Tag: judicial review
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 […]
Jackson argues DoE had no authority to direct CPA
(CNS): Local attorney Sammy Jackson, a planning law expert who regularly successfully advocates on behalf of developers before the Central Planning Authority, represented the CPA in court on Wednesday. Jackson argued that the Department of Environment had no authority to tell the board to refuse planning permission for a structure and seawall on Boggy Sand […]
CIG concedes on doctors’ qualifications
(CNS): Doctors Hospital, which is challenging government’s deals with medical tourism facilities, secured a partial early victory last week regarding the listing of doctors. During the legal proceedings, the government conceded that a two-tier system had been created because doctors on the ‘Institutional List’ (those working in medical tourism facilities) do not need to meet […]
QC argues hospital case has no business in court
(CNS): Doctors Hospital has brought an academic question to the court challenging the government’s deals with two medical tourism facilities but it has no standing to bring any legal case, Tom Hickman QC argued on Wednesday. The British lawyer has been hired by the Attorney General’s Chambers to respond to the judicial review brought by […]
Hospital argues that deals can’t fetter tax collection
(CNS): A lawyer representing Doctors Hospital made a comprehensive argument in court on Wednesday that the contracts signed by the UDP government with Health City Cayman Islands in 2010 and by the Unity government with Aster Cayman Medcity weeks before the 2021 election, both of which waived fees, cannot legally bind other administrations’ collection of […]
Court upholds Roper’s use of power on civil unions
(CNS): Governor Martyn Roper did not act unlawfully when he used his power under section 81 of the Constitution to implement the Civil Partnership Act, the Grand Court has ruled. Justice Richard Williams presided over a judicial review last year that called the governor’s actions into question. However, in a judgment published Monday, the court […]
DoE v CPA legal battle confirmed for June
(CNS): The unprecedented forthcoming legal battle between two public sector entities, effectively setting government against government, has been listed to be heard in June. The Department of Environment and the National Conservation Council have requested a judicial review of a Central Planning Authority decision that ignored a legal directive not to grant planning permission.
Still no Privy Council decision on gay marriage case
(CNS): This past Wednesday marked one year since the appeal by Chantelle Day and Vickie Bodden-Bush to reinstate the chief justice’s March 2019 ruling legalising same-sex marriage was argued before the Privy Council in London, but they have still not received a decision. A judicial review last year of the governor’s move to introduce civil […]
NCC secures JR of CPA’s Boggy Sand decision
(CNS): The National Conservation Council (NCC) was in court Tuesday seeking a judicial review of the Central Planning Authority’s decision to approve an application to rebuild a cabana and seawall on the beach along Boggy Sand Road, West Bay. Despite a directive from the NCC that it should be refused because of the serious adverse […]
Anglin to ‘chip in’ on costs for same-sex unions JR
(CNS): The Grand Court has upheld a decision by the legal aid director requiring Kattina Anglin to contribute towards the cost of the judicial review, which she successfully secured, of the governor’s use of his powers to implement legislation providing for same-sex civil unions. Because Anglin is soliciting funds for the legal fight through the […]
LGBT advocates will have voice in JR of civil unions
(CNS): The Grand Court has ruled that Colours Caribbean, a local LGBTQIA+ advocacy group, has the expertise to intervene in a judicial review brought by a conservative Christian group challenging the way the law that provides for same-sex civil unions was rolled out. Justice Richard Williams said that Colours is not only well aware of […]
