The Attorney General of Trinidad and Tobago (Respondent) v Alison Ayers (Appellant) (Trinidad and Tobago)

Permission to Appeal application lodged

Case summary
Permission to Appeal
Previous proceedings

Case summary

Case ID

JCPC/2026/0002

Jurisdiction

Trinidad and Tobago

Parties

Appellant(s)

Alison (Mr) Ayres

Respondent(s)

(Ministry of) The Attorney General of Trinidad and Tobago

Issue

Was the claim brought by the appellant a nullity on account of naming the Ministry of Sport as the defendant?

Facts

The appellant alleges that in April 2014 the Minister of Sport requested he prepare and deliver an implementation plan for a national community development sports project named the “Trinidad and Tobago Unity Games”. The project budget was estimated at TT$21,499,000, with the appellant entitled to a 10% consultation fee. At a meeting on 5 May 2014, the Minister discussed the project with the appellant and, according to the appellant, the Minister instructed the Permanent Secretary to identify sources of funding. On or about 14 June 2014, the Minister informed the appellant that responsibility for the project had been transferred to the Ministry of National Security. The appellant held discussions with representatives of the Ministry of National Security in which it became apparent that the project would not progress further. The appellant claimed that, although there was not yet a written contract, he had already completed a significant portion of the assignment. On 1 July 2014, the appellant sent the Ministry of Sport an invoice of TT$1,074,950. The Ministry of Sport denied the existence of any contract and refused to pay. The appellant filed proceedings against the Ministry of Sport. He subsequently added the Attorney General of Trinidad and Tobago as the second defendant. The defendants argued that the action was a nullity as the first defendant, the Ministry of Sport, was not a legal entity. In response, the appellant sought and obtained leave to withdraw his claim against the Ministry of Sport. The trial judge concluded that the action was not a nullity and gave an order for the proceedings to continue. The Attorney General appealed that decision to the Court of Appeal, which allowed the appeal and declared the action a nullity. The appellant now appeals to the Privy Council.