Tag: judicial review
Court considers stay on removal of NCC scientists
(CNS): A grand court judge is expected to make a decision tomorrow on whether or not the technical experts and scientists on the National Conservation Council who were fired by Cabinet will be able to keep their positions until a legal argument over the legality of that mass sacking is resolved. Stuart Mailer and Patricia […]
NCC members seek judicial review over unlawful removal
(CNS): The recently fired chair of the National Conservation Council, Stuart Mailer, his colleague Patricia Bradley and the very first NCC chairperson, Christine Rose-Smyth, have sent a letter to Cabinet asking it to revoke what they argue was the unlawful decision to fire six NCC members. The letter is a precursor to seeking a judicial […]
Ruling shows NCC needs power to challenge poor decisions
CNS): The Grand Court has again demonstrated why the National Conservation Council needs to retain its ability to challenge unlawful decisions made by government entities in relation to the National Conservation Act in the courts. On Wednesday, the court delivered its ruling in the judicial review brought by the NCC against a decision by the […]
Failure to prosecute officials in clinic raid to be reviewed
(CNS): Director of Public Prosecutions Simon Davis has indicated he will review the decision not to prosecute any of the government officials involved in the unlawful raid of the Doctors Express medical facility in 2019. Lawyers representing the clinic filed for a judicial review relating to that decision and the failure of the authorities to […]
CIG wasting public cash in battle with Doctors Express
(CNS): The recent ruling by the Grand Court forcing government lawyers to hand documents over to Doctors Express is part of a long legal battle that has seen the government waste hundreds of thousands of public dollars. The documents might reveal the reasons why no public official has ever been prosecuted for the unlawful raid […]
Drs Express wins another battle in fight for justice
(CNS): The Office of the Director of Public Prosecutions has been ordered to hand over documents that supposedly support its decision not to prosecute any of the public officials involved in an unlawful raid at Doctors Express almost five years ago. In a long-running legal battle, the health facility continues to seek justice over the […]
NCC in new CPA battle over blues threat
(CNS): The National Conservation Council appears set for another courtroom battle with the Central Planning Authority over after-the-fact planning permission granted for land clearing and a road cutting through land in East End that is home to Cayman’s endemic, critically endangered blue iguana. The CPA did not refer the application by Bon Crepe Ltd to […]
Group of rejected 7MB vendors take CIG to court
(CNS): Nine small business owners who were recently refused permits to trade on Seven Mile Beach have been granted leave to apply for a judicial review. The court has stayed the enforcement notices that were preventing them from plying their wares on the beach after just 34 merchants out of 120 applicants were granted licences […]
CPA will appeal Boggy Sand judicial review ruling
(CNS): At a meeting on Tuesday afternoon, 30 August, the Central Planning Authority (CPA) resolved to appeal the decision by Justice Alistair Walters regarding the power of the National Conservation Council to direct planning refusals in certain circumstances. The ‘Boggy Sand case‘ pitched two government entities against each other to clarify the legislation, but it […]
CIG should review duty deal with HCCI, court says
(CNS): A Grand Court judge has found that the Cayman Islands Government “acted inappropriately when it awarded fee waivers and concessions” to Health City Cayman Islands for “extremely lengthy periods” without putting the deal before Parliament. The court also said the CIG should publish the criteria for tax and duty giveaways or other concessions in […]
Court confirms NCC powers in Boggy Sand case
(CNS): The National Conservation Council does have the power to direct government bodies when their actions could have an adverse effect on protected areas or species, the Grand Court found in the long-awaited ruling in the ‘Boggy Sand’ judicial review, which was released Tuesday. The judge also found that the NCC can delegate that power […]
