Visit UKSCJCPC/2024/0069
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CONSTITUTION
Avaria Niles (Respondent) v Judicial and Legal Service Commission and another (Appellants) (Trinidad and Tobago)
Case summary
Case ID
JCPC/2024/0069
Jurisdiction
Trinidad and Tobago
Parties
Appellant(s)
(1) Judicial and Legal Services Commission, (2) Attorney General
Respondent(s)
Avaria Niles
Issue
Did the Court of Appeal err in holding that a claim for judicial review was available to the Respondent and that the statutory scheme governing disciplinary proceedings did not provide an effective alternative remedy for her jurisdictional complaint?
Facts
The Respondent is a legal officer in the Judicial and Legal Service of the Government of Trinidad and Tobago. On 3 March 2021, she failed to attend a court hearing in a matter to which was assigned. The next day, she applied for sick leave. Her employer, the Chief State Solicitor Department, commenced disciplinary proceedings against her, alleging that she had no reasonable excuse for her absence from court and that her sick leave application was falsely made. On 4 May 2022, those charges were upheld by the Judicial and Legal Services Commission, the first Appellant in this appeal. The Respondent sought to challenge the disciplinary proceedings by way of judicial review. She claimed that the procedure failed to comply with the regulatory regime governing disciplinary proceedings (the “Regulation”). As a result, the decision of the first Appellant was unlawful, illegal and of no effect. She also alleged a breach of her due process rights under the constitution. The Appellants argued that judicial review is not available to her because her complaint can and ought to properly be dealt with under the Regulation. The High Court granted ex parte leave for the Respondent to bring a judicial review claim. Her claim was subsequently struck out by the trial judge on the basis that the Regulation provided a suitable alternative remedy. The Court of Appeal allowed the Respondent’s appeal, holding that judicial review was available and that the Regulation was not an effective alternative remedy. The Appellants now appeal to the Judicial Committee of the Privy Council.
Date of issue
14 August 2024
Appeal
Justices
Hearing dates
Start date
16 February 2026
End date
16 February 2026
Watch hearings
16 February 2026 - Morning session
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Last updated 16 February 2026