Former Attorney General Phil Perinchief has lost his Court of Appeal battle over the selection of British lawyer Barrie McKay as Solicitor General.

However, the appeal judges suggested he could still pursue a claim for damages over what he views as an unlawful appointment by other means.

Mr. Perinchief, 65, was appointed as Attorney General in October 2006 by Premier Ewart Brown. He lost the job in a Cabinet reshuffle in December 2007.

The Solicitor General position was advertised by the Ministry of Justice with a closing date of September 12, 2007, but according to the Court of Appeal, it appears Mr. Perinchief did not apply until after that date, "presumably after he had ceased being Attorney General".

He was interviewed in January 2008, but informed in April of that year that his application was denied. His understanding was that he was the only Bermudian among the eight applicants shortlisted for the position.

The Solicitor General works under the policy direction of the politically-appointed Attorney General, and is responsible for the management and implementation of civil litigation and the provision of legal advisory services in the Attorney General's Chambers.

Mr. McKay was appointed to the position on the recommendation of the Governor in May 2008. In December 2008, Mr. Perinchief applied for a judicial review, arguing that he was denied the position for political reasons.

He did not seek to quash the Governor's decision to appoint Mr. McKay as Solicitor General but sought declarations that would result in an award for damages over what he believed was an unlawful appointment.

However, Mr. Perinchief's application for a judicial review was denied by a Supreme Court judge in February 2009 on the basis that he should have applied within six months, but did not do so until later.

In a subsequent appeal to the Court of Appeal in June, Mr. Perinchief's lawyer Delroy Duncan argued that his application could not have started sooner because he was unaware the position had been filled.

Commenting on the heart of Mr. Perinchief's complaint that Mr. McKay was unlawfully appointed over him as the only Bermudian applicant, Mr. Duncan told the court: "If the Bermudian is fit to be employed, then he should be employed."

He further argued that Supreme Court Judge Geoffrey Bell failed to properly balance the merits of extending the time limit on requesting judicial review, including the strength of the claim and the public interest.

However Court of Appeal Judge Sir Robin Auld criticised Mr. Perinchief's failure to follow up on the filling of the position after his rejection, arguing that promptness is key in judicial review.

He and fellow appeal judges Sir Austin Ward and Justice Edward Zacca dismissed Mr. Perinchief's appeal on Friday November 13, commenting: "Having regard to the circumstances of the application, we are of the view that this is an application which should have been made promptly."

They noted that Mr. Perinchief was seeking damages and remarked: "In the circumstances, if the appellant wishes to proceed with his claim for damages, he should do so by writ."

They noted: "His claim is primarily a claim for damages in negligence and misfeasance." They suggested that "proceeding by writ would be the more convenient course".

Mr. Perinchief was ordered to pay the costs of the respondents in his court action the Public Service Commission, the Governor and the Attorney General. The amount of the costs was not detailed in the ruling.

Mr. Pernichief could not be reached for comment.