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“VINDICTIVENESS AND HEAVY-HANDEDNESS HAVE BEEN PROVED”: HIGH COURT RULES PETRONA THOMAS TRANSFER UNLAWFUL AND IRRATIONAL, AWARDS EC$10,000 IN VINDICATORY DAMAGES
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Times Caribbean Online
It found that Thomas’ transfer was wrongful, unlawful, irrational, procedurally irregular, unfair, in breach of natural justice and void and of no effect.
Justice Gill also found that the cumulative defects surrounding the transfer crossed the high legal threshold required for a finding of irrationality.
COURT AWARDS EC$10,000 IN VINDICATORY DAMAGESThe High Court awarded Thomas EC$10,000 in vindicatory damages.
Importantly, even while refusing that exceptional form of damages, Justice Gill again described the defendants’ actions as “procedurally irregular and heavy-handed.”
A JUDGMENT WITH CONSEQUENCES BEYOND ONE CASEThe wider implications of the Thomas judgment are difficult to ignore.