JCPC/2023/0020

The Corporation of Hamilton (Appellant) v Attorney General and another (Respondents) (Bermuda)

Case summary


Case ID

JCPC/2023/0020

Jurisdiction

Bermuda

Parties

Appellant(s)

The Corporation of Hamilton

Respondent(s)

(1) Attorney General, (2) The Govenor of Bermuda

Issue

Whether section 1 of the Constitution of Bermuda is independently and directly enforceable, and if so whether certain legislative measures contravened the Appellant's rights to protection of law and to protection from deprivation of property without compensation. In any event, whether those legislative measures contravened the rule of law and the separation of powers.

Facts

The Appellant, the Corporation of Hamilton, is a body that was established to administer the City of Hamilton, the capital of Bermuda. Certain legislative measures were introduced to convert the Appellant into an unelected "quango". The Appellant brought a claim seeking to challenge these measures, arguing that they were unconstitutional. The Supreme Court of Bermuda rejected the claim. The Appellant appealed and the Court of Appeal of Bermuda dismissed the appeal. The Appellant now appeals to the Judicial Committee of the Privy Council.

Date of issue

20 February 2023

Appeal


Justices

Hearing dates

Full hearing

Start date

11 December 2024

End date

11 December 2024

Half hearing

Start date

12 December 2024

End date

12 December 2024

Watch hearings


11 December 2024 - Morning session

11 December 2024 - Afternoon session

12 December 2024 - Morning session

12 December 2024 - Afternoon session

Change log

Last updated 6 November 2024

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