Serret vs Attorney General (Civil Suit No. 158 of 2012) [2013] SCSC 54 (6 May 2013)

Serret vs Attorney General (Civil Suit No. 158 of 2012) [2013] SCSC 54 (6 May 2013)

Article 19(3) of the Constitution provides a cause of action for compensation against the State in cases of miscarriage of justice, and judicial immunity does not bar such a claim. The plaintiff's plaint discloses an arguable case and should not be struck out at this stage.

Citation
[2013] SCSC 54
Parties
Plaintiff: Marjoire Serret; Defendant: Attorney General
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
6 May 2013
Case Number
Civil Suit No. 158 of 2012
Procedural Posture
Civil Suit / Ruling on Preliminary Objections
Outcome
preliminary objections dismissed; matter referred to Constitutional Court
Legal Topics
Judicial Immunity, Compensation for Miscarriage of Justice, Right to Fair Trial, Government Liability
Source Language
English
Constitutional Law Civil Procedure Tort Law Judicial Immunity Compensation for Miscarriage of Justice Right to Fair Trial Government Liability

Case Brief

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Parties

Marjoire Serret

Plaintiff

Attorney General

Defendant

Procedural Posture

Civil Suit / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether a person can claim damages against the government for judicial tort or constitutional infraction by the judiciary other than by appeal
  2. 2 Whether the Attorney General is a proper defendant for actions against the judiciary
  3. 3 Whether judicial immunity bars such claims

Ratio Decidendi

Article 19(3) of the Constitution provides a cause of action for compensation against the State in cases of miscarriage of justice, and judicial immunity does not bar such a claim. The plaintiff's plaint discloses an arguable case and should not be struck out at this stage.

Court Disposition

preliminary objections dismissed; matter referred to Constitutional Court

Orders

  • Objections of the Attorney General dismissed
  • Matter referred to the Constitutional Court to determine entitlement and quantum of compensation under Article 19(3) of the Constitution