Judgment
Bilika Harry Simamba v The Attorney General and The Governor of the Cayman Islands; Bilika Harry Simamba v The Honourable Justice Ian Kawaley and Bridget Myers - Reasons
[2021] CICA 020
· Civ App 0020/2021; Civ App 0021/2021 · 2021-12-22
Whether appeals were permitted as of right under section 26(3) of the Constitution; Interpretation of “final determination” and frivolous or vexatious under Bill of Rights; Application of judicial immunity under section 29(1) of the Grand Court Act; Procedural fairness and delay in handling of negligence claim against HSA; Abuse of process and adequacy of expert evidence; Whether Grand Court can review decisions of judges of equivalent jurisdiction under section 26; Validity of grounds for appeal and whether leave should be granted
Full metadata
| Neutral Citation | [2021] CICA 020 |
|---|---|
| Cause Number | Civ App 0020/2021; Civ App 0021/2021 |
| Court | CICA (Civ) |
| Judge | Martin JA |
| Parties | Bilika Harry Simamba v The Attorney General and The Governor of the Cayman Islands; Bilika Harry Simamba v The Honourable Justice Ian Kawaley and Bridget Myers - Reasons |
| Judgment Date | 2021-12-22 |
| Subject | Whether appeals were permitted as of right under section 26(3) of the Constitution; Interpretation of “final determination” and frivolous or vexatious under Bill of Rights; Application of judicial immunity under section 29(1) of the Grand Court Act; Procedural fairness and delay in handling of negligence claim against HSA; Abuse of process and adequacy of expert evidence; Whether Grand Court can review decisions of judges of equivalent jurisdiction under section 26; Validity of grounds for appeal and whether leave should be granted |
| Filename (current) | 4jt5am1mur401g2a4768904c17fddaf5ce0548c1e0a487cfe3c7.pdf |
Legislation cited
| Statute | Sections cited | Mentions |
|---|---|---|
| Grand Court Act | 29 (1), 29(1) | 2 |
| Court of Appeal Act | — | 1 |
| Court of Appeal Rules (subordinate) | 12(6)(j) | 1 |
| Grand Court Rules - Vol I - Orders (subordinate) | 19(1) | 1 |
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