FundHaven Ltd & Anor v The Executive Director of the Securities Commission of the Bahamas (Bahamas) [2021] UKPC 11

Robert Strang, Instructed by Sinclair Gibson LLP for the appellants.

Introduction

1. Under section 21(1) of the Court of Appeal Act of the Commonwealth of The Bahamas (“the CA Act”) a second appeal to the Court of Appeal is only permitted on “a point of law alone” and provided that “a Justice of the Supreme Court or of the court shall have certified that the point of law is one of general public importance”.
2. This appeal concerns the requirement of certification and in particular (i) whether the Court of Appeal was correct to conclude that the Supreme Court Justice did not certify a point of law of general public importance for the purposes of section 21(1) of the CA Act and (ii) whether the Court of Appeal was justified in refusing itself to certify such a point of law.

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