A legal breakthrough has been described as a “landmark victory” for Saints (as they are known from St Helena) following a successful challenge to controversial government legislation.
In a recent discussion involving legal experts from Hugh James Solicitors and the editor of the St Helena Independent, it was revealed that the St Helena Government (SHG) has been pressured to amend ordinances previously accused of obstructing access to justice for victims of clinical negligence.
The judicial review, which had been scheduled for a three-day hearing, was withdrawn after the Government capitulated at the last moment. According to Ruth Powell of Hugh James, SHG indicated during case management conferences that they would amend the legislation that was at the heart of the legal challenge. These amendments, passed on May 7th, essentially signify an admission that the previous laws passed by the last government in July 2023 were not lawful. This development is believed to be the first time in the island’s history that legislation has been successfully overturned through a judicial review.
However, the legal team from Hugh James has raised serious concerns regarding the Government’s immediate actions. Hours after the laws were changed, the Attorney General, Andrew Duncan, reportedly bypassed standard legal protocols by writing directly to individuals represented by Hugh James to offer settlement payments. Barrister Mark Willums described this move as highly unusual and potentially unethical, suggesting it may be a “typical defense tactic” designed to pressure claimants into settling for amounts before the full value of their claims is understood.
The core of the concern lies in the fact that these settlement offers are being made without the disclosure of medical records or the guidance of expert witnesses. Legal experts warn that because these are “once-and-for-all” settlements, any individual who accepts an offer now will be permanently barred from seeking further compensation or bringing future proceedings if their injuries prove to be more severe than initially thought. Claimants are being strongly urged to consult with their legal representatives before signing any agreements to ensure they are not being “bulldozed” into an undersettlement.
While the shift in the government’s position is a significant win for the Community, the legal team continues to push for a fair and transparent process. During the discussion Ruth Powell has invited SHG to return to the clinical negligence protocol suggested in September 2023, which would provide a more cost-effective and impartial way of resolving these long-standing claims.
In the meantime, local support remains available through Lina Knipe-Peters, the on Island representative Hugh James representative on St Helena, who is assisting residents with documentation and facilitating meetings for those without reliable internet access.