UKPC 39
Privy Council Appeal No 0071 of 2012
Chief Justice of the Cayman Island (Appellant) v The Governor (First Respondent) and The Judicial and Legal Services Commission (Second Respondent)
REFERRAL UNDER SECTION 4 OF THE JUDICIAL COMMITTEE ACT 1833
JUDGMENT DELIVERED BY
15 November 2012
Heard on 16 October 2012
Lord Falconer QC
(Instructed by Gibson Dunn & Crutcher LLP)
Lord Pannick QC
Sir Jeffrey Jowell QC
(Instructed by Treasury Solicitors)
The Cayman Islands Constitution
The background facts
The petition in this case
The instant application
Can we advise that the issues should not be substantively considered?
"It shall be lawful for his Majesty to refer to the … judicial committee for hearing or consideration any such other matters whatsoever as his Majesty shall think fit; and such committee shall thereupon hear or consider the same, and shall advise his Majesty thereon in manner aforesaid."
The closing three words of this section refer back to the preceding section, which are 'as heretofore, in the same manner and form as has been heretofore the custom with respect to matters referred by his Majesty to the whole of his privy council or a committee thereof …'.
Ought we advise that the issues should not be substantively considered?