Visit UKSCJCPC/2017/0045
•
PROCEDURE
Philip (Appellant) v Commissioner of Police and another (Respondents) (T & T)
Case summary
Case ID
JCPC/2017/0045
Jurisdiction
Trinidad and Tobago
Parties
Appellant(s)
Philip
Respondent(s)
Commissioner of Police and another
Issue
Whether the Court of Appeal were correct to dismiss the appeal without following the procedure in Civil Proceedings Rules rr.26.3, 24.13 or 64.13, in circumstances when the order with which the appellant failed to comply did not specify a sanction for non-compliance.
Facts
The appellant claims that on 21 September 2007 he was unlawfully physically evicted from his home by his sister, her husband, a bailiff and others in the presence of a uniformed police officer. He maintains that his sister had purported to purchase the property from him but that the transaction was not, and could not be, completed. He maintains that the eviction was facilitated by the police officer.In December 2008, he brought a claim against his sister for ejectment. The court permitted the appellant to withdraw that claim in April 2010. On 11 July 2013 the appellant brought a claim against either one or both of the respondents, seeking relief under s.14 of the Constitution on the basis of the police officer's alleged facilitation of an unlawful eviction as a result of which the appellant allegedly suffered loss and damage. At a hearing on 11 October 2013 Rajkumar J dismissed the claim on the basis of "undue delay" and because, in order for the claim to succeed, "it would have needed to be determined…that the eviction was actually unlawful" which "would normally be achieved by succeeding in a claim against the claimant's sister or her servants/agents." That claim had been withdrawn.In further written reasons the judge expressed doubts as to the strength of the evidence relied on by the appellant. At the hearing of the appeal, the appellant asked the Court for a retrospective extension time for the filing of written submissions which had been filed belatedly. That was refused. In the absence of written submissions, the appeal was then dismissed without the Court hearing the substantive arguments.
Date of issue
5 July 2017
Judgment details
Judgment date
30 November 2020
Neutral citation
[2020] UKPC 32
Judgment links
Appeal
Justices
Hearing dates
Start date
19 October 2020
End date
19 October 2020
Watch hearings
19 October 2020 - Afternoon session
All videos on this page are recorded and transmitted in line with the Court's terms of use. These can be found here.. Please Note: Every effort is being made to provide a satisfactory streaming service of the Supreme Court judgments and hearings. However, these services may be subject to technical issues or delay, in which case we will attempt to resolve them as soon as possible.
Change log
Last updated 9 May 2024