The Attorney General and another (Appellants) v The Jamaican Bar Association (Respondent) (Jamaica)
Case ID: JCPC 2021/0084
Jurisdiction: Court of Appeal of Jamaica
Case summary
Issue
Whether the Jamaican statutory regime to combat money laundering is constitutional insofar as it applies to attorneys–at–law.
Facts
The Jamaican Bar Association ("JBA") is a company incorporated in Jamaica whose members are attorneys–at–law and whose objectives are (among other things) to promote the interests of attorneys in Jamaica. The General Legal Council ("GLC") is the statutory body in Jamaica responsible for regulating the legal profession. The Jamaican statutory regime to combat money laundering is comprised of primary legislation, secondary legislation, and non–statutory guidance (together, the "Regime"). In 2013 the Regime was extended to cover attorneys. The JBA considers that the duties imposed by the Regime upon attorneys are unconstitutional because, inter alia, they undermine legal constitutional rights to liberty, privacy (including professional privilege) and protection from search of property.
The JBA brought a claim seeking declaratory relief, injunctive relief, and other constitutional redress against the Attorney General and the GLC. On 4 May 2017, the Supreme Court (sitting as the Full Court) dismissed the JBA's claim and declared that the Regime was constitutional. The JBA appealed. On 30 July 2020, the Court of Appeal allowed the JBA’s appeal in part. The Court of Appeal considered that certain of the provisions which form the Regime contravened the Charter of Fundamental Rights and Freedoms whereas other provisions were valid and lawful. With leave of the Court of Appeal, the GLC and the Attorney General now appeal to the Privy Council.
Parties
Appellant(s)
The Attorney General and another
Respondent(s)
The Jamaican Bar Association
Appeal
Justices
Lord Briggs, Lord Kitchin, Lord Hamblen, Lord Burrows, Lord Richards
Hearing start date
29 November 2022
Hearing finish date
30 November 2022
| Watch hearing | ||
|---|---|---|
| 29 November 2022 | Morning session | Afternoon session |
| 30 November 2022 | Morning session | Afternoon session |
Judgment details
Judgment date
9 February 2023
Neutral citation
[2023] UKPC 6
- Judgment (PDF)
- Press summary (HTML version)
- Judgment on The National Archives (HTML version)
- Judgment on BAILII (HTML version)
| Watch Judgment summary | |
|---|---|
| 9 February 2023 | Judgment summary |