Candace Hoyte (Appellant) v The Strategic Services Agency and another (Respondents) (Trinidad and Tobago)

Awaiting Judgment

Case summary
Appeal
Change log

Case summary

Case ID

JCPC/2021/0109

Jurisdiction

Trinidad and Tobago

Parties

Appellant(s)

Candace Hoyte

Respondent(s)

(1) The Strategic Services Agency (2) Attorney General of Trinidad and Tobago

Issue

Under the Strategic Services Agency Act, Chapter 15:06 of the Laws of Trinidad and Tobago (the "SSA Act"), is the Strategic Services Agency (the "SSA") a legal person capable of being sued in tort?

Facts

The Appellant brought proceedings against the SSA for personal injuries allegedly suffered at her place of work. She contended that the SSA was negligent in not providing a safe place of work. The action was brought solely against the SSA. The Attorney General was subsequently added as a party. The SSA applied to have itself removed as a party to the proceedings contending primarily that the SSA is not a body corporate and that the SSA Act had not given it any enabling power to be a corporate body. The High Court Judge held that the SSA is not a body corporate and struck out the SSA as a party. She also dismissed the proceedings as being a nullity. The Appellant appealed to the Court of Appeal, and the appeal was dismissed. The Appellant now appeals to the Judicial Committee of the Privy Council.