22nd Mar 2018


An Appeal frm the Court of Appeal of the Republic of Trinidad and Tobago in which Thomas Roe QC acted for the Respondent.

Lord Hodge:

“This appeal concerns the assessment of compensatory damages arising out of a constitutional case brought by Central Broadcasting Services Ltd (“CBSL”) and the Sanatan Dharma Maha Sabha Incorporated (“the SDMS”) (together “the appellants”) against the Attorney General of Trinidad and Tobago (“the Attorney General”). The SDMS is a religious and cultural organisation which, among other things, runs schools focussing on the large Hindu population in Trinidad and Tobago. In December 1999 the SDMS applied for a radio broadcasting licence to establish a Hindu radio station. In August 2000 the SDMS incorporated CBSL, which in September 2000 also applied for a radio broadcasting licence for that purpose. The Government failed to issue a licence to CBSL, notwithstanding a positive recommendation from the Director of the Telecommunications Division of the relevant ministry in October 2000, and granted a licence to another applicant which had first applied at later date. In August 2002 CBSL and the SDMS raised a constitutional challenge against the Attorney General, who was the appropriate representative of the State for that purpose under section 76(2) of the Constitution of the Republic of Trinidad and Tobago 1976 (“the Constitution”).”

Click here for the full judgment.


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