Report of The Tribunal to The Governor of The Cayman Islands - Madam Justice Levers (Judge of The Grand Court of The Cayman Islands)

Report of The Tribunal to The Governor of The Cayman Islands - Madam Justice Levers (Judge of The Grand Court of The Cayman Islands)

The Board found that Madam Justice Levers engaged in a pattern of conduct, both in and out of court, that constituted serious misbehaviour, including racist and derogatory remarks, inappropriate criticism of colleagues, and reckless complaints against counsel, which cumulatively undermined confidence in the judiciary and justified her removal. The procedures followed by the Governor and Tribunal were fair and did not breach natural justice; the Tribunal acted within its remit. The Board advised that she should be removed from office.

Citation
[2010] UKPC 24
Parties
Applicant/judge Under Investigation: Madam Justice Levers; Respondent/referring Authority: The Governor of the Cayman Islands (HE Stuart Jack CVO)
Jurisdiction
United Kingdom
Judgment Date
29 July 2010
Procedural Posture
Judicial Disciplinary/removal Proceedings / Appeal/advisory Opinion to the Privy Council Following Tribunal Report
Outcome
Removal from judicial office advised; Tribunal's report upheld; procedural challenges dismissed.
Legal Topics
Removal of Judges, Natural Justice, Misbehaviour in Office, Procedural Fairness, Judicial Conduct Standards
Constitutional Law Judicial Discipline Removal of Judges Natural Justice Misbehaviour in Office Procedural Fairness Judicial Conduct Standards

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Parties

Madam Justice Levers

Applicant/judge Under Investigation

The Governor of the Cayman Islands (HE Stuart Jack CVO)

Respondent/referring Authority

Procedural Posture

Judicial Disciplinary/removal Proceedings / Appeal/advisory Opinion to the Privy Council Following Tribunal Report

Legal Issues

  1. 1 Whether Madam Justice Levers was guilty of misbehaviour justifying removal from office as a judge of the Grand Court of the Cayman Islands
  2. 2 Whether the procedures leading to the Tribunal's appointment and its conduct breached principles of natural justice or procedural fairness
  3. 3 Whether the Tribunal exceeded its remit or acted unlawfully in its findings and recommendations

Ratio Decidendi

The Board found that Madam Justice Levers engaged in a pattern of conduct, both in and out of court, that constituted serious misbehaviour, including racist and derogatory remarks, inappropriate criticism of colleagues, and reckless complaints against counsel, which cumulatively undermined confidence in the judiciary and justified her removal. The procedures followed by the Governor and Tribunal were fair and did not breach natural justice; the Tribunal acted within its remit. The Board advised that she should be removed from office.

Court Disposition

Removal from judicial office advised; Tribunal's report upheld; procedural challenges dismissed.

Orders

  • Advise Her Majesty that Madam Justice Levers should be removed from office as a Judge of the Grand Court of the Cayman Islands for misbehaviour.
  • Dismiss all public law and procedural challenges to the Tribunal's report and appointment.