New Legislation Leaves 145 Saints in Legal Stalemate

More than 145 Saints seeking compensation for clinical negligence claims have been left in a “complete stalemate,” according to their legal team, Hugh James Solicitors. The situation stems from new ordinances passed by the St Helena Government (SHG) in July, which critics, including the island’s own Human Rights Commissioner, warn effectively block citizens from accessing independent justice.

The crisis has frozen all progress on the clinical negligence claims, leaving victims in legal limbo.

The three-year battle continues as the UK-based firm, Hugh James Solicitors, first became formally involved in representing Saints in the SurgiCo litigation three years ago, in November. Led by Ruth Powell, Head of Clinical Negligence, the firm has shown significant commitment, with partners visiting the island every four to five months to meet with clients.

The firm currently represents 145 clients who have filed new claims, in addition to one existing case they took over from the PSO.

Initially, progress looked promising. Two years ago, SHG announced a compensation scheme that was intended to be drafted and negotiated “at arm’s length” between SHG’s appointed solicitors and Hugh James.

However, in a recent discussion, Ms. Powell stated that this scheme “failed in about April 2024.

Following the compensation scheme’s collapse, Hugh James pursued the one existing court case as a “vehicle” to test the legal arguments and challenges on behalf of all their clients.

As they were in the process of appealing certain decisions in that case, the St Helena Government passed “various ordinances” in July, just days before the government was dissolved. According to Ms. Powell, this new legislation “legislated in relation to all the issues that we were seeking to appeal,” effectively “trumping” their legal challenges.

The impact of these new laws is devastating for Saints seeking legal help. Ms. Powell explained that the ordinances now, make it “extremely difficult” for any Saint to instruct independent legal representation, it also “Restricts their ability to enter into conditional fee agreements” the “no win, no fee” structure Hugh James was using, which protects clients from financial risk. It also limits the costs that are payable” to solicitors, making it “not commercially viable” for any qualified off-island firm to take on such complex cases.

“It leaves Saints without access to justice,” Ms. Powell stated in the interview, describing the move as a “double blow” to the victims first injured by the negligence, and now blocked from seeking justice by their own government.

In response, Hugh James has been left with only one option: they have filed for a judicial review of the new legislation itself.

Crucially, they are not alone. The St Helena Human Rights Commissioner has also applied for a judicial review of the exact same ordinances, citing “the massive impact that this is going to have on the human rights of Saints to access the courts.”

The legal team and the Human Rights Commissioner are now waiting to hear if the court will grant them permission (leave) for this review to proceed. Until a decision is made, all 145+ client cases remain frozen.

The full, complex history of this situation was detailed by Ruth Powell in a recent, in-depth interview on the “Coffee Corner Catch-up,” a program aired on Saint FM.

The interview provides a clear, step-by-step account of the failed compensation scheme, the new legislation, and the ongoing human rights challenge.

This article strongly encourages all residents to find and listen to this podcast to gain a full understanding of the issue, which Ms. Powell warns will “affect all Saints going forwards,” not just those involved in the current claims.

We also urge listeners to share the conversation with family and friends on and off the island. It is vital that the community is fully educated on thisl issue impacting access to justice for all Saints.