(CMR) Shirley Roulstone has obtained a protective cost order from the courts guaranteeing that she will not have to pay any costs if she loses the upcoming constitutional challenge against the government in the port referendum judicial review hearing. Considered a landmark decision in favor of the people who wish to challenge the government Chief Justice Smellie found that the protective cost order was in the public interest and further's people's ability to challenge the government in a court of law.
Today her attorneys confirmed that the Chief Justice made a Hallmark Ruling to protect the Right of the Citizenry to challenge its Government in the Courts by authorizing a Protect Costs Order. This is considered a landmark decision in her favor and could ultimately protect her against hundreds of thousands of dollars in legal fees.
During the Hearing for Leave for a Judicial Review in December 2019, Justice Tim Owen, mentioned that the Matter “plainly involves issues of great Constitutional Importance for the Cayman Islands, questions which have never been considered before because this is the first time that Section 70 of the Constitution, which provides for a People-Initiated Referendum, has been triggered”
Most citizens are fearful of mounting such challenges for fear that a loss could see them become bankrupt by just the legal fees alone. It is felt that this decision sets a precedent for future challenges against the government and substantially changes the legal landscape.
The hearing is set for January 20.