R (Caribbean Utilities Co Ltd) v Ombudsman - Judgment
Judicial review—challenge to decision of Ombudsman that regulator should disclose documents under Freedom of Information Act—third party having commercial interest in documents—third party not informed of appeal and not afforded opportunity to make representations to Ombudsman—whether to quash decision for procedural unfairness. Constitution, section 15—right to peaceful enjoyment of property—absence in Freedom of Information Act of provision for compensation where property rights infringed by order for disclosure—appropriate interpretation of section 21 of the Freedom of Information Act so as to be consistent with section 15 of the Constitution pursuant to section 5 of the Cayman Constitution Order 2009
| Neutral Citation | [2026] CIGC (Civ) 22 |
|---|---|
| Cause Number | G 0103/2024 |
| Court | CIGC (Civ) |
| Judge | Asif J |
| Parties | R (Caribbean Utilities Co Ltd) v Ombudsman - Judgment |
| Judgment Date | 2026-06-08 |
| Subject | Judicial review—challenge to decision of Ombudsman that regulator should disclose documents under Freedom of Information Act—third party having commercial interest in documents—third party not informed of appeal and not afforded opportunity to make representations to Ombudsman—whether to quash decision for procedural unfairness. Constitution, section 15—right to peaceful enjoyment of property—absence in Freedom of Information Act of provision for compensation where property rights infringed by order for disclosure—appropriate interpretation of section 21 of the Freedom of Information Act so as to be consistent with section 15 of the Constitution pursuant to section 5 of the Cayman Constitution Order 2009 |
| Filename (current) | G0103202406082026CARIBBEANUTILITIESVSOMBUDSMANJUDGMENT.pdf |
| Statute | Sections cited | Mentions |
|---|---|---|
| Freedom of Information Act | 21, 21(1)(b) | 10 |
| Ombudsman Act | 9(1) | 2 |
| The Cayman Islands Constitution Order 2009 (UKSI 1379:2009) (constitution) | 5 | 2 |
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