All courts – TCILII

Sort by:

4 judgments

Citation	Judgment date
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
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
July 2009
New Hampshire Insurance Company v Magellan Reinsurance Company Limited (The Turks&Caicos Islands) (Privy Council Appeal 50 of 2008) [2009] UKPC 33 (15 July 2009) Beneficiary's contractual trust rights did not make it a creditor entitled to present a winding-up petition. Companies law – winding up petition – locus standi – creditor requirement; Reinsurance and trust arrangements – distinction between present debt and security for contingent/unearned reserves; Trust law – beneficiary withdrawal rights, equitable interest and bare trust; Petitionable debt – need for liquidated claim or entitlement to payment directly from alleged debtor.	15 July 2009
May 2009
Swann v Attorney General (The Turks&Caicos Islands) (Privy Council Appeal 43 of 2008) [2009] UKPC 22 (21 May 2009) A remuneration dispute based on alleged promises to a public officeholder is a private law claim, not a judicial review matter. Judicial review – Appropriate procedure for remuneration disputes – Private law (contract/estoppel) claim versus public law remedies (legitimate expectation) – Case management discretion whether to grant leave or convert to an action – Need for pleading, discovery and oral evidence.	21 May 2009