10/13/2015
START DATE
END DATE
20-Oct-15
MARTIN HOLMAN JUDITH HOLMAN CLARE ELIZABETH NEWMAN KEITH ASHLEY HOLMAN vs. ATTORNEY GENERAL
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
The Supreme Court of Bermuda
CIVIL JURISDICTION
Hellman J
Mr Peter Sanderson Wakefield Quin Limited
Mr Norman MacDonald Attorney General?s Chambers
FACTS OF THE CASE:
Plaintiffs alleged breach of rights under the Constitution and Magna Carta due to early 1970s representations by Bermuda immigration authorities leading to their forced leave from Bermuda and sought constitutional damages for 'lost' years and distress
SUMMARY:
Whether the plaintiffs' fundamental rights were breached the applicability of constitutional protections in such cases and the issue of cost awards in constitutional litigation
OUTCOMES:
No order as to the costs each party to bear their own costs recognition of Plaintiffs' Bermudian status acknowledged belatedly
RULED IN FAVOUR OF:
No clear winner as it was a 'No order as to the costs'
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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MARTIN HOLMAN JUDITH HOLMAN CLARE ELIZABETH NEWMAN KEITH ASHLEY HOLMAN vs. ATTORNEY GENERAL
Plaintiffs alleged breach of rights under the Constitution and Magna Carta due to early 1970s representations by Bermuda immigration authorities leading to their forced leave from Bermuda and sought constitutional damages for 'lost' years and distress