Privy Council

• Privy councils

• Carreras Loses Privy Council Case

THE LEGAL battle between the Carreras Group and the Stamp Commissioner ended on Thursday, April 1 when the United Kingdom Privy Council ruled that the firm must pay the government $110 million in transfer tax, arising from a transfer of shares to Caribbean Brands in 1999 for US$37 million. [Carreras] took the case to the United Kingdom Privy Council asking the Privy Council to determine whether the transfer of shares was subject to transfer tax.

• Weekly Gleaner, The; North American ed.
• July 29, 2009

• Privy Council Makes Landmark Decision for Juveniles

THE UNITED Kingdom Privy Council has handed down a landmark decision that it is unconstitutional to detain juveniles at the Governor-General's pleasure and that they should be detained at the court's pleasure, instead. In handing down its decision last week, the Privy Council agreed with the majority decision of the Court of Appeal handed down in May 2000, that it is only the court which has the power to impose sentences. The Privy Council also agreed with the Court of Appeal that to detain juveniles at the Governor-General's pleasure was a breach of the Constitution.

• Weekly Gleaner, The; North American ed.
• July 31, 2009

• Privy Council

The Privy Council is the British Crown's private council. It is composed of more than three hundred members, including cabinet membe...

• West's Encyclopedia of American Law
• Po–San

• Privy Council - Judicial Committee (Appellate Jurisdiction) Rules 2009.

References are to the appropriate Rule/Practice Direction Rules Rule 1 Rules are to come in force on 2 March 2009, except for the use of new for...

• Mondaq Business Briefing
• Nbr. 2009, January 2009

• Scotia, Clarke Off to Privy Council

FORMER SCOTIABANK boss William 'Bill' Clarke's dispute with the financial institution, over his retirement package, is heading to the United Kingdom Privy Council, Jamaica's...

• Weekly Gleaner, The; North American ed.
• December 11, 2009

• Avoidance of Pre-Bankruptcy Transactions in Multinational Bankruptcy Cases

The French case is a Court of Appeals case that applies United States law to avoid a pre-bankruptcy transfer of real estate in Bermuda.3 In the Midland Euro Exchange case, the Los Angeles bankruptcy court comes to the opposite conclusion about a transnational payment in the context of a Ponzi scheme.4 In the third case, Al Sabah, the Privy Council applied Cayman Islands law to permit a Bahamian trustee in bankruptcy to undo two Cayman Islands trusts.5 Relatively speaking, our cup runneth over. Almost all bankruptcy laws would permit avoidance of a gift given with the intent to evade creditors at a time when the transferor was insolvent and the transferee had the intent to cooperate in the evasion.14 However, jurisdictions are sharply divided as to the relevance of the transferee's stat...

• Texas International Law Journal
• Vol. 42 Nbr. 3, July 2007

• Gleaner Wins Privy Council Libel Appeal

Shortly after the award was published in the press, witnesses came forward and The Gleaner and Dr. [Dudley Stokes] successfully applied to set aside the default judgment. They also received permission to file a defence within 14 days of the order. The Gleaner relied on affidavits from several Customs officials to show that it had an arguable defence to the defamation claim. The presiding judge Mr. Justice Walker (now a retired Court of Appeal Judge) accepted that such evidence was not available to allow The Gleaner to file a defence in the stipulated time.

• Weekly Gleaner, The; North American ed.
• August 05, 2009

• Ccj Judge Weighs in On Privy Council Debate

It is this same scepticism, this absence of confidence that the faint-hearted experienced when we established our own University of the West Indies in Jamaica in 1948; when we began training our own doctors; when we established our own Council of Legal Education in 1970 to train our own lawyers; when we, in St Vincent and the Grenadines, proceeded to Associated Statehood in 1969; and when, ultimately, we obtained political independence 30 years ago," he said.

• Weekly Gleaner, The; North American ed.
• December 11, 2009

• Drop British Court

Those in St. Vincent and the Grenadines who hanker for continuation of appeals to the Privy Council have now received, clearly, a proverbial slap in their face," said [Ralph Gonsalves], whose governing party has a November 25 referendum that includes a vote on the relevance of the British court. Lord [Nicholas Phillips] said that British judges are spending a disproportionate amount of time hearing numerous appeals from the region. These hearings are funded by British taxpayers who have little or no interest in them and are beginning to question why lawyers still fly nearly 4,000 miles to London instead of advocating before a regional court. "It is a huge amount of time. I personally would like to see it reduced," Phillips said. The remarks by Lord Nicholas Phillips to British media ha...

• New York Amsterdam News
• October 30, 2009

• Privy Council Curtails Obligation of Confidentiality in International Arbitration.

Confidentiality has always been referred to as one of the advantages of choosing arbitration over litigation. However, the extent of this right and it...

• Mondaq Business Briefing
• Nbr. 2003, May 2003