rule in Devi v Roy! Link to Case: [2023] UKPC 30, T&T Legal Style Blog homepage T…
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Finzi v Jamaican Redev’t Fdn Inc [2023] UKPC 29, Jam
15:39
15:39
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In this episode, we consider how courts should decide when allegations of fraud made (considerably) after judgment are sufficient to re-open the cases. Plus, Lord Leggatt teaches how to read a judgment! Link to case: [2023] UKPC 29, Jam Legal Style Blog homepage Twitter: @legalstyleblog E-mail: editor@legalstyle.co.uk Legal Style Blog Guide to Unif…
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Attorney General v Trinsalvage [2023] UKPC 26, T&T
16:19
16:19
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In this episode, we look at the issue of unjust enrichment and the stultification (blocking or interference with) of public policy defence. In one corner, Lord Burrows (for the majority) argues a restitutionary remedy is sufficiently distinct to avoid stultifying legislation about public contracts. In the other, Lord Briggs of Westbourne argues tha…
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This episode, we look at a shocking Jamaican criminal justice travesty, and consider: what is ‘good cause’ to hear an out of time criminal appeal? Link to case: [2023] UKPC 25, Jam Legal Style Blog homepage Twitter: @legalstyleblog E-mail: editor@legalstyle.co.uk Legal Style Blog Guide to Uniform Privy Council Citations…
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Blue Lagoon Beach Hotel & Co Ltd v Assessment Review Committee [2023] UKPC 24, Mrc
9:06
9:06
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This episode, we take a look at VAT and a simple puzzle: if you sell the right to use a hotel room to a tour operator, but no tourists book it, was a taxable supply provided? Link to case: [2023] UKPC 24, Mrc Legal Style Blog homepage Twitter: @legalstyleblog E-mail: editor@legalstyle.co.uk Legal Style Blog Guide to Uniform Privy Council Citations…
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This week, we examine a case about an ambulatory reception provision, and explore why a 2013 Act of the UK Parliament applies in St Lucia. Link to case: [2023] UKPC 22, Luc Abrak Saati’s journal article on St Lucian politics ‘The political consequences of smallness’ Legal Style Blog homepage Twitter: @legalstyleblog E-mail: editor@legalstyle.co.uk …
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Maharaj v The Cabinet [2023] UKPC 17, T&T
12:30
12:30
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12:30
This week, we examine a case about statutory interpretation, and in particular, how to balance the courts’ interest in protecting democratic rights with their duty to implement the intentions of Parliament. Featuring a dissent from Lord Briggs of Westbourne! Link to case: [2023] UKPC 17, T&T Legal Style Blog homepage Twitter: @legalstyleblog E-mail…
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This week, we examine a case about conditional law, citizenship, and the meaning of the word ‘parents’. Link to case: [2023] UKPC 13, Bah Legal Style Blog homepage Twitter: @legalstyleblog E-mail: editor@legalstyle.co.uk
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McPhee v Colina Insurance Ltd (Bahamas) [2023] UKPC 8, Bah
6:24
6:24
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This week, we examine a case that split a bare majority from a dissenting minority, on the question of how far judges should inquire into the findings of courts below. Plus, a snapping dictum about unmeritorious litigants! Link to case: [2023] UKPC 8, Bah Legal Style Blog homepage Twitter: @legalstyleblog E-mail: editor@legalstyle.co.uk…
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Ramoon v Governor of the Cayman Islands [2023] UKPC 9
10:13
10:13
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This week, we examine the limits of inherent jurisdiction, and when an unfair procedure might or might not be the fairest way to decide a case. Closed material proceedings and public interest immunity abound! Link to case: [2023] UKPC 9, Cay Legal Style Blog homepage Twitter: @legalstyleblog E-mail: editor@legalstyle.co.uk…
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HEB Enterprises v Richards [2023] UKPC 7, Cay
10:43
10:43
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This week, we examine how to construct a contract that doesn’t seem to cover the whole of the actual agreement. Plus, an argument about consideration! Link to case: [2023] UKPC 6, Cay Legal Style Blog homepage Twitter: @legalstyleblog E-mail: editor@legalstyle.co.uk
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Attorney General v Jamaican Bar Association [2023] UKPC 6
17:54
17:54
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This week, we look at an important constitutional case about the interaction between anti-money laundering rules and legal professional privilege. Plus, the Oakes test makes a cameo! Link to case: [2023] UKPC 6 Legal Style Blog homepage Twitter: @legalstyleblog E-mail: editor@legalstyle.co.uk
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Lux Locations Ltd v Yida [2023] UKPC 3, A&B
13:49
13:49
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This week, we consider how the rules about default judgments should be interpreted. Does a court have to take all the facts as claimed? Plus, Lord Leggatt makes a sporting metaphor! Link to case Legal Style Blog homepage Twitter: @legalstyleblog Contact the podcast
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Responsible Development for Abaco (RDA) Ltd v Christie & Ors [2023] UKPC 2, Bah
12:09
12:09
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12:09
This week, we consider how public interest litigation interacts with rules about security for costs. As ever, feel free to contact the podcast via e-mail. Link to case: [2023] UKPC 2, Bah Legal Style Blog Homepage Twitter: @legalstyleblog
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Carriacou Devcor Ltd v Corion [2023] UKPC 1, Grd
7:58
7:58
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This week, we return to an old friend: the rule in Devi v Roy, and also consider the reasons for appellate deference by the Board. Link to case: [2023] UKPC 1, Grd Legal Stlye Blog homepage Twitter: @legalstyleblog
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Grand View Private Trust Co Ltd v Wong [2022] UKPC 47, Bda
10:39
10:39
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10:39
This week, we go to Bermuda for a case about the improper exercise of a trust power. When is a fiduciary's use of a power considered to be outside the settlor's purpose? Link to case: [2022] UKPC, 47 Bda Homepage: Legal Style Blog Twitter: @legalstyleblog Comment? E-mail editor@legalstyle.co.uk
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C-Care Ltd v Employment Relations Tribunal [2022] UKPC 58, Mrc
6:45
6:45
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This week, we have our first Mauritian case of the podcast, and consider what 'promptness' means when bringing a judicial review. Link to case: [2022] UKPC 58, Mrc Legal Style Blog Twitter: @legalstyleblog Comments? E-mail editor@legalstyle.co.uk
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Water and Sewerage Authority of Trinidad and Tobago v Sahadath [2022] UKPC 56
10:43
10:43
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This week, we get our first judicial smackdowns of the podcast, as Lord Leggatt rejects an appeal that manifestly shouldn't have been brought, and discuss the rule in Devi v Roy [1946] AC 508, PC (Bengal). Link to case: [2022] UKPC 56 Related Article: Top Ten Judicial Smackdowns of 2022 Twitter: @legalstyleblog…
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On this episode, we discuss a Trinidadian constitutional case about the right to legal protection. Link to case: [2022] UKPC 49, T&T Brought to you by the Legal Style Blog Twitter: @legalstyleblog
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In this episode, we examine Breisford v Providence Estate Ltd [2022] UKPC 46, Mnt, which deals with the question of mistake in land law. Host: Elijah Granet Sponsor: The Legal Style Blog Twitter: @legalstyleblog
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