The Attorney General of Trinidad and Tobago v Carmel Smith

Case summary

Case ID

JCPC/2009/0021

Jurisdiction

Trinidad and Tobago

Parties

Appellant(s)

The Attorney General of Trinidad and Tobago

Respondent(s)

Carmel Smith

Issue

The issue raised by the Appeal is whether the Attorney General and/or the Statutory Authorities Services Commission (SASC) is the correct defendant in the constitutional proceedings brought by the respondent. The High Court of Trinidad and Tobago had ordered that the appellant, the Attorney General, be struck out as the defendant to constitutional proceedings, and had granted leave to the respondent to substitute the Statutory Authorities Services Commission. The Court of Appeal reversed the High Court's decision. The issue requires the consideration of whether, and/or in what circumstances, the Attorney General should be made a defendant to constitutional proceedings. This is of general importance to the law of Trinidad and Tobago.

Facts

See judgment.

Date of issue

23 March 2009

Judgment details

Judgment date

14 December 2009

Neutral citation

[2009] UKPC 50

Judgment links

Appeal

Justices

Lord Phillips

Lord Rodger

Lord Walker

Lord Brown

Lord Mance

Hearing dates

Start date

13 October 2009

End date

13 October 2009

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