Attorney General of Trinidad and Tobago (Respondent) v Jwala Rambarran (Appellant) (Trinidad and Tobago)

Case summary

Case ID

JCPC/2025/0084

Jurisdiction

Trinidad and Tobago

Parties

Appellant(s)

Jwala Rambarran

Respondent(s)

ATTORNEY GENERAL OF TRINIDAD AND TOBAGO

Issue

(1) Did the Court of Appeal err in setting aside the judge’s award of vindicatory damages, and failing to increase that award? (2) Did the Court of Appeal err in reducing the judge’s award of compensatory damages?

Facts

On 4 December 2015, whilst the appellant was Governor of the Central Bank of Trinidad and Tobago, he publicly named top users of the foreign exchange market in Trinidad and Tobago and the amounts they had used. He was subsequently accused of having acted improperly, in particular breaching section 56 of the Central Bank Act 1964 (Trinidad and Tobago)(the “1964 Act”) and section 8 of the Financial Institutions Act 2008 (Trinidad and Tobago). On 24 December 2015, the appellant was dismissed as Governor by the Acting President of Trinidad and Tobago under the 1964 Act. The Acting President acted on the advice of the Cabinet of Trinidad and Tobago. Under the 1964 Act, the President can terminate the Governor’s appointment where the Governor is guilty of misconduct in relation to his duties or fails to carry out any of the duties or functions conferred or imposed upon him under that Act. The appellant brought a claim under the Constitution of Trinidad and Tobago (“the Constitution”) against the respondent. The appellant alleged that the Cabinet had breached his right to the protection of the law (section 4(b) of the Constitution) and his right to a fair hearing in accordance with the principles of fundamental justice for the determination of his rights and obligations (section 5(2)(e)). The appellant was successful in the High Court and Court of Appeal. He appeals to the Board on questions relating to compensatory and vindicatory damages. Compensatory damages are awarded to compensate for losses suffered due to the defendant’s wrongful conduct. Vindicatory damages are an additional award which may be granted to reflect the sense of public outrage, emphasise the importance of a constitutional right and gravity of the breach, and deter future breaches.

Date of issue

28 August 2025

Case origin

Appeal As of Right

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