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Maharaj v Attorney General of Trinidad and Tobago (No 2): PC 27 Feb 1978

(Trinidad and Tobago) The appellant barrister has been convicted of contempt. The Board had previously found the conviction improper because the basis of the complaint had not been made clear to him. The appellant now sought damages for his imprisonment.
Held: The Board referred to the risks of erroneous judicial decisions: ‘The fundamental human right is not to a legal system that is infallible but to one that is fair’. There was no right of appeal to the Court of Appeal from an order of a judge of the High Court finding a person guilty of contempt of court and ordering him to be punished for it.

Judges:

Diplock, Hailsham of St Marylebone, Salmon, Keith of Kinkell LL

Citations:

[1979] AC 385, [1978] UKPC 3, [1978] 2 All ER 670, [1978] Crim LR 355

Links:

Bailii

Citing:

See alsoMaharaj v Attorney General for Trinidad and Tobago PC 11-Oct-1976
A judge of the High Court had committed the barrister appellant to prison for seven days for contempt in the face of the court. The barrister was granted special leave to appeal to the Board against the committal order.
Held: Allowing the . .

Cited by:

CitedBoodhoo, Jagram, (suing on behalf of themselves and the Sanatan Dharma Sudhar Sadha) v The Attorney General of Trinidad and Tobago PC 1-Apr-2004
PC (Trinidad and Tobago) The complainant said that his constitutional rights had been infringed by the court’s delay. Proceedings had begun in 1987 for redress with regard to a land dispute. There was substantial . .
See alsoMaharaj v Attorney General for Trinidad and Tobago PC 11-Oct-1976
A judge of the High Court had committed the barrister appellant to prison for seven days for contempt in the face of the court. The barrister was granted special leave to appeal to the Board against the committal order.
Held: Allowing the . .
CitedThe Attorney General for St Christopher and Nevis v Rodionov PC 20-Jul-2004
(St. Christopher and Nevis) The government of Canada requested the extradition of the respondent. The Attorney General sought special leave to appeal against the order for his discharge from custody, which had been on the grounds of the prejudice . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Contempt of Court, Damages

Updated: 10 June 2022; Ref: scu.195702

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