Offshore Litigation

Blog

Offshore Litigation

Contributors

Jonathan Addo
Jonathan Addo
  • Jonathan Addo

  • Partner
  • British Virgin Islands
Ian Mann
Ian Mann
  • Ian Mann

  • Partner
  • Hong Kong
Nick Hoffman
Nick Hoffman
  • Nick Hoffman

  • Partner
  • Cayman Islands
Vicky Lord
Vicky Lord
  • Vicky Lord

  • Partner
  • Hong Kong
Chai Ridgers
Chai Ridgers
  • Chai Ridgers

  • Partner
  • Hong Kong
William Peake
William Peake
  • William Peake

  • Partner
  • London
Peter Ferrer
Peter Ferrer
  • Peter Ferrer

  • Partner
  • British Virgin Islands
James Noble
James Noble
  • James Noble

  • Partner
  • Singapore
Jeremy Child
Jeremy Child
  • Jeremy Child

  • Partner
  • London
Claire Goldstein
Claire Goldstein
  • Claire Goldstein

  • Partner
  • British Virgin Islands
Jayson Wood
Jayson Wood
  • Jayson Wood

  • Partner
  • Cayman Islands
Phillip Kite
Phillip Kite
  • Phillip Kite

  • Partner
  • London
Stuart Cullen
Stuart Cullen
  • Stuart Cullen

  • Partner
  • British Virgin Islands
Lorinda Peasland
Lorinda Peasland
  • Lorinda Peasland

  • Consultant
  • Hong Kong
Paul Madden
Paul Madden
  • Paul Madden

  • Partner
  • Cayman Islands
Jessica Williams
Jessica Williams
  • Jessica Williams

  • Partner
  • Cayman Islands
Paula Kay
Paula Kay
  • Paula Kay

  • Partner
  • Hong Kong
Andrew Thorp
Andrew Thorp
  • Andrew Thorp

  • Partner
  • British Virgin Islands
Henry Mander
Henry Mander
  • Henry Mander

  • Partner
  • Cayman Islands
Andrew Johnstone
Andrew Johnstone
  • Andrew Johnstone

  • Partner
  • Hong Kong
Nicola Roberts
Nicola Roberts
  • Nicola Roberts

  • Partner
  • Hong Kong
Julie Engwirda
Julie Engwirda
  • Julie Engwirda

  • Partner
  • Hong Kong
Paul Smith
Paul Smith
  • Paul Smith

  • Partner
  • Cayman Islands

Trinidad and Tobago Appeal - The Importance of Transparency

In an important judgment delivered on 15 July 2019, the Judicial Committee of the Privy Council emphasised the importance of transparency by public authorities in a judicial review of a decision they have made, and the need for them to respond to the application with “all the cards face upwards on the table”.

The case concerned the process adopted for appointment to the Trinidad and Tobago Judicial and Legal Service by the independent Judicial and Legal Service Commission, which was established for that purpose to insulate appointments from any political influence. That appointment process was the subject of the judicial review of decisions made by the Commission in relation to four candidates for appointment, the principal complaint being a failure to assess them for promotion in accordance with the applicable regulations.

Having ruled on the regulations, the Privy Council turned to the disclosure which had been made by the Commission to the Court in the judicial review process, and criticised the unfortunate lack of transparency about the appointment process.

The Court of Appeal had relied on the “presumption of regularity” which applies to official acts, but the Privy Council emphasised that this cannot override the duty of a public body to co-operate with the Court on a judicial review application to make available to the Court all relevant facts and reasoning underlying the decision under challenge.

Trinidad and Tobago Appeal - The Importance of Transparency

Leave A Comment