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Judgment

Hurlston Construction Ltd v Sir Peter Allen, Commissioner of Inquiry - Judgment

Civ App 0019/1993 · 2000-01-01

Scope of inquiry vs. trial issues; Prejudice from concurrent proceedings; Temporary prohibition to facilitate settlement negotiations

Full metadata
Cause Number Civ App 0019/1993
Court CICA (Civ)
Judge Henry JA, Kerr JA, Zacca JA
Parties Hurlston Construction Ltd v Sir Peter Allen, Commissioner of Inquiry - Judgment
Judgment Date 2000-01-01
Subject Scope of inquiry vs. trial issues; Prejudice from concurrent proceedings; Temporary prohibition to facilitate settlement negotiations
Filename (current) 00-00-00_hurlston_construction_ltd-_v_sir_peter_allen_the_commissioner_of_inquiry.pdf
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In the Court of Appeal of the Cayman Islands — Civil Division
Cause No. Civ App 0019/1993
Between
Hurlston Construction Ltd
- v -
Sir Peter Allen, Commissioner of Inquiry - Judgment
Before
Henry JA, Kerr JA, Zacca JA
Judgment delivered 2000-01-01

CICA CIVIL APPEAL NO. 19/93

IN THE MATTER OF AN APPLICATION FOR AN ORDER OF PROHIBITION AND CERTIORARI

BETWEEN: HURLSTON CONSTRUCTION LTD. APPELLANT
AND: SIR PETER ALLEN, THE COMMISSIONER OF INQUIRY RESPONDENT

JUDGEMENT

The broad issues which the Commissioner is required to consider are not those which the Court would have to consider at the trial of the action. In the absence of pleadings we are not prepared to say that the Commissioner will have to consider other issues which will fall for determination by the Court. The mere fact that the same witnesses will appear before the Court and the Commissioner does not necessarily mean that there will be a prejudgement by the Commissioner of issues which will have to be decided by the Court. If the litigant is likely to be prejudiced, the observation of Jordan CJ in Ex parte Bread Manufacturers Ltd. (1937) 37 S.R. (N.S.W.) 242 at 249, approved by Lord Reid in Attorney General v. Times Newspaper (1974) A.C. 293 at 296 appears apt:

"The discussion of public affairs and the denunciation of public abuses, actual or supposed, cannot be required to be suspended merely because the discussion or the denunciations may, as an incidental but not intended by-product, cause some likelihood of prejudice to a person who happens at the time to be a litigant."

We are not therefore prepared to grant an order of prohibition pending the trial of the action. The information before us however suggests that a settlement of the action will soon be arrived at, but that a hearing by the Commissioner would put an end to negotiations. In order to facilitate those negotiations, but bearing in mind that the Commissioner is not to be unnecessarily and indefinitely fettered, we are prepared to grant an order of Prohibition for a period of three months.

To this extent the appeal is allowed and an order of Prohibition is granted for three months. There will be no order as to costs.

Full reasons will be put into writing at a later date.

THE RIGHT HON. PRESIDENT, MR. JUSTICE ZACCA, PC, O.J.
THE RIGHT HON. MR. JUSTICE KERR, J.A.
THE HON. MR. JUSTICE HENRY, J.A.

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