Judicial Review
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Act
60 of 2000
Current Authorised Pages
Pages Authorised
(inclusive) by L.R.O.
1– 15 ..
JUDICIAL REVIEW ACT
CHAPTER 7:08
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
2 Chap. 7:08 Judicial Review
Note on Subsidiary Legislation
This Chapter contains no subsidiary legislation.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Judicial Review Chap. 7:08 3
CHAPTER 7:08
JUDICIAL REVIEW ACT
ARRANGEMENT OF SECTIONS
SECTION
PART 1
PRELIMINARY
1. Short title.
2. Commencement.
3. Act binds the State.
4. Interpretation.
PART 2
JUDICIAL REVIEW PROCEDURE
5. Application for judicial review.
5A. Appointment of persons to investigate.
6. Leave of Court.
7. Leave of Court in public interest.
8. Remedies.
9. Alternative remedies.
10. Interlocutory applications.
11. Delay in applying for relief.
12. Private law action.
13. Power of Court to convert private law action into public law action.
14. Application to be made a party to proceedings.
15. Application in respect of failure to make a decision.
16. Application for reasons for decision.
PART 3
MISCELLANEOUS
17. Stay of proceedings.
18. Injunction to restrain person from acting in office.
19. Power of Court to modify or enforce order.
20. Natural justice.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
4 Chap. 7:08 Judicial Review
21. Remit to tribunal, etc.
22. Enforcement of judgment.
23. Appeals.
24. Rules.
25. Transitional provision.
ARRANGEMENT OF SECTIONS—Continued
SECTION
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Judicial Review Chap. 7:08 5
CHAPTER 7:08
JUDICIAL REVIEW ACT
An Act to provide for an application to the High Court of the
Supreme Court of Judicature for relief by way of judicial
review and for related matters.
[*ASSENTED TO 13TH OCTOBER 2000]
PART 1
PRELIMINARY
1. This Act may be cited as the Judicial Review Act.
2. This Act came into operation on 6th November 2000.
3. This Act binds the State.
4. In this Act—
“Court” means the High Court of the Supreme Court of
Judicature;
“action” includes inaction.
PART 2
JUDICIAL REVIEW PROCEDURE
5. (1) An application for judicial review of a decision of an
inferior Court, tribunal, public body, public authority or a person
acting in the exercise of a public duty or function in accordance
with any law shall be made to the Court in accordance with this
Act and in such manner as may be prescribed by Rules of Court.
(2) The Court may, on an application for judicial review,
grant relief in accordance with this Act—
(a) to a person whose interests are adversely affected
by a decision; or
60 of 2000.
Short title.
Commencement.
[270/2000].
Act binds the
State.
Interpretation.
Application for
judicial review.
*See section 2 for date of commencement of this Act.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
6 Chap. 7:08 Judicial Review
(b) to a person or a group of persons if the Court is
satisfied that the application is justifiable in the
public interest in the circumstances of the case.
(3) The grounds upon which the Court may grant relief
to a person who filed an application for judicial review includes
the following:
(a) that the decision was in any way unauthorised or
contrary to law;
(b) excess of jurisdiction;
(c) failure to satisfy or observe conditions or
procedures required by law;
(d) breach of the principles of natural justice;
(e) unreasonable, irregular or improper exercise of
discretion;
(f) abuse of power;
(g) fraud, bad faith, improper purpose or irrelevant
consideration;
(h) acting on instructions from an unauthorised person;
(i) conflict with the policy of an Act;
(j) error of law, whether or not apparent on the face
of the record;
(k) absence of evidence on which a finding or
assumption of fact could reasonably be based;
(l) breach of or omission to perform a duty;
(m) deprivation of a legitimate expectation;
(n) a defect in form or a technical irregularity resulting
in a substantial wrong or miscarriage of justice; or
(o) an exercise of a power in a manner that is so
unreasonable that no reasonable person could
have so exercised the power.
(4) An applicant is not limited to the grounds set out in
the application for judicial review but if the applicant wishes to
rely on any other ground not so set out, the Court may, on such
terms as it thinks fit, direct that the application be amended to
specify such other ground.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Judicial Review Chap. 7:08 7
(5) Subject to subsection (1), sections 6(1) and 11, a
person is entitled, when making an application for judicial review
under subsection (2)(b) or (6), to make the application in any written
or recorded form or manner and by any means.
(6) Where a person or group of persons aggrieved or
injured by reason of any ground referred to in paragraphs (a) to
(o) of subsection (3), is unable to file an application for judicial
review under this Act on account of poverty, disability, or socially
or economically disadvantaged position, any other person or group
of persons acting bona fide can move the Court under this section
for relief under this Act.
5A. (1) Where an application is filed under section 5(2)(b) or
(6), the Court may suspend the hearing of the matter for such time
as it considers just, and appoint a person or such number of persons
possessing such training or qualifications as the Court considers
just and as the circumstances warrant, to investigate the facts of
the complaint or matter and to submit a report on its finding to the
Court within such time as is specified by the Court.
(2) Such report shall be made available to the parties to
the action who shall be entitled to be heard in respect of the report
and make whatever application to the Court in respect of the report
that they consider just.
6. (1) No application for judicial review shall be made
unless leave of the Court has been obtained in accordance with
Rules of Court.
(2) The Court shall not grant such leave unless it considers
that the applicant has a sufficient interest in the matter to which
the application relates.
7. (1) Notwithstanding section 6, where the Court is satisfied
that an application for judicial review is justifiable in the public
interest, it may, in accordance with this section, grant leave to apply
for judicial review of a decision to an applicant whether or not he
has a sufficient interest in the matter to which the decision relates.
Appointment of
persons to
investigate.
Leave of Court.
Leave of Court
in public
interest.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
8 Chap. 7:08 Judicial Review
(2) Upon the filing of an application for leave under
subsection (1), the Registrar shall immediately cause notice of the
application to be published on two days in each of two daily
newspapers circulating in Trinidad and Tobago.
(3) A notice under subsection (2) shall name the applicant,
state the decision which is the subject matter of the application,
describe the nature of the relief being sought, and any other relevant
matter, and invite any person with a more direct interest in the
matter to file a similar application, or to apply to be joined as a
party to the proceedings, within fourteen days of the last publication
of the notice.
(4) Where no one files a similar application or applies to
be joined as a party within the time specified in subsection (3), the
Court may grant leave to the applicant.
(5) Where an application is filed within the time specified
in subsection (3) and the Court is satisfied that—
(a) the person applying (“the second applicant”) has
a more direct interest in the matter than the first
applicant; and
(b) the first applicant does not possess any special
expertise or ability that will materially enhance
the presentation of the case,
the Court may refuse to grant leave to the first applicant and grant
leave instead to the second applicant, but in that event the second
applicant shall not be liable to pay the costs of the first applicant.
(6) Where an application to be joined as a party is
made by more than one person within the time specified in
subsection (3), the Court may grant leave to such applicant or
applicants as it thinks fit.
(7) In determining whether an application is justifiable
in the public interest the Court may take into account any relevant
factor, including—
(a) the need to exclude the mere busybody;
(b) the importance of vindicating the rule of law;
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Judicial Review Chap. 7:08 9
(c) the importance of the issue raised;
(d) the genuine interest of the applicant in the matter;
(e) the expertise of the applicant and the applicant’s
ability to adequately present the case; and
(f) the nature of the decision against which relief is
sought.
(8) Where an application is filed under section 5(6),
the Court may not make an award of costs against an
unsuccessful applicant, except where the application is held to
be frivolous or vexatious.
8. (1) On an application for judicial review, the Court may
grant the following forms of relief:
(a) an order of mandamus, prohibition or certiorari;
(b) a declaration or injunction;
(c) an injunction under section 19; or
(d) such other orders, directions or writs as it
considers just and as the circumstances warrant.
(2) A declaration may be made or an injunction granted
under this subsection in any case where an application for judicial
review seeking such relief has been made, and the Court considers
that, having regard to—
(a) the nature of the matters in respect of which relief
may be granted by orders of mandamus,
prohibition or certiorari;
(b) the nature of the persons and bodies against whom
relief may be granted by such order; and
(c) all the circumstances of the case,
it would be just and convenient for the declaration to be made or
injunction to be granted, as the case may be.
(3) In any law—
(a) reference to a writ of mandamus, prohibition or
certiorari shall be read as reference to the
corresponding order; and
Remedies.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
10 Chap. 7:08 Judicial Review
(b) reference to the issue or award of any such writ
shall be read as reference to the making of the
corresponding order.
(4) On an application for judicial review, the Court may
award damages to the applicant if—
(a) the applicant has included in the application a
claim for damages arising from any matter to
which the application relates; and
(b) the Court is satisfied that, if the claim has been
made in an action begun by the applicant at the
time of making the application, the applicant
could have been awarded damages.
(5) The Court, having regard to all the circumstances, may
grant in addition or alternatively an order for restitution or for the
return of property, real or personal.
9. The Court shall not grant leave to an applicant for judicial
review of a decision where any other written law provides an
alternative procedure to question, review or appeal that decision,
save in exceptional circumstances.
10. (1) An interlocutory application may be made in an
application for judicial review and the Court may make any
interlocutory order, including an order for discovery of documents,
interrogatories or cross-examination, and may grant any interim
relief as it thinks fit.
(2) The Court may, at any stage of the application for
judicial review, direct that the proceedings to which such
application relates shall be stayed until further notice.
11. (1) An application for judicial review shall be made
promptly and in any event within three months from the date when
grounds for the application first arose unless the Court considers
that there is good reason for extending the period within which the
application shall be made.
Alternative
remedies.
Interlocutory
applications.
Delay in
applying for
relief.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Judicial Review Chap. 7:08 11
(2) The Court may refuse to grant leave to apply for
judicial review if it considers that there has been undue delay in
making the application, and that the grant of any relief would cause
substantial hardship to, or substantially prejudice the rights of any
person, or would be detrimental to good administration.
(3) In forming an opinion for the purpose of this section,
the Court shall have regard to the time when the applicant became
aware of the making of the decision, and may have regard to such
other matters as it considers relevant.
(4) Where the relief sought is an order of certiorari in
respect of a judgment, order, conviction or other decision, the date
when the ground for the application first arose shall be taken to be
the date of that judgment, order, conviction or decision.
12. Where the Court is of the opinion that an inferior Court,
tribunal, public body or public authority against which or a person
against whom an application for judicial review is made is not
subject to judicial review, the Court may allow the proceedings to
continue, with any necessary amendments, as proceedings not
governed by this Act and not seeking any remedy by way of orders
of mandamus, prohibition or certiorari, and subject to such terms
and conditions as the Court thinks fit.
13. Where the Court is of the opinion that a decision of an
inferior Court, tribunal, public body or public authority against
which or a person against whom a writ of summons has been filed
should be subject to judicial review, the Court may give such
directions and make such orders as it considers just to allow the
proceedings to continue as proceedings governed by this Act.
14. (1) Any person who has an interest in a decision which is
the subject of an application for judicial review may apply to the
Court to be made a party to the proceedings.
(2) The Court may—
(a) grant the application either unconditionally or
subject to such terms and conditions as it
thinks just;
Private law
action.
Power of Court
to convert
private law
action into
public law
action.
Application to
be made a party
to proceedings.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
12 Chap. 7:08 Judicial Review
(b) refuse the application; or
(c) refuse the application but allow the person to
make written or oral submissions at the hearing.
15. (1) Where—
(a) a person has a duty to make a decision to which
this Act applies;
(b) there is no law that prescribes a period within which
the person is required to make that decision; and
(c) the person has failed to make that decision,
a person who is adversely affected by such failure may file an
application for judicial review in respect of that failure on the ground
that there has been unreasonable delay in making that decision.
(2) Where—
(a) a person has a duty to make a decision to which
this Act applies;
(b) a law prescribes a period within which the person
is required to make that decision; and
(c) the person has failed to make that decision before
the expiration of that period,
a person who is adversely affected by such failure may file an
application for judicial review in respect of that failure on the
ground that the decision-maker has a duty to make that decision,
notwithstanding the expiration of that period.
(3) Without prejudice to section 8, on an application for
judicial review under this section, the Court may make all or any
of the following orders:
(a) an order directing the making of the decision;
(b) an order declaring the rights of the parties in
relation to the making of the decision;
(c) an order directing any of the parties to do, or to
refrain from doing, any act or thing, the doing, or
the refraining from the doing, of which the Court
considers necessary to do justice between the parties.
Application in
respect of
failure to make a
decision.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Judicial Review Chap. 7:08 13
16. (1) Where a person is adversely affected by a decision to
which this Act applies, he may request from the decision-maker a
statement of the reasons for the decision.
(2) Where a person makes a request under subsection (1),
he shall make the request—
(a) on the date of the giving of the decision or of the
notification to him thereof; or
(b) within twenty-eight clear days after that date,
whichever is later, and in writing.
(3) Where the decision-maker fails to comply with a
request under subsection (1), the Court may, upon granting leave
under section 5 or 6, make an order to compel such compliance
upon such terms and conditions as it thinks just.
PART 3
MISCELLANEOUS
17. The Court may at any stage direct that proceedings to which
an application for judicial review relates shall be stayed until further
order on such terms and conditions as the Court may direct.
18. (1) Where a person brings proceedings alleging that
another person is not entitled to act in an office to which this section
applies, the Court may—
(a) grant an injunction restraining that other person
from so acting; and
(b) if the case so warrants, declare the office to be
vacant.
(2) This section applies to—
(a) a public office;
(b) an office created by any written law;
(c) an office in which the public has an interest; and
(d) any other office as the Court considers it is in the
public interest to grant relief.
Application for
reasons for
decision.
Stay of
proceedings.
Injunction to
restrain person
from acting in
office.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
14 Chap. 7:08 Judicial Review
19. (1) The Court may, at any time before the proceedings
are concluded, of its own motion or on the application of any party,
revoke, vary or suspend the operation of any Order made by it
under this Act.
(2) Without prejudice to any other law, the Court shall
have such incidental or ancillary powers to enforce any Order or
judgment it makes under this Act.
20. An inferior Court, tribunal, public body, public authority
or a person acting in the exercise of a public duty or function in
accordance with any law shall exercise that duty or perform that
function in accordance with the principles of natural justice or in a
fair manner.
21. If, on an application for judicial review seeking an order
of certiorari, the Court quashes the decision to which the
application relates, the Court may remit the matter to the Court,
tribunal, public body, public authority or person concerned, with a
directive to reconsider it and reach a decision in accordance with
the findings of the Court.
22. (1) Subject to subsection (2), where an order has been
made or a judgment given in favour of a person who brought an
application under section 5(2)(b) or (6) and who, for any reason, is
unable to enforce the order or judgment, any other person is entitled
to enforce that order or judgment on behalf of that person.
(2) Where a person seeks to enforce a judgment or order
under subsection (1) on behalf of a successful applicant, he shall
first obtain leave of the Court.
23. (1) A person aggrieved by a decision of the Court,
including an interlocutory order, under this Act is entitled to appeal
that decision as of right to the Court of Appeal.
(2) An appeal shall lie from a decision of the Court of
Appeal referred to in subsection (1), as of right to the Judicial
Committee of the Privy Council.
Power of Court
to modify or
enforce order.
Natural justice.
Remit to
tribunal, etc.
Enforcement of
judgment.
Appeals.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Judicial Review Chap. 7:08 15
24. The Rules Committee, established under section 77 of the
Supreme Court of Judicature Act, may make Rules to give effect
to this Act.
25. Nothing in this Act shall apply to proceedings which began
before the commencement of this Act.
Rules.
Ch. 4:01.
Transitional
provision.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
