AG Confident of Privy Council Win
Monday, 19th February, 2018 – The London based Privy Council has concluded hearing the appeal filed by the Attorney General in the matter involving D. Gisele Isaac.
The Law Lords convened the hearing on February 8th and heard arguments from Dr. David Dorsett representing the Attorney General and Minister of Education, and Queen’s Counsel, Justin Simon who represented Isaac.
According to Dr. Dorsett, there were two issues that formed the basis of the appeal. The first being whether the fixed date claim form filed by the respondent constituted an application for judicial review for which leave was granted, and whether the nature of the controversy disclosed in the fixed date claim form is a private law claim, involving an employment dispute, for which the appropriate disposal is the Industrial Court.
In 2016, the Eastern Caribbean Court of Appeal dismissed an appeal that was filed by the Attorney General and Minister of Education against a High Court Judge. The appellants then contended that the judge refused an application to “strike out the fixed date claim and affidavit filed in support filed by D. Gisele Isaac on the basis that it was a nullity.” The judge also refused to grant leave to the Attorney General to withdraw their acknowledgement of service, which they had filed.
Dissatisfied that the Caribbean court upheld the High Court’s ruling, the Privy Council was petitioned by the AG, and the London based court agreed to hear the appeal.
While a judgment is pending from the Privy Council, Attorney General the Hon. Steadroy Benjamin believes there will be a ruling in their favour.