LXP successfully defends Attorney General
July 2011
In early 2011 Lennox Paton acted for Mr. John F.K. Delaney QC in
his capacity as Attorney General of the Commonwealth of the
Bahamas and in his personal capacity in a case brought by
Mrs. Cheryl Bethel Grant, the former Deputy Directory of Public
Prosecutions, for judicial review of the Judicial and Legal
Services Commission ("JLSC") failure to consider her application to
be appointed Director of Public Prosecutions.
This case raised a number of important and novel issues relating
to the obligations of the JLSC to consider applications for legal
positions in the civil service. After extensive hearings in
January, February and March, 2011 the Court dismissed Mrs.
Grant Bethel application for judicial review and acceded to Lennox
Paton's applications to have the proceedings against Mr. Delaney in
his official capacity struck out and the proceedings against
him in his personal capacity severed from the judicial review
proceedings.
In striking out the proceedings against Mr. Delaney in his
official capacity the Court found that the Mrs. Grant-Bethel's
claim was for relief relating to a decision of the JLSC solely and
as such the Attorney General was not a necessary or proper party
for the judicial review proceedings. As far the case against Mr.
Delaney in his personal capacity, this appears to be the first case
in the Bahamas in which the tort of misfeasance in public
office was raised against an attorney general or any government
minister or civil servant. Lennox Paton sought to have this
claim against Mr. Delaney struck out on the basis that it had no
reasonable prospect of success or alternatively was frivolous and
vexatious. However, the Court ordered that this aspect
of the case be severed. This claim remains outstanding.
Mr. Brian C. Simms QC and Mr. Marco M. Turnquest acted for
Mr. Delaney.
