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The Corporation of Hamilton v Attorney General of Bermuda & (Bermuda)

The Corporation of Hamilton v Attorney General of Bermuda & (Bermuda)

Case [2025] UKPC 50

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Case: [2025] UKPC 50
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Lewis v Director-General, Department of Justice and Attorney-General [2017] QCAT 314
Citation 1

…Michaelmas Term [2025] UKPC 50 Privy Council Appeal No 0020 of 2023 JUDGMENT The Corporation of Hamilton (Appellant) v Attorney General of Bermuda and another (Respondents) (Bermuda) From the Court of Appeal for Bermuda before Lord Reed Lord Lloyd-Jones Lady Rose Lady Simler Dame Janice Pereira JUDG…
R (on the application of Privacy International) (Appellant) v Investigatory Powers Tribunal and others (Respondents) [2019] UKSC 22
Citation 2

…w constitutional principles, Clarke P referred at para 121 to R (Privacy International) v Investigatory Powers Tribunal [2019] UKSC 22; [2020] AC 491 (" Privacy International "). In that case Lord Carnwath expressed the opinion, obiter, at para 144 that there was "a strong case" for holding that consistently with…
Moohan & Anor v The Lord Advocate [2014] UKSC 67
Citation 3

…te, such as it is, does not apply to municipal elections. An analogous point arose in Moohan v Lord Advocate [2014] UKSC 67; [2015] AC 901 in a challenge to the statutory ban on convicted prisoners voting in the Scottish independence referendum. One of the issues raised was the application of A3P1 and article 10.…
Attorney General for Bermuda v Ferguson & Ors (Bermuda) (Rev1) [2022] UKPC 5
Citation 4

…nstitution commences." The origins of the Bermuda constitution were described by the Board more recently in Attorney General for Bermuda v Ferguson [2022] UKPC 5; [2022] 3 LRC 579 (" Ferguson "): see in particular para 16 of the judgment of the majority and para 126 of the dissenting judgment of Lord Sales. The…
Brantley & Ors v Constituency Boundaries Commission & Ors (Saint Christopher and Nevis) [2015] UKPC 21
Citation 5

…with "Whereas" but where the enforcement section expressly includes the opening section. In Brantley v Constituency Boundaries Commission [2015] UKPC 21; [2015] 1 WLR 2753 (" Brantley "), the issue was the constitutionality of a proclamation by the Governor-General purporting to make changes to constituency bound…
Campbell-Rodriques & Ors v. Attorney General of Jamaica (Jamaica) [2007] UKPC 65
Citation 6

…." These authorities were reviewed more recently by the Board in an appeal from Jamaica in Campbell-Rodriques v Attorney General of Jamaica [2007] UKPC 65; [2008] 4 LRC 526 (" Campbell-Rodriques "). The Jamaican Constitution contained an opening section (section 13) which started with the word "Whereas". The enfo…
Chandler v The State (No 2) (Trinidad and Tobago) [2022] UKPC 19
Citation 7

…to the interpretation of the opening section. As the Board explained at para 68 in Chandler v State of Trinidad and Tobago [2022] UKPC 19; [2023] AC 285 (" Chandler "), the Caribbean Court of Justice has the right to develop its own jurisprudence for the countries that are subject to its jurisdiction and it is n…
Jamaicans for Justice v Police Service Commission & Anor (Jamaica) [2019] UKPC 12
Citation 8

…ibbean Court of Justice's decision in Nervais was referred to by the Board in Jamaicans for Justice v Police Service Commission [2019] UKPC 12; [2019] 4 LRC 117 (" Jamaicans for Justice "). In that case the Board had to consider section 13 of the Charter of Fundamental Rights and Freedoms (the opening section) th…
Maharaj v Prime Minister & Ors (Trinidad and Tobago) [2016] UKPC 37
Citation 9

…peal a point of law which has not been argued below. See, for example, Maharaj v Prime Minister (Trinidad and Tobago) [2016] UKPC 37 per Lord Kerr of Tonaghmore at paras 21-23, citing Baker v R [1975] AC 774, 788 where the Board said that its normal practice: "... is not to allow the parties to raise for the firs…
Maharaj v The Cabinet of the Republic of Trinidad and Tobago & Anor (Trinidad and Tobago) [2023] UKPC 17
Citation 10

…rtinent is the recent decision of the Board in Maharaj v Cabinet of the Republic of Trinidad and Tobago [2023] UKPC 17; [2023] 1 WLR 2870. There the Board was considering legislation which extended the term of office of elected members of the legislature from three years to four. The measure was part of an extens…
Mexico Infrastructure Finance LLC v The Corporation of Hamilton (Bermuda) [2019] UKPC 2
Citation 11

…ase "municipal purposes" was considered by the Board in Mexico Infrastructure Finance LLC v The Corporation of Hamilton [2019] UKPC 2 (" Mexico Infrastructure "). That case concerned whether the grant by the Corporation of a guarantee to support borrowing by a private developer of a luxury hotel and car park was…
Newbold v The Commissioner of Police (Bahamas) [2014] UKPC 12
Citation 12

…onfer any freestanding or independently enforceable rights (para 12). A similar result was arrived at in Newbold v Commissioner of Police [2014] UKPC 12; [2014] 4 LRC 684 (" Newbold "). In that case the Board was called upon to consider article 15 (the opening section), and article 28(1) (the enforcement section)…
Panton and Panton v. Minister of Finance & aNOR (Jamaica) [2001] UKPC 33
Citation 13

…roperty. They are Attorney General v Lawrence [1985] LRC (Const) 921 (" Lawrence "), Panton v Minister of Finance [2001] UKPC 33; [2001] 5 LRC 132 (" Panton ") and Paponette v Attorney General of Trinidad & Tobago [2010] UKPC 32; [2012] 1 AC 1 (" Paponette "). Lawrence is plainly distinguishable and was not conce…
Paponette & Ors v Attorney General of Trinidad and Tobago (Trinidad and Tobago) [2010] UKPC 32
Citation 14

…er of Finance [2001] UKPC 33; [2001] 5 LRC 132 (" Panton ") and Paponette v Attorney General of Trinidad & Tobago [2010] UKPC 32; [2012] 1 AC 1 (" Paponette "). Lawrence is plainly distinguishable and was not concerned with mere loss of control or management rights. It concerned legislation removing the managing…
Suraj & Ors v Attorney General of Trinidad and Tobago (Trinidad and Tobago) [2022] UKPC 26
Citation 15

…nded for on behalf of the Corporation. The Corporation relies on S uraj v Attorney General of Trinidad and Tobago [2022] UKPC 26; [2023] AC 337, para 58. But the proportionality test confirmed in Suraj is applied only where an interference with the relevant right is established. Below the threshold level of intru…

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