Lea Lilly Perry and another v Lopag Trust Reg and another No 2 (Cayman Islands)
[2023] UKPC 16
Justin Ramoon v Governor of the Cayman Islands and another (Cayman Islands)
3 March 2023
[2023] UKPC 9
Privy Council
A man challenged being moved from a Cayman Islands prison to a UK one. The court said it was legal to move him, but it shouldn't have been a secret trial. So they'll have a regular trial about it instead.
Key Facts
- •Justin Ramoon (appellant) and his brother were convicted of murder and firearm offenses in the Cayman Islands.
- •They were transferred to UK prisons under the Colonial Prisoners Removal Act 1884.
- •The Governor of the Cayman Islands concurred with the transfer, citing ongoing criminal activity and insufficient security in the Cayman Islands prison.
- •Ramoon challenged the Governor's decision via judicial review, arguing that it violated his right to private and family life under the Cayman Islands Bill of Rights.
- •The Court of Appeal initially allowed a closed material procedure (CMP), but this was challenged before the Privy Council.
Legal Principles
Right to private and family life
Cayman Islands Bill of Rights, Section 9
Closed Material Procedure (CMP) availability
Al Rawi v Security Service [2011] UKSC 34; Bank Mellat v HM Treasury (No 2) [2013] UKSC 38; R (Haralambous) v Crown Court at St Albans [2018] UKSC 1
Colonial Prisoners Removal Act 1884
Colonial Prisoners Removal Act 1884 (47 and 48 Vict. c. 31)
"In accordance with the law"
European Convention on Human Rights; R (P) v Secretary of State for Justice [2019] UKSC 3
Outcomes
Appeal allowed on the issue of CMP jurisdiction.
The Privy Council found that the Court of Appeal erred in concluding that the Grand Court had jurisdiction to hold a CMP in the absence of statutory authority, relying heavily on the reasoning in *Al Rawi*.
Appeal dismissed on the issue of whether the decision was "in accordance with the law."
The Privy Council held that the Colonial Prisoners Removal Act 1884 provided sufficient precision, despite its broad wording, to meet the requirement of being "in accordance with the law."
Appeal dismissed on the issue of family life.
The Privy Council upheld the Court of Appeal's finding that the Governor did take the appellant's family life into account but the weight given to it remains to be determined on remittal.
Proceedings remitted to the Grand Court for judicial review hearing.
The judicial review will proceed on the basis of the disclosed material, without a CMP. The Court will assess proportionality and fairness of the decision.
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