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29-Apr-19

START DATE

END DATE

21-Aug-19

Dwight Lambert v. Minister Responsible for Telecommunications

COURT:

LAW:

JUDGE(S):

CLAIMANT'S LAWYER:

DEFENDANT'S LAWYER:

The Supreme Court of Bermuda

CIVIL JURISDICTION

Hon. Assistant Justice Bell

Mr Peter Sanderson Benedek Lewin

Mr Michael Taylor Attorney General?s Chambers

FACTS OF THE CASE:

The plaintiff Dwight Lambert filed a claim stating that sections 3 and 3A of the Obscene Publications Act 1973 infringed on his constitutionally protected rights under the Bermuda Constitution Order 1968 particularly his rights to a fair hearing and freedom of expression by being unclear if the definition of obscenity covered the material for which he was charged. The court previously declared the sections breached his constitutional rights. The current hearing determined the redress for these breaches focusing on the quantum of compensation for the plaintiff's suffered emotional distress humiliation and infringement of his rights

SUMMARY:

Plaintiff/Claimant

OUTCOMES:

RULED IN FAVOUR OF:

PLAINTIFF/CLAIMANT

DEFENDANT:

DURATION (DAYS):

ISSUES:

RELEVANCE:

RULING:

RULING TYPE:

CASES CITED:

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Dwight Lambert v. Minister Responsible for Telecommunications

The plaintiff Dwight Lambert filed a claim stating that sections 3 and 3A of the Obscene Publications Act 1973 infringed on his constitutionally protected rights under the Bermuda Constitution Order 1968 particularly his rights to a fair hearing and freedom of expression by being unclear if the definition of obscenity covered the material for which he was charged. The court previously declared the sections breached his constitutional rights. The current hearing determined the redress for these breaches focusing on the quantum of compensation for the plaintiff's suffered emotional distress humiliation and infringement of his rights

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