Case details

Honourable Attorney General and another (Appellants) v Isaac (Respondent) (Antigua and Barbuda)

Case ID: JCPC 2016/0077

Jurisdiction: The Court of Appeal of Antigua and Barbuda

Case summary

Issue(s)

The definition of an application for judicial review for the purposes of determining whether the requirement under CPR 2000, r 56.3(1) to obtain the court’s leave to bring the claim applies.

Facts

Ms Isaac filed a claim against the Hon. Attorney General and a Minister of the Ministry of Education in respect of her suspension from the position of Executive Secretary of the Board of Education. She sought a number of declarations and damages. The Hon. Attorney General and the Minister contend that Ms Isaac’s claim is an application for judicial review, such that the requirement under CPR, r 56.3(1) to obtain the court’s leave to bring the claim arises. They argue that her claim should be struck out as a nullity due to her failure to comply with this requirement. Ms Isaac maintains that her claim is an application only for declarations and not also for judicial review, and therefore she was under no obligation to seek leave.

Parties

Appellant(s)

Honourable Attorney General Michael Brown

Respondent(s)

D. Gisele Isaac

Appeal

Justices

Lord Mance, Lord Reed, Lady Black, Lord Lloyd-Jones, Lord Briggs

Hearing start date

08 Feb 2018

Hearing finish date

08 Feb 2018