Attorney General of Trinidad and Tobago (Respondent) v Gabriel Joseph (Appellant) (Trinidad and Tobago)

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Case summary

Case ID

JCPC/2023/0073

Jurisdiction

Trinidad and Tobago

Parties

Appellant(s)

Gabriel Joseph

Respondent(s)

Attorney General of Trinidad and Tobago

Issue

Did the Court of Appeal err in setting aside a test case agreement and consent order agreed between the parties?

Facts

The Appellants were prisoners at the Golden Grove Prison in Trinidad and Tobago. In November 2006, an incident occurred at the prison that resulted in 57 claimants, including Mr Sobers and Mr Joseph, commencing proceedings for assault and battery against the Attorney General of Trinidad and Tobago. For the purposes of determining liability, the parties agreed that all 57 cases would be heard together and entered into a test case agreement. The claimants were divided into three categories depending on where they received treatment for their alleged injuries, each category to be represented by a test case. Mr Sobers was chosen as the test case for the claimants that received treatment at the prison infirmary, and Mr Joseph was chosen as the test case for the claimants that received treatment in hospital. The parties agreed that all the cases in each category would be bound by the trial judge’s findings in their test case. The parties entered into a consent order (“the Consent Order”). In July 2012, the trial judge found in favour of Mr Sobers and Mr Joseph, and all the claimants represented by them. The Attorney General appealed the judge’s factual findings. No challenge was made to the validity of the Consent Order or test case agreement at this stage. The Trinidad and Tobago Court of Appeal (“the CoA”) dismissed the Attorney General’s appeal. However, the CoA expressed doubt about the justification for the test case agreement and asked the parties to address these concerns. Having considered the submissions of the parties, the CoA ordered that the test case agreement in respect of Mr Sobers and Mr Joseph be set aside. Mr Sobers and Mr Joseph now appeal the decision to set aside the test case agreement to the Judicial Committee of the Privy Council.