Esheria St Helena Case Law
Sign in
St Helena Source-linked decisions Coverage checked

St Helena Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
0 court collections
Last checked

Search and filter St Helena case law

Results update automatically as you type.

St Helena decisions

Decisions matching the current search

Clear filters
Criminal law [2025] SHSC 10

Thorpe v The Attorney General

Thorpe v The Attorney General [2025] SHSC 10 (28 May 2025)

The Supreme Court found that koi carp are included as 'domestic animals' under section 11(2) of the Animal Trespass Ordinance 1982, resolving ambiguity in favour of the accused. The police interviews did not breach constitutional rights as the appellant was sufficiently informed and had access to legal representation. The appellant's belief in the need to protect his fish was honestly held, and the means adopted were not unreasonable given the statutory defence. The convictions are unsafe and must be quashed.

Source excerpt

  • Criminal damage
  • Firearms licensing
  • Animal trespass
  • Police interview procedure
  • Statutory definitions
Read case analysis
Constitutional law [2025] SHSC 522

Buckley v Attorney General of St Helena (Re Remedy)

Buckley v Attorney General of St Helena (Re Remedy) [2025] SHSC 522 (07 February 2025)

The breaches of the Plaintiff’s rights under sections 6, 7, 11(1) and 11(2) of the Constitution were caused by systemic unlawfulness in the management, operation, and policies of His Majesty’s Prison Jamestown during the relevant period. The Plaintiff is entitled to declaratory relief reflecting both specific and systemic breaches, and to compensatory and additional damages totalling £23,000, as this quantum is just and appropriate to vindicate the seriousness and duration of the breaches, their systemic nature, and their effect on the Plaintiff.

Source excerpt

  • Detention conditions
  • Right to life
  • Right to dignity
  • Systemic unlawfulness
  • Compensatory damages
  • Vindication of constitutional rights
Read case analysis
Property law [2024] SHCA 5

Attorney General of St Helena v Francis

Attorney General of St Helena v Francis [2024] SHCA 5 (20 December 2024)

Allowing land vested in the Crown under S. 112 of the Saint Helena Act 1833 to be acquired by prescription under S. 135 of the Registered Land Ordinance 1980 would affect interests conferred on the Crown by other written law and is prohibited by S. 159 of the Ordinance; therefore, Crown land so vested cannot be acquired by prescription.

Source excerpt

  • Acquisition of crown land by prescription
  • Interpretation of statutory saving provisions
  • Vesting of land in the crown
  • Constitutional supremacy over local law
Read case analysis
Criminal law [2021] SHCA 3

Attorney General, Appeal Of (Bran No. 3)

Attorney General, Appeal Of (Bran No. 3) [2021] SHCA 3 (24 September 2021)

The Chief Justice erred in law by failing to apply the correct legal test for post-charge bail conditions; the proper test is whether the condition prohibiting departure was necessary to secure the respondent's attendance at trial, with proportionality considered within that necessity framework. The Chief Justice's reasoning did not address necessity or conduct the required balancing exercise, and the orders made exceeded the proper scope of review.

Source excerpt

  • Bail conditions
  • Freedom of movement
  • Proportionality
  • Necessity
  • Human rights enforcement
Read case analysis
Tort law [2017] SHCA 72

The Attorney General v AB, AC and NK

The Attorney General v AB, AC and NK [2017] SHCA 72 (05 October 2017)

Damages for pain, suffering and loss of amenity in St Helena should not be discounted from the UK Judicial College Guidelines, as local conditions and expectations now align more closely with the UK, and a discount would not properly reflect current realities. Ms AB is not entitled to loss of earnings beyond a minor shortfall, as her post-injury earnings exceeded her pre-injury salary. Ms NK's damages for the costs of a financial deputy should be limited to the costs of appointment under St Helena law, as the local statutory regime provides adequate protection.

Source excerpt

  • Assessment of damages
  • Vicarious liability
  • Sterilisation without consent
  • Loss of earnings
  • Appointment of financial deputy
  • Discrimination
Read case analysis
Civil procedure [2016] SHSC 551

Bakos & Ors v AG (Conditional Fees)

Bakos & Ors v AG (Conditional Fees) [2016] SHSC 551 (28 September 2016)

The court holds that QOCS is the appropriate system for personal injury claims in St Helena where expert evidence is necessary and the defendant is indemnified or the Attorney General. CFAs are suitable and applicable only in limited circumstances, without success fees, and only where legal aid funding is unavailable. The court's discretion over costs is not circumscribed by legislative rates or funding decisions.

Source excerpt

  • Costs
  • Conditional fee agreements
  • Qualified one-way costs shifting
  • Access to justice
Read case analysis

About this LexChat collection

St Helena decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.