In the Privy Council: Recent Episodes
Elijah Granet
A weekly review of cases decided by the Judicial Committee of the Privy Council, hosted by Legal Style Blog's Elijah Granet.
This week, constitutional law! When can the Governor of a British Overseas Territory just write and enact a law? When can the King? How does this extreme power for the Crown to just make laws fit into the constitutional framework of overseas territories? And what exactly does ‘external affairs’ mean?
Link to Case: [2025] UKPC 30, Cay
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This week, a question about the boundaries of judicial review: should a court engage in hypothetical review of a statute even if no one can demonstrate injury? What is the function of a declaration of incompatibility? The case might be about hypotheticals, but the fun of analysing it is real!
Link to Case: [2025] UKPC 22, Cay
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This week, it’s question of tax law from Trinidad & Tobago! What does it mean to be an ‘artificial’ or ‘fictitious’ transaction? Plus, my usual grumbling about how slow some tax cases are to make it to the Board.
Link to Case: [2025] UKPC 20, T&T
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This week, we examine a case concerning what counts as a business for tax purposes. Is a business hopelessly doomed to losses and no realistic path to profit still carried on 'with a view to a profit'?
Link to case: [2025] UKPC 17, MRC
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This week, a simple question: is $159,000 more than $4,000? It might seem simple, but the Court of Appeal of The Bahamas says no. What does Lord Hamblen of Kersey make of this? Listen to find out!
Link to Case: [2025] UKPC 13, Bah
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This week, we consider the meaning of natural justice, as we look at a case where am an was denied the chance to give submissions as to his sentence, and the court gave no reasons.
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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 any relevance? Listen to find out!
Link to Case: [2023] UKPC 36, T&T
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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
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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
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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
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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
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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 that public policy should win out over restitution. Who is right?
Link to case: [2023] UKPC 26, T&T
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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
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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
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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’
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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
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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
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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
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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
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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
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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
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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!
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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
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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
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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
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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
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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
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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
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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
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