The break between Trinity and Michaelmas terms rumbles on quietly, as the Privy Council released no judgments in the past week, with no judgments or hearings scheduled for this week.
In the meantime, here are some of the more notable cases in which we’re still awaiting judgment:
- The Corporation of Hamilton v Attorney General of Bermuda & Anor, considering whether section 1 of the Bermuda Constitution is independently and directly enforceable. Oral arguments took two days in December 2024.
- Cable & Wireless Jamaica Ltd v Abrahams, an appeal against a decision to refuse sanction of a scheme of arrangement that had been approved by the necessary statutory majorities. The respondent is a minority shareholder who challenged the scheme that would have cancelled his shares in the company.
- Bain & Anor v Rolle, a Bahamas case where the Supreme Court handed down its judgment more than four years after hearing evidence, including cross-examination of three witnesses. The Board is expected to address whether that delay breached the appellants’ rights to a fair trial within a reasonable time or impacted the judge’s ability to deal with the issue.
- Ankong & Anor v Green Elite Ltd (in Liquidation), a BVI case about the application of the Duomatic principle of informal approvals of company actions by shareholders. Oral argument was in November 2024.
- Maso Capital Investments Ltd & Anor v Trina Solar Ltd, a merger appraisal case from the Cayman Islands concerning the trial judge’s valuation methodology. At trial, the Grand Court determined fair value by weighing the market price, merger price, and a discounted cash flow valuation in a ratio of 30:45:25. The Court of Appeal removed the merger price and said fair value should be determined in the ratio 30:70 market price and DCF valuation.