Anika Justice

Jurisdiction:

Trinidad & Tobago (Court of Appeal)

Topic:

Constitutional Law

Principle:

A landmark 2025 decision on constitutional law. The court analyzed the 'savings law clause,' finding that while the 1986 Sexual Offences Act was unconstitutional for its harsher penalties on same-sex intimacy, the savings clause protected the *original* 1925 law. It held that only Parliament can fully repeal the law.

Jurisdiction:

Trinidad & Tobago (Appeal to Privy Council)

Topic:

Constitutional Law

Principle:

A critical 2022 constitutional case that struck down parts of the Bail Act 1994. The court affirmed that the law's blanket prohibition on granting bail to persons charged with murder was unconstitutional and an infringement on the High Court's jurisdiction.

Jurisdiction:

Trinidad & Tobago (Appeal to Privy Council)

Topic:

Constitutional Law

Principle:

A 2007 constitutional case that challenged the validity of the Equal Opportunity Act 2000. The court examined whether the Act, which aimed to prevent discrimination, was itself inconsistent with the Constitution.

Jurisdiction:

Trinidad & Tobago (Appeal to Privy Council)

Topic:

Tort Law

Principle:

A key 2024 tort law case for malicious prosecution. The court clarified the tests for 'absence of reasonable and probable cause' and 'malice,' setting a precedent for how these claims are to be assessed against the State.

Jurisdiction:

Trinidad & Tobago (Appeal to Privy Council)

Topic:

Property Law

Principle:

A 2022 property law case on adverse possession (squatter's rights). It reaffirmed the high bar for proving factual possession and the court's reluctance to overturn 'concurrent findings of fact' from the High Court and Court of Appeal.

Jurisdiction:

Trinidad & Tobago (Appeal to Privy Council)

Topic:

Constitutional Law

Principle:

A 2022 constitutional case regarding the breach of a minor's rights while in state custody. The judgment is significant for clarifying when 'vindicatory damages' (damages to make a point) should be awarded for a constitutional breach.

Jurisdiction:

Trinidad & Tobago (Appeal to Privy Council)

Topic:

Commercial Law

Principle:

A 2025 commercial law case that clarified pleading rules. The court decided whether a party pleading their case *only* on the basis of *quantum meruit* (payment for services rendered) could still be awarded damages for breach of contract.

Jurisdiction:

Trinidad & Tobago (Appeal to Privy Council)

Topic:

Public Law

Principle:

A 2025 public law decision defining the rules of natural justice for Commissions of Enquiry. The court determined the circumstances in which a Commission must give individuals notice that it intends to criticize them in its final report.

Jurisdiction:

Trinidad & Tobago (Appeal to Privy Council)

Topic:

Constitutional Law

Principle:

A major 2019 constitutional case on judicial tenure. It addressed the 'unfortunate dispute' over a judge's resignation and the constitutional procedure for handling her 53 part-heard criminal matters.

Jurisdiction:

Trinidad & Tobago (Court of Appeal)

Topic:

Constitutional Law

Principle:

A famous 2013 case related to the Section 34 scandal. The court handled the constitutional motion challenging Parliament's urgent repeal of a law that had introduced a ten-year time limit on prosecuting certain complex fraud offenses.

Jurisdiction:

Trinidad & Tobago (Court of Appeal)

Topic:

Constitutional Law

Principle:

A landmark constitutional case. The court found that sections 13 and 16 of the Sexual Offences Act are unconstitutional as they infringe the right to private and family life. However, it held that these laws are 'saved' from being struck down by the 'savings law clause' in the Constitution.

Jurisdiction:

Trinidad & Tobago (Appeal to Privy Council)

Topic:

Public Law

Principle:

A major 2024 public law case that challenged the constitutionality of the T&T Revenue Authority (TTRA) Act. The court examined whether creating the TTRA and transferring revenue functions to employees who are not 'public officers' (without the protection of the Public Service Commission) was an unconstitutional move by Parliament.

Jurisdiction:

Trinidad & Tobago (Appeal to Privy Council)

Topic:

Constitutional Law

Principle:

A key constitutional case on the 'right to liberty... except by due process of law'. The court found that the appellants' rights were breached when the T&T Court of Appeal made an error in law regarding their sentencing time, leading to their unlawful detention for an additional period.

Jurisdiction:

Trinidad & Tobago (High Court)

Topic:

Contract Law

Principle:

A foundational contract law case on tenders. It established that a 'Letter of Award' from a state entity (SWRHA) accepting a company's bid (for medical equipment) *did* create a binding contract, even before a formal written contract was signed. The SWRHA's subsequent refusal to proceed was a breach of that contract.

Jurisdiction:

Trinidad & Tobago (Court of Appeal)

Topic:

Constitutional Law

Principle:

A significant constitutional case (the 'Dangerous Drugs Act' case) that affirmed the supremacy of the Constitution. The court ruled that Parliament is *not* supreme and cannot encroach on fundamental rights, and it struck down mandatory minimum sentences in the Act as a violation of the 'separation of powers'.

Jurisdiction:

Trinidad & Tobago (Appeal to Privy Council)

Topic:

Constitutional Law / Industrial Relations

Principle:

A foundational constitutional case. It established that the Industrial Relations Act (and its restrictions on trade union strikes) did *not* infringe the constitutional right of 'freedom of association.'

Jurisdiction:

Trinidad & Tobago (Appeal to Privy Council)

Topic:

Constitutional Law / Damages

Principle:

The *locus classicus* (foundational case) that established the concept of 'vindicatory damages' in T&T law. The court held that compensation can be awarded for a constitutional breach itself, even if no other monetary loss was proven.

Jurisdiction:

Trinidad & Tobago (Appeal to Privy Council)

Topic:

Constitutional Law

Principle:

A major constitutional case on the 'separation of powers,' arising from the state's attempt to investigate and arrest the sitting Chief Justice. It defined the limits of executive power over the judiciary.

Jurisdiction:

Trinidad & Tobago (Appeal to Privy Council)

Topic:

Constitutional Law / Tort Law

Principle:

A classic case on the 'savings law clause.' It affirmed that the state is liable for false imprisonment and that pre-independence (colonial) laws are 'saved' from constitutional challenge.

Jurisdiction:

Trinidad & Tobago (High Court)

Topic:

Constitutional Law / Criminal Law

Principle:

A significant 2024 judgment that ruled the mandatory death penalty is unconstitutional, finding that the automatic sentence infringes on the judiciary's power and is 'cruel and unusual punishment.'

Jurisdiction:

Trinidad & Tobago (Appeal to Privy Council)

Topic:

Public Law / Extradition

Principle:

A key case (related to Piarco) on due process and extradition. It examined whether extraditing T&T citizens to the USA under the Extradition Act, without the AG considering the 'forum' (i.e., whether they should be tried in T&T first), was an abuse of process.

Jurisdiction:

Trinidad & Tobago (Court of Appeal)

Topic:

Contract Law

Principle:

A key T&T case on 'privity of contract.' The court held that a party who was not named in the contract (a 'third party') could not sue to enforce a benefit under it, upholding the traditional common law doctrine.

Jurisdiction:

Trinidad & Tobago (Appeal to Privy Council)

Topic:

Criminal Law / Evidence

Principle:

A major criminal law precedent that established the 'Boodram direction'—the specific instructions a judge must give to a jury when the state's case relies on the uncorroborated testimony of a single, disputed witness.

Jurisdiction:

Trinidad & Tobago (Appeal to Privy Council)

Topic:

Tort Law

Principle:

A foundational tort law case for 'vicarious liability'. It held that the state *was* liable for the negligent act of a police officer who, while on duty and using a police vehicle, negligently caused an accident after going on a 'frolic of his own.'

Jurisdiction:

Trinidad & Tobago (Court of Appeal)

Topic:

Tort Law

Principle:

A classic T&T case on negligence and 'res ipsa loquitur' ('the thing speaks for itself'). When an electrical wire fell and electrocuted cows, the court held that T&TEC had the burden to prove it was *not* negligent, as electricity infrastructure doesn't just fall without a reason.

Jurisdiction:

Trinidad & Tobago (Appeal to Privy Council)

Topic:

Constitutional Law

Principle:

A seminal constitutional case where the former AG, while in prison, successfully argued that the state's delay in hearing his appeal constituted a breach of his constitutional right to a speedy trial.

Jurisdiction:

Trinidad & Tobago (Appeal to Privy Council)

Topic:

Constitutional Law

Principle:

A constitutional case which confirmed that the 'prerogative of mercy' (the President's power to pardon, on advice) is *not* reviewable by the courts, as it is a political, not judicial, process.

Jurisdiction:

Trinidad & Tobago (Caribbean Court of Justice - CCJ)

Topic:

Commercial Law / CARICOM Law

Principle:

A landmark CCJ case (originating in T&T) that affirmed the court's power to hold a government accountable under the Treaty of Chaguaramas for failing to apply the correct tariffs on imported cement, a major ruling on CARICOM trade law.

Jurisdiction:

Trinidad & Tobago (Court of Appeal)

Topic:

Public Law / Commercial Law

Principle:

A high-profile public law case from the CLICO collapse. It examined the legality of the Commission of Enquiry and whether the sole commissioner (Sir Anthony Colman) showed 'apparent bias' in his conduct.

Jurisdiction:

Trinidad & Tobago (High Court)

Topic:

Constitutional Law / Property Law

Principle:

A case concerning constitutional rights to property. It involved the state's demolition of squatter homes at 'Frederick Settlement,' and the court had to balance the state's right to its land against the residents' claims of constitutional and property rights.

Jurisdiction:

Trinidad & Tobago (Court of Appeal)

Topic:

Public Law / Judicial Review

Principle:

A significant public law case on judicial review. It affirmed that a Minister's decision (in this case, the Minister of Education) could be reviewed by the courts if it was made in bad faith or for an improper purpose.

Jurisdiction:

Trinidad & Tobago (Appeal to Privy Council)

Topic:

Criminal Law / Constitutional Law

Principle:

A criminal law case that clarified the constitutional 'right to a fair hearing.' The court held that this right was breached when the state (the prosecution) failed to disclose key evidence to the defence in a timely manner.

Jurisdiction:

Trinidad & Tobago (Appeal to Privy Council)

Topic:

Criminal Law / Constitutional Law

Principle:

A key case in the 'death penalty' line of jurisprudence. It set precedents on how 'fresh evidence' (evidence found after the trial) should be handled by the Court of Appeal, especially in capital cases.

Jurisdiction:

Trinidad & Tobago (Appeal to Privy Council)

Topic:

Criminal Law / Evidence

Principle:

A criminal appeal that dealt with the laws of evidence, specifically the cross-examination of a defendant. It set rules on when a defendant's 'bad character' or previous offenses can (and cannot) be brought up by the prosecution.

Jurisdiction:

Trinidad & Tobago (Appeal to Privy Council)

Topic:

Criminal Law

Principle:

A major murder appeal that clarified the law on 'provocation.' The court held that the defendant's loss of self-control must be judged by the standard of a 'reasonable person,' not by the defendant's specific (e.g., intoxicated) state of mind.