Huggins gets greenlight for judicial review of ECCB decision

Photo – Eastern Caribbean Central Bank

By: Erasmus Williams

962/2018

Charlestown, Nevis, November 5, 2018 – A request by Nevisian Kevin Huggins seeking a judicial review of a decision by the Eastern Caribbean Central Bank to declare him an “unfit and improper person to be a director of the Bank of Nevis, has been granted.

The ECCB had restrained Huggins from exercising the voting right on his shares and from acting as a proxy at the general meeting of Bank of Nevis Ltd in 2016. Huggins was also removed as a director of the Bank of Nevis.

After hearing arguments in the matter on November 10, 2017, Resident Judge, Her Ladyship Lorraine Williams held the view that Huggins has established an arguable case with a realistic prospect of success that the decision was unreasonable, irrational and illegal and had acted without delay in bringing proceedings against the ECCB.

“In the circumstances, I am driven to conclude that the application for leave to bring Judicial Review proceedings must be granted against the Action of the ECCB in its decision to declare that the Applicant failed to satisfy the fit and “proper criteria” of a Director. The prohibition on voting rights has been lifted by the ECCB and therefore leave to file Judicial review proceedings against that particular decision would be denied,” said Justice Williams.

Justice Williams in an October 24, 2018 decision, ordered that Leave is granted to Mr. Huggins to seek Judicial review of a decision of the ECCB to declare him an “unfit and improper” person to be a Director of the Bank of Nevis and against the decision of the ECCB to suspend him from his position as Director with the Bank of Nevis.

She also ordered that the first hearing of the matter shall be on a date to be fixed by the Registrar, that the Application for Judicial review must be filed and served by the Applicant within 14 days of the date of the Order and Costs.

Mr. Huggins was represented in the matter by John QC and with him, Midge Morton and Maurisha Robinson.
The ECCB was represented by Emile Ferdinand QC and with him, Garth Wilkin and Danni Maynard.