Judgment Reviews Law at Trinidad and Tobago
In Trinidad and Tobago, the review of judgments is a fundamental part of the legal system, which is based on English common law. The process is governed by a hierarchy of courts and specific procedural rules designed to ensure justice and the proper application of the law.
Hierarchy of Courts
The legal system provides a clear pathway for appeals and reviews:
High Court of Justice: This is the court of first instance for most serious civil and criminal matters.
Court of Appeal: This court hears appeals from the High Court. It can review the lower court's decision on both questions of law and fact.
Judicial Committee of the Privy Council (JCPC): Located in London, the JCPC remains the final court of appeal for Trinidad and Tobago. Appeals to the JCPC are generally only possible after a matter has been heard by the Court of Appeal.
Caribbean Court of Justice (CCJ): The CCJ, based in Port of Spain, has both an original jurisdiction for matters related to the Revised Treaty of Chaguaramas and an appellate jurisdiction. While Trinidad and Tobago has not fully adopted the CCJ as its final court of appeal for all matters, the CCJ serves as the final appellate court for certain specific cases related to the Revised Treaty.
Judicial Review
Beyond the appeals process, a separate and critical mechanism for reviewing judgments and decisions of public bodies is Judicial Review. This is a specialized remedy in public law governed by the Judicial Review Act, Chapter 7:08 and Part 56 of the Civil Proceedings Rules 1998.
Judicial review is not an appeal on the merits of a decision; rather, the High Court exercises a supervisory role to ensure that the decision-making process of an inferior court, tribunal, or public body was lawful, fair, and rational. The High Court scrutinizes the decision-making process, not the decision itself.
The primary grounds on which a judicial review application can be made include:
The decision was unauthorized or contrary to law.
The decision-maker exceeded their jurisdiction.
There was a failure to follow the conditions or procedures required by law.
There was a breach of the principles of natural justice (such as a failure to give a fair hearing).
The decision was so unreasonable that no reasonable person could have made it.
To apply for judicial review, an individual must first get leave (permission) from the High Court. The application must be made promptly, generally within three months from the date of the decision, unless there is a good reason for an extension.
Enforcement of Judgments
Even after a final judgment has been obtained, a party may need to take steps to enforce it. The process is governed by the Civil Proceedings Rules. Common methods of enforcement include:
Writ of Fieri Facias (Fi Fa): This directs the court's marshal to seize and sell a debtor's personal property to satisfy the judgment.
Attachment Proceedings: This allows a creditor to seize money owed to the debtor by a third party.
Charging Orders: This places a charge over a debtor's land or other property, which can be used to recover the debt.
Committal Proceedings: In some cases, a debtor may be committed to prison for failing to comply with a court order.
Enforcement of Foreign Judgments
The enforcement of a foreign judgment in Trinidad and Tobago is not automatic. It can be done through one of two main avenues:
Statutory Registration: The Judgments Extension Act provides a system for the direct enforcement of money judgments from the United Kingdom and specified Commonwealth countries that have reciprocal arrangements.
Common Law: For judgments from other jurisdictions, an action must be instituted in the High Court of Trinidad and Tobago. The court will review the foreign judgment to ensure it meets certain criteria, such as being final and conclusive, for a definite sum of money, and not contrary to local public policy.
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