Bill could hinder people’s right to justice
(CNS): An amendment to the Judicature Law, which is expected to be debated in the Legislative Assembly next month, defines protective cost orders in judicial reviews or constitutional cases but could actually undermine the ability of ordinary people to bring a legal challenge against government. The bill spells out the court’s ability to prevent anyone bringing a case against government having to pay costs, even if they lose. However, there are concerns about the ambiguous descriptions of “appropriate persons”.
As a result, a number of local activists are urging constituents to contact their MLAs before this bill is passed to seek a longer consultation period in order to persuade government to tweak the legislative changes to ensure better protection for non-profits in particular.
The court has always had the power to grant protective cost orders in any case where judges believe it is appropriate, but this new amendment defines the details under which the court can grant these orders, specifically in cases against government.
A recent example is the case by Shirley Roulstone, a member of the Cruise Port Referendum group, who was awarded a protective order in the case against government over the referendum. Roulstone won in the lower courts and also secured the most important victory, which was to stop the rushed and unfair vote government had planned in response to the CPR’s successful petition.
However, the case fell at the Court of Appeal over one issue, which was whether or not the government could pass a law for a people’s referendum in the absence of a framework, or general, law. But with a protective costs order in place, the government could not seek costs from Roulstone.
This new legislation appears to provide explicitly for cost orders in judicial reviews or constitutional challenges to ensure that people, regardless of their financial wherewithal, can still bring a case without fear of being charged the government’s costs as well as their own. However, if this amendment had already been passed, it could have made it much more difficult for Roulstone to get the protective order for what remains a critical case.
The amendment bill states that before making an order, the court must consider “the financial resources of the parties to the proceedings, including the financial resources of any person who provides, or may provide, financial support to the parties”. In other words, a wealthy donor to a charity could hinder its ability to bring a case.
The court’s must also consider the extent to which the applicant for the order is likely to benefit financially if they win, whether lawyers are acting pro bono, and particularly conserning to activists, “whether the applicant for the order is an appropriate person” to represent a public interest cases, which they say is so subjective and ambiguous that it leaves the door open to refuse anyone and everyone a protective cost order.
A sample email is now circulating locally on social media and via email asking voters to use it as a template to write to their MLAs urging them press government for a longer period of public discussion for this legislation as well as for the Defence Bill which formalises the Cayman Islands Regiment, and the Prescription (Amendment) Bill, which activists believe falls short of the protections required to preserve and regain local access to beaches, the shoreline in general and other places of cultural significance.
See the bills and the letter template in the CNS Library:
Judicature (Amendment) Bill, 2020 – see here
Prescription (Amendment) Bill – see here
Defence Bill – see here
People say, “Vote them all out.”
I agree but where are the decent, honest and smart politicians to replace them?
Protest. Protest. Protest.
This is the framework of corruption happening right in front of us.
This Bill is punishment for Ms. Roulstone throwing egg on gov. face and empowering the people to go against gov.
Well, Alden got an ass whopping with the cruise port and then the referendum. He is just making sure he kills of any potential threats for the future as we fools will elect him and his gang again..
This is absolutely the right thing to do. Read UK Law.
We are not in the UK!!! We have a BOR that the Uk do not. This is another corrupt attack on the people. Nothing else
Do not follow the corrupt dictatorial UK governance system.
Follow justice, not UK injustice, just ask the Windrush people.
next election, please vote all of these @$$ clowns out.
Cayman needs new blood – not the same old faces that have done sweet F. all for the last 2 decades.
#RollsEyes at the ignorant people who only use their computer/phones to cuss … all you had to do was GOOGLE
https://www.lexisnexis.co.uk/legal/guidance/protective-costs-orders
Remember that the opposition members reviewed this and had no issues with it either. They are ALL for creating a system which protects them in every aspect for continuing in their selfish and corrupt ways.
Anybody heard from Tara lately??
Arden Mclean for premier
2:23 pm, are you drunk or sick in the head ?
Trouble is, what other likely candidates are there, since the law only seems to allow these dinosaurs to stand.
2.23pm That’s a waste of talent – Arden for Deputy Governor.
Every headline or story shows us how unethical this government is. None of them have any shame. They all got to go!
Alden McLaughlin and his government of acolytes are all a disgrace for attempting to fight their own citizens. This government are seeking to make it harder for the public to use the court system via Judicial Review process to fight the lack of accountability and transparency which they need in order to carry out their expensive projects, scams and corrupt practices . Cayman must vote them all out in 2021.
I expect nothing less for the current administration. Every day we slip further and further away from the principles of democracy and good governance.
Third world. Back to basics for the Cayman Islands. It is where they are most comfortable. Besides, CIG barely makes it with millions of dollars to spare each year. Where do you see them in a year? They do not adapt.
This unity government is constantly trying to see exactly what people will quietly submit to. Then they know the exact level of injustice and wrong to imposed on Caymanians please vote this government out of Power Cayman before it is too late!
See how fast/swift the hierarchy will change the laws Always in haste to work against us but not for us. Could some of our problems be solved like the CP.