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8 judgments

Citation	Judgment date
December 2017
O'Connor (Senior) and Others v The Propriet Ors., Strata Plan No. 51 (JCPC 27 of 2016) [2017] UKPC 45 (21 December 2017) A one‑month minimum rental by‑law validly regulates residential use, not unlawfully restricting alienation. Strata title – by‑law construction – restriction on use v. restriction on alienation – s.20(4) validity – one‑month minimum rental to preserve residential character – short‑term holiday letting.	21 December 2017
March 2017
Akita Holdings Limited (Appellant) v The Honourable Attorney General of The Turks and Caicos Islands (Respondent) (JCPC 64 of 2016) [2017] UKPC 7 (27 March 2017) A knowing recipient of undervalued property may be treated as constructive trustee and must account for profits, not just the undervalue. Equity – Knowing receipt – Requirements: disposal in breach of fiduciary duty; recipient’s beneficial receipt of assets traceable to that disposal; recipient’s knowledge – El Ajou/Arthur applied. Constructive trust – Land acquired at undervalue may be treated as trust asset; recipient liable to account. Account of profits – Liability arises from making a profit in breach of fiduciary duty, not from proof of loss or causal link to specific profits. Proprietary v personal remedies – Both available; claimant not confined to monetary undervalue	27 March 2017
June 2015
Misick and others v The Queen (Turks and Caicos) (Privy Council Appeal 42 of 2015) [2015] UKPC 31 (25 June 2015) Ad hoc appointment did not undermine judicial independence; judge-alone trial decision is an evaluative balancing, not a criminal-standard proof matter. Constitutional law — right to a fair hearing by an independent and impartial court — security of tenure and ad hoc judicial appointments. Judicial independence — individual and institutional independence; role of an independent Judicial Service Commission. Criminal procedure — trial without jury under statutory "interests of justice" test is an evaluative balancing exercise, not governed by the criminal standard of proof. Evidence/admissibility distinction — factual preconditions requiring proof vs evaluative judicial judgments in the interests of justice	25 June 2015
October 2014
FortisTCI Ltd v Islandcom Telecommunications Ltd (JCPC 41 of 2013) [2014] UKPC 33 (16 October 2014) Regulatory powers and licensing procedures govern spectrum rights; ISM AMR meters did not require spectrum or carrier licences. Telecommunications law – spectrum allocation – validity of licence amendments – necessity of statutory procedures for allocation; Spectrum management – ISM bands – exemption from spectrum-licence requirement; Carrier licences – definition of "telecommunications network" – standalone AMR meters not a network; Statutory interpretation – reading licensing provisions in context to avoid irrational results.	16 October 2014
March 2013
Attorney General of the Turks and Caicos Islands and Anor. v Richardson (as Trustee in bankruptcy of Yellowstone Club World LLC) (JCPC 47 of 2012) [2013] UKPC 9 (14 March 2013) Underpayment of stamp duty does not create a registrable charge and a s132 restriction entered without independent inquiry is unlawful. Registered land – Restriction (s132) – Registrar’s discretion and duties to make inquiries – Stamp duty underpayment does not create proprietary charge absent express statutory declaration (s28(e)) – Proper remedies: in personam judgment, charging order, or rectification for fraud/mistake – Invalidity of restriction entered solely on applicant’s erroneous claim.	14 March 2013
May 2012
Hoffmann, (on the application of) v Commissioner of Inquiry and the Governor (JCPC 116 of 2010) [2012] UKPC 17 (23 May 2012) Commissioner could make provisional findings about implicated third parties; overall procedure was not unfair. Commissions of Inquiry – terms of reference – scope to investigate persons "in relation to" elected officials; provisional fact‑finding and recommendations for criminal investigation permitted; procedural fairness – Salmon principles apply flexibly; s7 Ordinance entitlement to representation and to be treated as a person whose conduct is subject of or implicated in inquiry; where a reasonable opportunity to give oral evidence is offered and substantial written submissions are considered, there is not necessarily unfairness requiring removal of findings.	23 May 2012
January 2010
Capron v Government of Turks&Caicos Islands and Anor. (JCPC 30 of 2009) [2010] UKPC 2 (21 January 2010) Letters and negotiations did not create a binding land development contract or proprietary estoppel; appeal dismissed. Contract law – formation – governmental letter of comfort and subsequent conduct – requirement of intention and certainty of essential terms before a binding development agreement; approvals by Executive Council and Governor. Proprietary estoppel – need for representation giving rise to a reasonable expectation of a certain proprietary interest, detrimental reliance and unconscionability; Yeoman’s Row applied. Civil procedure – discovery – additional documents/affidavits cannot cure fundamental absence of estoppel elements Costs – trial judge’s discretion; limits on awarding costs against successful defendant (Ritter v Godfrey)	21 January 2010
December 2009
Palms Resort Limited v P.P.C. Limited (Privy Council Appeal 16 of 2010) [2009] UKPC 10 (13 December 2009) Tariff category during a hotel's first year must be provisional and adjusted once its first 12‑month consumption is established. Electricity regulation — tariff categories defined by annual consumption — validity of retrospective rolling 12‑month assessment; provisional billing and retrospective adjustment required for a customer's first 12 months.	13 December 2009

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