A judge has launched a civil action against Larry Mussenden, the Chief Justice of Bermuda.

Puisne Judge Nicole Stoneham is suing on a number of issues regarding her work as well as sick leave, and is seeking damages along with a judicial review.

She has declared that her contract of employment is void, that it is unconstitutional and that decisions against her are unlawful and unconstitutional. She is also bidding to stop her pay being deducted.

Mrs Justice Stoneham is represented by solicitor Victoria Greening, who argued for a judicial review to challenge the Chief Justice’s decisions.

They include inviting her to use vacation leave or have her pay deducted, and instructing the Acting Registrar to have cuts applied to her pay.

The civil case was heard this week at the Supreme Court, with Ben Adamson acting for the Chief Justice.

Ms Greening told Judge Hugh Southey, KC, Assistant Justice of the Supreme Court, that judges were not public officers, and therefore should be treated differently.

She argued that, under the terms of the Bermuda Constitution, the conditions imposed on her client’s contract could not be applied.

Ms Greening said: “We say they were unenforceable and, most importantly, unconstitutional.”

She referred to wording of how judges were to be treated and pointed out: “There are three words at the start. They are ‘unless otherwise directed’ — so, unless otherwise directed by the Chief Justice.

“So it shows there is a need to separate [judges from public officers].”

Ms Greening maintained that the Chief Justice had chosen not to exercise his allowed discretion to “direct something other than in this case”.

Ms Greening insisted: “Judges are not public officers. Judges have no power to speak, participate or negotiate for change or strike.”

Additionally, Mrs Justice Stoneham is battling against the Chief Justice in a dispute over sick leave entitlement.

She has been on medical leave for extended spells from April 29, 2025 until the present, supported by medical certificates.

However, Mrs Justice Stoneham was told in a letter from the Chief Justice that she was entitled to 70 days’ paid sick leave, and had exceeded the entitlement by 36 days.

She was advised that she had 39 days outstanding annual leave, and was invited to use 36 of them to cover the excess sick days — or, if she declined, the period of absence would be unpaid.

Mrs Justice Stoneham notified the Chief Justice of her intention to apply for a judicial review challenging the decisions.

Mr Adamson, in his submission, told the court: “In relation to these charges, I would ask your lordship to dismiss them.”

Judgment in this case has been reserved. Mrs Justice Stoneham was cleared by a tribunal of misconduct in May 2025.

She had been suspended while the case was sent for decision by the panel members. Government House said at the time of the tribunal report’s publication that it had reached “a clear conclusion”.

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