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Citation
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Judgment date
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| October 2014 |
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Court affirmed judge‑alone trial under TWAJO; no criminal proof standard for s4 and judge’s appointment was constitutionally acceptable.
Trials without a jury – s.4 TWAJO – "satisfied" invites judicial evaluative assessment not criminal standard; Pre‑trial publicity and "climate of fear" may justify judge‑alone trial; Judicial independence/impartiality – tenure, appointment process and constitutional safeguards assessed against Strasbourg jurisprudence; Prior co‑defendant sentencing does not automatically disqualify judge absent objective risk of bias.
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20 October 2014 |
| September 2014 |
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Appeal allowed and matter remitted because trial judge failed to properly analyse a key valuation report commissioned by the respondent.
Equity/Unjust enrichment – undervalue transfer of Crown land; knowing receipt and fiduciary duty – assessment of knowledge; valuation evidence – duty to analyse a valuation commissioned by a beneficiary and its contemporaneous market-value statement; appellate remedy – remittal for rehearing where trial judge misappreciates key documentary evidence.
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11 September 2014 |
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Application for Privy Council leave refused: extension of time for serving Notice of Intention to Appeal not appealable as of right.
Appeals — Privy Council — Article 3(a) (as of right) — requirement of monetary value or property claim — interlocutory extension application not monetizable
Appeals — Privy Council — Article 3(b) (leave) — question of "great or general importance" — applicant's procedural question not found to satisfy test. Civil procedure — Notice of Intention to Appeal (s.15 Court of Appeal Ordinance) v Notice of Appeal (Rule 13) — tension between Ordinance and Rules noted but not resolved
Jurisdiction — Court of Appeal's power to extend time — following Inversiones Globales Ltd v Hope, no power to extend time under s.15
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11 September 2014 |
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Appellate court dismissed rape appeal despite omission of a cautionary direction, applying proviso and confirming seven-year sentence.
Criminal law – rape – complainant intoxication and cautionary directions; absence of DNA evidence – jury assessment; majority verdict directions – when required; good character directions – credibility limb required only where defendant gives evidence or relies on exculpatory statements; application of proviso (s.7(1) Court of Appeal Ordinance).
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11 September 2014 |
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Whether prosecutions under the Integrity Commission Ordinance were time‑barred and whether a customs officer’s failure to verify a veterinary certificate constituted corruption.
Criminal law – corruption – act of corruption by public official – failure to ensure statutory veterinary certificate compliance for imported animal. Statute of limitations – Public Authorities Protection Ordinance – whether protection applies to acts not bona fide in execution of duty
Integrity Commission Ordinance – sections 13(1)(e), 55–58 and 57 – Commission investigations on own initiative, powers of investigative officers, and prosecutions arising therefrom
Jurisdiction – Magistrates’ Court competence to try offences arising from Commission investigations. Customs and public health law – requirements of veterinary certificates under Public and Environmental Health Ordinance section 28
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11 September 2014 |
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Summary judgment entered without required service, reasons, or basis on the pleadings was set aside and matter remitted.
Civil procedure – summary judgment – Order 14 requirements – service and time for summons and affidavit – abridgement of time; Judicial discretion – adjournment – requirement to give reasons; Pleadings – liability of multiple corporate plaintiffs where contract admitted to be with one only; Duty to consider pleaded defences (force majeure, frustration) before summary judgment; Failure to give adequate reasons as standalone ground of appeal; Removal of charging order entered consequent to set-aside judgment.
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11 September 2014 |
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A statutory deeming provision that shifts the burden to a ship’s master to disprove knowledge of drugs violates the presumption of innocence and is not justified.
Constitutional law – presumption of innocence – statutory deeming/reverse onus provision in drug law – whether reverse onus violates s.6(2)(a) and s.6(7) – limitation in public interest under s.1 – proportionality and rational connection (Oakes; Salabiaku; Lambert).
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11 September 2014 |
| July 2014 |
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An unsealed, unsigned notice failed to meet section 15 and the Court of Appeal lacked power to extend time; application dismissed.
Court of Appeal – appeals from Supreme Court (civil) – section 15 Court of Appeal Ordinance – Notice of Intention to Appeal must be written, given to Registrar and served within 28 days – unsealed/unsigned notice invalid – Rules vs Ordinance conflict – extension of time jurisdiction not vested in Court of Appeal but in Supreme Court – application dismissed.
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4 July 2014 |
| May 2014 |
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A Belonger Status certificate is evidence, not conclusive; marital-transfer restriction does not violate constitutional discrimination.
Immigration law – Belonger Status – interpretation of section 3(6)(a) – certificate as evidence but not conclusive
Evidence – admissibility of executive records and Permanent Secretary’s evidence to rebut errors on certificates. Citizenship acquisition – section 3(2) excluding spouses of persons who acquired status by marriage from passing status. Constitutional law – discrimination under section 15 TCI Constitution – limited to specified grounds; scheme does not violate equality provision
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8 May 2014 |
| April 2014 |
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Default judgment set aside where no contractual termination, procedural irregularity, and delay did not justify refusing relief.
Civil procedure – setting aside default judgment; irregular default judgment; contractual termination and liquidated damages (clauses 6.2(a), 6.3); attorney professional conduct (duty not to take default where another attorney is concerned); discretion and delay in relief from judgment.
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8 April 2014 |
| January 2014 |
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30 January 2014 |
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Appeal dismissed: trial judge properly allowed prosecution reopening; summing‑up fair and sentence not excessive.
Criminal law – reopening prosecution case after close – judicial discretion; admission evidence; summing‑up – permissible judicial comment versus improper direction; self‑defence; sentence review – manifest excess.
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30 January 2014 |
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Defence counsel's failure to put the appellant's instructed defence to witnesses denied the appellant a fair trial.
Criminal law – right to a fair trial – duty of defence counsel to put the accused's case to prosecution witnesses (Browne v Dunn) – tactical decisions versus following client instructions – counsel's failure to present essential defence can amount to miscarriage of justice – conviction unsafe; retrial ordered.
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30 January 2014 |
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Compensation award remitted where Tribunal failed to explain preferring oral testimony over documentary evidence on wages and start date.
Employment law – unfair dismissal – Tribunal's duty to give reasons – preferring oral evidence over documentary records – necessity to state findings on commencement date and wages before awarding compensation.
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30 January 2014 |
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Departure by defence counsel from the accused’s instructed defence without consent can deny a fair trial and render a conviction unsafe.
Criminal law — Fair trial — Duty of defence counsel to put client’s case to prosecution witnesses — Tactical decisions by counsel — Effect of counsel departing from instructions without client consent. Criminal procedure — Miscarriage of justice — When counsel’s conduct renders a conviction unsafe
Evidence — Failure to challenge prosecution evidence on matters central to defence (explanation for DNA) may prejudice fairness of trial
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30 January 2014 |
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Fine for contempt reduced to US$1,000; attorneys must seek court approval to vary court orders.
Contempt — Failure to comply with disclosure order; duty of attorneys to obey court orders and to apply for extensions before deadlines; informal private variations of court orders improper; mitigation in fixing penalties for contempt; reduction of excessive fine from US$3,000 to US$1,000; costs order — respondent to have 50% of costs.
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30 January 2014 |
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A Labour Tribunal decision made by only two members after a member’s revocation is irregular and must be vacated and reheard.
Labour law – Tribunal composition – Validity of decision where a member’s appointment is revoked before judgment – Employment Ordinance ss.94, 95(5) – Irregularly constituted tribunal requires vacatur and rehearing.
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30 January 2014 |