James A. L. Bristol v The Judicial and Legal Services Commission et Al

• Jurisdiction: Grenada
• Court: High Court (Grenada)
• Judge: Glasgow, J.
• Judgment Date: 12 December 2025
• Judgment citation (vLex): [2025] ECSC J1212-1
• Docket Number: CLAIM NO.: GDAHCV2024/0500

In the Matter of the West Indies Associated States Supreme Court Order 1967 (“The Courts Order”)

and

In the Matter of the Judicial and Legal Services Commission Regulations (“The JLSC Regulations”)

and

In the Matter of the Appointment of Eddy Ventose as a Justice of Appeal of the Eastern Caribbean Supreme Court (“The Appointment”)

and

In the Matter of An Application for Judicial Review by Way of a Writ of Certiorari

Between:

James A. L. Bristol KC

Claimant

and

The Judicial and Legal Services Commission

Defendant

and

Eddy David Ventose

Interested Party

[2025] ECSC J1212-1

Before:

The Hon. Mr. Justice Raulston L. A. GlasgowHigh Court Judge

CLAIM NO.: GDAHCV2024/0500

IN THE EASTERN CARIBBEAN SUPREME COURT

IN THE HIGH COURT OF JUSTICE

(CIVIL)

Appearances:

Mr. Sydney A. Bennett KC and Mr. Dylan Charles of counsel for the Claimant

Mr. B. Michael Hylton KC, Ms. Dia Forrester and Mr. Sundiata Gibbs of counsel for the Defendant

Mr. Anand Ramlogan SC and Mrs. Daniella Williams Mitchell of counsel for the Interested Party

DECISION ON APPLICATION DISPUTING JURISDICTION

Glasgow, J.

1 To say that Mr. Justice of Appeal Eddy David Ventose (hereafter referred to as “Justice Ventose”) is an extraordinarily gifted legal mind and scholar may be considered crass euphemism to all who know him well. A cursory examination of his curriculum vitae bears out the veracity of this assertion. His academic qualifications include a doctorate from the University of Oxford, a master's degree from the University of Cambridge, a bachelor's degree from the University of the West Indies along with several other diplomas and certificates. Postgraduate admissions to practise law include admissions to the bar of England and Wales, Saint Lucia, Saint Kitts, Barbados, Guyana and Dominica. He has served in very senior posts as Dean of the Faculty of Law at the University of the West Indies, Senior Legal Consultant, Senior Legal Advisor, High Court judge, Court of Appeal judge and Professor of Law, among many other posts. Justice Ventose has also published many outstanding books, articles and papers touching a wide range of legal issues. His work has been widely recognised, and his accolades are way too many to list in this ruling.

2 Considering the foregoing, one could hardly be accused of proposing the implausible if it is suggested that Justice Ventose is a person who possesses qualities of a more than capable Justice of Appeal. I do not believe that anything contended by the claimant (hereafter referred to as “Mr. Bristol”) on this application disputes these views.

3 However, Mr. Bristol has an issue with Justice Ventose's appointment to the post of judge of the Eastern Caribbean Supreme Court of Appeal (hereafter referred to as “the Court of Appeal”). Mr. Bristol's complaint is that appointments to the Court of Appeal are to be made by the defendant, the Judicial and Legal Services Commission (hereafter referred to as “JLSC”) in accordance with section 5 of the West Indies Associated States Supreme Court Order 1967 (hereafter referred to as “the Courts Order” and “section 5”). Mr. Bristol argues that section 5 circumscribes the manner in which the JLSC makes the appointments of Justices of Appeal in that, among other things, the section requires the JLSC to only appoint persons to the office of Justice of Appeal who hold the minimum qualifications and experience detailed in section 5. Mr. Bristol complains that, notwithstanding his impressive legal qualifications and experience, Justice Ventose does not possess the qualifications outlined in section 5. Accordingly, Mr. Bristol argues that when the JLSC appointed Justice Ventose to the Court of Appeal it acted without legal authority to do so. Justice Ventose, in Mr. Bristol's view, should not be sitting as a judge of the Court of Appeal.

4 It might lend some insight into our discourse to say a word at this juncture about section 5 since it seems to be the fulcrum on which this entire dispute turns.

A word about section 5

5 Insofar as it is relevant to this ruling, I have found a succinct and eloquent account of the history of the Eastern Caribbean States Supreme Court (hereafter referred to as “ECSC”), the Courts Order and the JLSC in submissions filed on behalf of Justice Ventose on 17 ^th June 2025. I trust that I am permitted to borrow and recite herein the well-expressed articulation of the history of the court. The following is extracted from paragraphs 19 to 22 of Justice Ventose's 17 ^th June 2025 submissions –

“19. The ECSC emerged from the constitutional developments of the 1960s when several British Caribbean territories sought new arrangements with the United Kingdom. While Trinidad and Tobago, Jamaica (1962), and Guyana (1966) achieved full independence, the territories that would become the Organization of Eastern Caribbean States — Antigua, Anguilla, Dominica, Grenada, Saint Vincent, Saint Kitts & Nevis, and Saint Lucia — adopted a distinct path. Following Constitutional Conferences in London in 1966, these territories entered into a novel “status of association” with the United Kingdom, formalised through the West Indies Act 1967.

20. Section 6 of the West Indies Act provided for Her Majesty by Order in Council to establish common courts for the associated states (section 6(1) and for a ‘commission’ to have ‘duties and powers’ in relation to any court established under the Order in Council and any judges of such court (section 6(3)).

21. A few days after the West Indies Act 1967 came into force, Her Majesty approved the West Indies Associated States Supreme Court Order ( SI 1967/223). The Courts Order has been recognised in the Associated State Constitution of 1967 and the Independence Constitutions of the respective States, including in section 105 of the Independence Constitution of Grenada in 1974.

22. The Courts Order established common courts for the Associated States (section 4) as well as the Judicial and Legal Services Commission (section 18).”

6 Section 5 is the section which empowers the JLSC to make appointments to the office of Justice of Appeal. That section reads–

“5.—(1) The Chief Justice shall be appointed by Her Majesty by Letters Patent and the Justices of Appeal and the Puisne Judges shall be appointed on behalf of Her Majesty by the Judicial and Legal Services Commission.

(2) A person shall not be qualified to be appointed—

• (a) as Chief Justice or a Justice of Appeal unless—

  (i) he has been for a period or periods amounting in the aggregate to not less than five years a judge of a court of unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from such a court; or

  (ii) he is qualified to practise as an advocate in such a court, and has so practised, for a period of, or periods amounting in the aggregate to, not less than fifteen years;

• (b) as a Puisne Judge unless—

  (i) he is or has been a judge of a court of unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from such a court; or

  (ii) he is qualified to practise as an advocate in such a court and has so practised, for a period of or periods amounting in the aggregate to not less than ten years.

(3) For the purposes of subsection (2) of this section references in that subsection to a period or periods during which a person has practised as an advocate in any such court as is mentioned in that subsection shall be construed as including a period or periods during which a person—

(a) has been serving in the office of judge of any such court; or

(b) after having become qualified to practise as an advocate in any such court, has been serving in a public office in some part of the Commonwealth the functions of which include 'appearing as an advocate in any such court or in the office of magistrate, or registrar of a court, in some part of the Commonwealth.” (Bold emphasis mine)

The present ruling

7 The present ruling is not concerned with the merits of the complaints raised by Mr. Bristol about Justice Ventose's appointment to the Court of Appeal by the JLSC. Rather, this ruling addresses a preliminary concern raised by Justice Ventose. In addition to disagreeing with Mr. Bristol's complaint that he does not possess the section 5 qualifications to sit as a judge of the Court of Appeal, Justice Ventose has asked this court to consider whether it has the jurisdiction to even hear the complaint brought by Mr. Bristol about his appointment to the Court of Appeal.

8 Courts ought not to hear cases over which they have no jurisdiction, and as such the court must properly examine the jurisdictional challenge before proceeding to examine the merits of Mr. Bristol's complaint.

9 The Eastern Caribbean Supreme Court Civil Procedure Rules (Revised Edition) 2023 (hereafter referred to as “the CPR”) in Part 9.7 allows a party (in this case Justice Ventose) to file an application asserting that the court lacks jurisdiction to hear a claim. Alternatively, Justice Ventose asks that, even if the court satisfies itself that it has the jurisdiction to hear Mr. Bristol's complaint, the court should not entertain it, or to put it in legalese, the court ought to stay its jurisdiction since it would be in the interest of justice to do so. CPR 9.8 permits such a request to be made. In the further alternative, Justice Ventose asks the court to strike out Mr. Bristol's claim as he asserts that the claim is an abuse of the court's process. CPR 26.3 permits such a strike out application to be made. These concerns will together be referred to in this ruling for convenience (hopefully not crudely) as the jurisdiction complaints.

10 In response to the jurisdiction complaints, Mr. Bristol roundly refutes Justice Ventose's assertions. His rebuttal is that this court does have the jurisdiction to hear his case...