Caribbean Utilities Company Ltd (“CUC”) has won its claim for judicial review of the Cayman Islands Ombudsman and obtained the quashing of the Ombudsman’s direction that the regulator must release confidential studies submitted by CUC on the cost of diesel-powered electricity generation and solar power. The Grand Court (Asif J) held that the Ombudsman’s decision was procedurally unfair and based on material errors of fact. The Court also held that the studies were property within the meaning of section 15 of the Constitution and could not be interfered with unless compensation was paid.
Chris Buttler KC acted for CUC, instructed by Andrew Jackson and Zuhair Farouki at Appleby.
The judgment can be found here.