Michelle Trotman, The Caura Hospital Director (Respondent) v Nailah Ramsaroop (Appellant) (Trinidad and Tobago)

Hearing listed

Case summary
Appeal

Case summary

Case ID

JCPC/2024/0045

Jurisdiction

Trinidad and Tobago

Parties

Appellant(s)

Nailah Ramsaroop

Respondent(s)

Michelle Trotman, The Caura Hospital Director

Issue

Was the Court of Appeal wrong to reduce the costs that the Appellant could recover from the Respondent? In particular, is there a general rule that brief fees for counsel are irrecoverable as costs in habeas corpus applications?

Facts

This appeal concerns the proper approach to assessing the recoverability of a party’s costs in an application for a writ of habeas corpus. This is an order which, if granted, requires the release of an unlawfully detained person. On 2 April 2020, following positive COVID-19 tests, the Appellant and members of her family were detained under COVID-19 regulations at the hospital of which the Respondent is the director. On 15 April 2020, the Appellant filed an urgent habeas corpus application, which was listed for 17 April 2020. Before the hearing, new COVID-19 regulations were published which “corrected” the previous regulations, such that the Appellant’s detention was not unlawful, as at 17 April 2020. The Appellant withdrew her application. On the issue of costs, both the Appellant and Respondent relied on submissions made in a separate habeas corpus case brought by the Appellant’s mother (“KR”). It was decided that the State (acting through the Respondent) should pay KR’s and the Appellant’s legal costs. An Assistant Registrar assessed the Appellant’s costs, and ordered the Respondent to pay her $125,770. This included a $23,000 brief fee (for preparing for and attending trial). The Respondent appealed. The Court of Appeal reduced the costs payable by the Respondent to the Appellant to $43,185. The reduction included removing the brief fee, and removing fees for work done that benefited both the Appellant’s and KR’s case. The Appellant now appeals to the Judicial Committee of the Privy Council.