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May 3, 2019

Case Management for G.O.B.’s I.C.J. Injunction Appeal

In the Court of Appeal today, government’s attorney, Senior Counsel Lisa Shoman and the Opposition’s lead lawyer, Senior Counsel Eamon Courtenay were back before the justices. They appeared for a case management session relating to the government’s appeal to the granting of the I.C.J. injunction by Chief Justice Kenneth Benjamin. The Opposition has launched a cross-appeal, asking the Court of Appeal to review the CJ’s decision as it relates to the constitutionality of the 2008 Special Agreement.  According to the Chief Justice, the claimants failed to present an arguable case in that regard. Shoman says the matter before the Court of Appeal must be heard and decided before the attorneys return before the CJ Benjamin.


Lisa Shoman, Attorney for G.O.B.

“Today was just about setting timelines and deadlines. So what has been decided is that the court will look to see if they can set this in June. They are looking to see if there is space in the calendar possible in the second week that they are sitting to hear us and they have given directions we are to put in written submissions by the fifth of June.”



“How does this case affect what is happening before the Chief Justice?”


Lisa Shoman

“Actually this case needs to be heard before the matter can actually continue before the Chief Justice. And not just heard but really and truly get a decision. And so that’s going to be the challenge for the Court of Appeal to hear and then render a decision with or without written judgment as to what it is their ruling will be. For the government side, really the decision is the ruling of the Chief Justice and the two questions that he said were serious. For the other side it is the matter of two serious questions as regarding the constitutionality. So that those really are preliminary issues what are before the Supreme Court. If that was not complicated enough, on the last occasion we were in court Mr. Courtenay indicated to the court that they would re-amend their claim form pending the results of next week, clean it up and put in their thing now. Just so we understand what that means, their claim forms were amended once. It was amended again and it has amended once more so that they are trying to square up now with the circumstance on the ground with what they have actually asked the court to look at.”

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