Sara Ibrahim and Charles Bagot KC successful in Privy Council Appeal

On 9 February 2026, the Judicial Committee of the Privy Council handed down its judgment in Tyson Strachan (Appellant) v Albany Resort Operators Ltd (Respondent) (The Bahamas) [2026] UKPC 5.

Sara Ibrahim led by Charles Bagot KC, both of Gatehouse Chambers, along with their Instructing Attorney from Glinton Sweeting O’Brien in the Bahamas, Giahna Soles-Hunt, appeared for the Respondent. They successfully secured the dismissal of the appeal on all grounds. Henry Hickman at Sinclair Gibson LLP completed the legal team as London Agent.

This was a mixed personal injury and employment claim in which the issues were:

• whether the Appellant had established the necessary ingredients of a tort claim for personal injury and an employment claim for alleged unfair dismissal and/or breach of contract; and
• whether the trial judge was right to dismiss the Appellant’s claim half way through the trial, following the Respondent’s submission of no case to answer, and whether the Court of Appeal was right to dismiss the Appellant’s appeal against that finding.

The Appellant was employed as a housekeeping supervisor at the Respondent’s resort on the island of New Providence, in the Bahamas. The Appellant slipped on a wet floor and suffered injuries while carrying bags of towels to a poolside storage area at the resort. The Appellant contended that there were no warning signs in the vicinity. The Appellant was admitted to hospital for six days and subsequently completed three months of physiotherapy for his injuries. He was given time off work on sick leave.

Whilst on sick leave, the Appellant’s employment was terminated and the Respondent paid him a severance payment.

The Appellant brought a claim against the Respondent in negligence for damages for personal injury, alleging that the Respondent was negligent for having failed to ensure that the premises were reasonably safe for lawful visitors or to erect adequate warning signs. The Appellant also brought a claim alleging that he was unfairly disengaged from his employment whilst on sick leave as a result of an industrial accident. It was argued this constituted a breach of the Appellant’s employment contract.

The judgment is interesting as it is an unusual analysis at Privy Council level of

• the necessary ingredients legally and evidentially for a viable tort claim for damages;
• the pleading and particularisation requirements for a viable employment claim; as well as
• the appropriate procedure and threshold associated with a submission of no case to answer in a civil claim.

For further information about the International Practice of Gatehouse Chambers Barristers please do contact chambers’ International Business Development Consultant, Christian Wisskirchen or the Gatehouse Chambers Practice Team.