Log In

Reset Password
BERMUDA | RSS PODCAST

Chambers judgments set to be made public by Supreme Court

Decisions made by Supreme Court judges while ?in chambers? and outside the open arena of a courtroom will now be published so they form part of the library of legal matters that can be researched and referenced by lawyers and other legal professionals in future court cases.

In Bermuda the practice of publishing judgments and rulings of the Supreme Court when they are made outside the courtroom, referred to as ?in chambers?, has been surrounded in a degree of uncertainty, with some judges allowing their out-of-courtroom decisions to be published while others have not.

To remove the uncertainty and make it common practice to publish all judgments, except with a few identified exceptions, Chief Justice Richard Ground has issued a circular to clarify what should now happen.

?There has been uncertainty concerning the status of rulings given in chambers. No one has been clear if they are in the public domain,? said Mr. Justice Ground.

?Sometimes chambers judgements will make points of law and changes to the law and these need to be put on the Law Report website and in the library and registry.?

In the past some judgments and rulings did not ?go on the books? despite their value to others involved in future court cases who may seek reference to precedents and decisions made in the past to strengthen their legal arguments.

Mr. Justice Ground said the circular was a form of housekeeping clarification.

In future judgments and rulings should be identified as to whether they have been made in chambers or in the Supreme Court and, subject to certain provisions, copies may go in the books of considered judgements maintained in the Supreme Court and accurate texts may be published.

However, judgments can remain unpublished or only published in an edited form if it is necessary to do so in the interests of justice, public morality, the welfare of a person under the age of 18, the protection of private lives, commercial confidentiality or for defence, public safety or public order reasons.