Adam regularly appears as junior counsel in appeals originating in the Commonwealth Caribbean. In particular, he has appeared in appeals from Jamaica, Trinidad and Tobago, and The Bahamas.
His interests and experience in this area of practice includes constitutional law, human rights, judicial review, election law, commercial law, general common law and criminal appeals.
Recent cases in which Adam has been instructed and appeared as junior counsel include:
- Matadai Roopnarine v Attorney General of Trinidad and Tobago [2023] UKPC 30: The appellant sued in the tort of malicious prosecution. The Judge at first instance dismissed this appeal after hearing a no case to answer submission, which decision was upheld by a majority in the Court of Appeal. This decision restates the principles applicable to no case to answer submissions in a civil law context.
- Caryn Moss v The King [2023] UKPC 28: The appellant was tried and convicted on the charge of conspiracy to murder. The issues before the Board included whether the defence of duress arose on the evidence (assuming it was available at law) and whether the Court of Appeal had erred when substituting a lengthier sentence. Adam was led by Rowan Pennington-Benton.
- Ravi Balgobin Maharj v The Cabinet of the Republic of Trinidad and Tobago [2023] UKPC 17: The question before the Board in this appeal concerned whether a law amending the fixed term of councillors and aldermen in local government applied to prospective office-holders as well as incumbents. Adam was led by Anand Ramlogan S.C.
- Tafari Morrison v The King [2023] UKPC 14: The appellant pleaded guilty to a range of offences including wounding with intent. The issue in the appeal was whether the sentence imposed was unconstitutional because it was determined in accordance with a statutory minimum and, it was argued by the Appellant, contrary to international human rights standards. Adam was led by Peter Knox K.C. on behalf of the Crown.
- Attorney General of Trinidad and Tobago v JM (A minor by his kin and Next Friend NM) [2022] UKPC 54: Led in a successful constitutional challenge on behalf of the appellant who, aged nine, was removed into the custody of the State. The appellant was the victim of abuse in several state institutions. The Board held that the appellant’s rights to the security of the person, protection of the law, and his right not to be subjected to the imposition of cruel and unusual treatment or punishment had been violated. The judgment clarifies the approach that should be taken when awarding vindicatory and compensatory damages for breaches of constitutional rights. Adam was led by Rob Strang and Anand Ramlogan S.C.
- Attorney General of Trinidad and Tobago (Respondent) v Akili Charles (Appellant) (Trinidad and Tobago): The appellant was accused of murder and imprisoned on remand. The preliminary inquiry into the charge was required to be restarted after the elevation of the supervising magistrate to the High Court bench. Led in a successful constitutional challenge asserting that the appellant’s right to protection of the law was breached as a result. Adam was led by Rowan Pennington-Benton and Anand Ramlogan S.C.
- Attorney General of Trinidad and Tobago (Appellant) v Akili Charles (Respondent) No 2 (Trinidad and Tobago) [2022] UKPC 31: Led in the successful challenge, on behalf of the appellant, concerning the constitutionality of the Bail Act which had provided for the automatic denial of bail to persons charged with murder. Adam was led by Anand Ramlogan S.C. from Trinidad and Tobago.
- Suraj and others v Attorney General of Trinidad and Tobago [2022] UKPC 26: Led in this appeal concerning the constitutionality of the Coronavirus Regulations 2020, confirming the correct approach to interpretation of the fundamental rights and freedoms guaranteed in the Trinidad and Tobago Constitution, and the scope of the legislative savings provisions contained in the Constitution. Adam was led by Peter Knox K.C. and Anand Ramlogan S.C.
- Satyanand Maharaj v Attorney General of Trinidad and Tobago [2022] UKPC 26: Led in a constitutional challenge to guidelines issued pursuant to local Covid-19 regulations purporting to institute criminal offences regulating the functioning of religious establishments. Adam was led by Anand Ramlogan S.C.
Adam’s regular appearances as junior counsel before the Board builds upon his experience acquired during pupillage, in the course of which he assisted Tom Poole K.C. on the following appeals:
- Betaudier (Appellant) v Attorney General of Trinidad and Tobago (Respondent) (Trinidad and Tobago) [2021] UKPC 7: assisting in this appeal concerning the lawfulness of the appellant’s arrest and detention.
- Duncan and Jokhan (Appellants) v Attorney General of Trinidad and Tobago (Respondent) (Trinidad and Tobago) [2021] UKPC 17: assisting in this appeal concerning whether there was a violation of the appellants’ rights under section 4(a) of the Constitution not to be deprived of liberty and security of the person except by due process of law.
Adam has a particular interest in legal developments in the Commonwealth Caribbean and has written articles for both the Jamaican Bar Association Journal as well as for the Commonwealth Lawyers Association Journal. He is also a member of the Commonwealth Lawyers’ Association Public and Administrative Law Committee, as well as the Association’s Human Rights and Rule of Law Committee.
