Marshall and Others v Deputy Governor of Bermuda and Others: PC 24 May 2010


(Bermuda) The claimants challenged their recruitment by conscription to the Bermuda Regiment on several different grounds. The issues now were whether conscription was lawful only where volunters were insufficient, and whether the acceptance of woment should be considered before conscription was applied.
Held: The appeals failed. The Regiment did accept women volunteers. The statute requiring non-discrimination should not be read to treat the offer of employment as a detriment. It had already been found as a fact twice that the Governor had taken reasonable steps to recruit volunteers, and the Board would not normally provide a third consideration of a factual issue, but the claimant said that these decisions had been made against a lack of candour by the respondent with the courts. In these circumstances where a review had not called for any action from the respondent, the duty of candour would not be created unless the claimant had satisfied its own evidential burden. The duty of candour could not be used to transfer the burden of proof where a claimant could itself satisfy that duty.

Lord Phillips, Lord Saville, Lady Hale, Lord Brown, Lord Mance
[2010] UKPC 9, [2010] WLR (D) 133
Bailii, WLRD
CitedMinister of Home Affairs v Fisher PC 1979
Respect must be paid to the language which has been used in a constitutional statute and to the traditions and usages which have given meaning to that language. It is quite consistent with this, and with the recognition that rules of interpretation . .
CitedReyes v The Queen PC 11-Mar-2002
(Belize) The Criminal Code of Belize provided that any murder by shooting was to be treated as Class A Murder, and be subject to the mandatory death penalty. The applicant having been convicted, appealed saying this was inhuman or degrading . .
CitedRegina v Lancashire County Council ex parte Huddleston CA 1986
The respondent council had failed to allocate a university student grant to the claimant and the principle was directed at the duty of that authority to state clearly the reasons for its refusal and the particular factors that had been taken into . .
CitedSrimati Bibhabati Devi v Kumar Ramendra Narayan Roy and Others PC 30-Jul-1946
(Bengal) The appellant sought to claim a substantial inheritance. From many years before it had been thought that he had been buried after dying of syphilis. He claimed he had been resuscitated, taken away and brought up by sanyasi. His identity . .
CitedThe Prime Minister of Belize, The Attorney General of Belize v Vellos, Dawson and Others PC 24-Mar-2010
(Belize) Challenge was made to an Act removing certain constititutional rights which Act was passed without a referendum. The Act amending the constitution to require further amendments to follow a referendum did not itself follow the constitutional . .
CitedRegina v Civil Service Appeal Board, Ex parte Cunningham CA 1991
The court considered the effect of a disciplinary board failing to give reasons. The absence of any right to appeal may be a factor in deciding that reasons should be given. If it is ‘important that there should be an effective means of detecting . .
CitedThompson Ltd and Another v The Bermuda Dental Board PC 9-Jun-2008
(Bermuda) . .
CitedDirector of Public Prosecutions v Hurnam PC 25-Apr-2007
(Mauritius) The Board will not consider a challenge to a finding of fact which has already been tested in two courts below. . .
CitedPilar Aida Rojas v Brian Berllaque PC 10-Nov-2003
PC (Gibraltar) The system of selecting a criminal jury obliged men to be available for selection, but women could choose not to be on the role of jurors. The result was that jury lists and juries were almost . .

Lists of cited by and citing cases may be incomplete.

Commonwealth, Armed Forces

Updated: 31 October 2021; Ref: scu.416032