February 24 2016
START DATE
END DATE
September 7 2016
Bermuda Emissions Control Ltd v. The Premier of Bermuda Sir Anthony Evans Hon John Barritt Fiona Luck Kumi Bradshaw The Attorney General for Bermuda
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
The Supreme Court of Bermuda
CIVIL JURISDICTION
IAN RC KAWALEY CJ
Eugene Johnston Dawn Johnston
Gregory Howard for 1st and 6th Respondents Jeffrey Elkinson Ben Adamson for 2nd to 5th Respondents
FACTS OF THE CASE:
The case examines the lawfulness of the appointment of a Commission of Inquiry by the Premier of Bermuda to investigate alleged violations in the award of contracts and tendering processes related to the Transport Control Department (TCD) emissions centre involving Bermuda Emissions Control Ltd. The inquiry was challenged on grounds of overbreadth in its scope of investigation and the lawfulness of its subpoenas. The court found the Commission validly constituted anchored to the financial years 2010-2012 and matters in Section 3 of the Auditor-General?s Report but granted leave to challenge the validity of a subpoena issued to Bermuda Emissions Control Ltd
SUMMARY:
Primarily in favour of Defendants with some aspects left open for judicial review
OUTCOMES:
RULED IN FAVOUR OF:
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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Bermuda Emissions Control Ltd v. The Premier of Bermuda Sir Anthony Evans Hon John Barritt Fiona Luck Kumi Bradshaw The Attorney General for Bermuda
The case examines the lawfulness of the appointment of a Commission of Inquiry by the Premier of Bermuda to investigate alleged violations in the award of contracts and tendering processes related to the Transport Control Department (TCD) emissions centre involving Bermuda Emissions Control Ltd. The inquiry was challenged on grounds of overbreadth in its scope of investigation and the lawfulness of its subpoenas. The court found the Commission validly constituted anchored to the financial years 2010-2012 and matters in Section 3 of the Auditor-General?s Report but granted leave to challenge the validity of a subpoena issued to Bermuda Emissions Control Ltd