Jurisdiction(s):
United Kingdom

Privy Council: Public Service Commission protections not required where functions moved to genuinely independent revenue authority; 'core governmental functions' test rejected (Dhoray v Attorney General, Trinidad and Tobago)

Published on: 06 November 2024

Published by a LexisNexis Private Client expert

Legal News

Article summary

Dhoray v Attorney General of Trinidad and Tobago and another (Trinidad and Tobago) [2024] UKPC 28

What are the practical implications of this case?

This ruling clarifies the purpose behind Chapter 9 of the Constitution, which locates in the Public Service Commission the authority to appoint and dismiss those serving in government employment. The Judicial Committee concluded that these constitutional guarantees exist, first, to secure the independence of public officers and shield them from partisan pressure, and, second, to safeguard the wider public against the consequences of political meddling. A key conclusion was that the danger in both respects sprang from the institutional placement of these officers within government, rendering them answerable to ministerial direction. Accordingly, where the relevant function is taken out of government and entrusted to a distinct statutory entity, those particular protections are not required, so long as two conditions are met: first, the statutory entity must be truly independent; and second, there must be robust and effective mechanisms ensuring real independence and adequate protection of employees from political interference. The consequence of this. Accordingly, if functions move to a truly independent statutory body with effective safeguards, ministerial risks fall away and those protections are unnecessary thereafter...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...