Tom Poole KC appears for Attorney General of Trinidad and Tobago in Vincent Nelson KC appeal

Tom Poole KC has appeared on behalf of the Attorney General of Trinidad and Tobago in the Court of Appeal of Trinidad and Tobago in the high-profile appeal brought by Vincent Nelson KC arising out of an indemnity agreement entered into with the Government.

The appeal concerns Mr Nelson’s claim for substantial damages following the disclosure of a notarised statement he had provided to the Government as part of his cooperation in criminal investigations concerning alleged corruption and the payment of legal fees. Mr Nelson contends that the disclosure breached undertakings contained in the indemnity agreement and caused losses said to include substantial future loss of earnings from his practice at the Bar.

The appeal raises issues concerning the proper construction and scope of the indemnity agreement, causation and the recoverability of the losses claimed, informer privilege and public policy. The Attorney General also advances a cross-appeal concerning whether public policy precludes recovery of particular heads of loss arising from Mr Nelson’s admitted criminal conduct.

At the outset of the hearing, the Court of Appeal ruled that the proceedings should take place in public. Following oral argument, the Court reserved judgment.

Tom appeared for the Attorney General at the hearing. Robert Strang drafted the Attorney General’s written case.

Tom and Rob have extensive experience of litigation and appellate work in Trinidad and Tobago and across the Caribbean. Tom was called to the Bar of Trinidad and Tobago for the purposes of appearing in the appeal. The hearing has been reported in the Trinidad and Tobago press, including by the Trinidad Guardian.

Read the full article in the Trinidad Guardian here.