Frivolous’ legal cases draining judicial resources – AG says ; urges courts to take proactive stance
ATTORNEY-GENERAL and Minister of Legal Affairs, Anil Nandlall, SC., has raised serious concerns over the increasing number of “frivolous and vexatious” legal cases being filed against the state and has called on the courts to award appropriate costs when dismissing such matters, which, according to him, are wasting valuable judicial resources.
Chief Justice (ag) Roxane George recently threw out a case filed by three women activists against the Environmental Protection Agency (EPA), which sought to halt the flaring of gas offshore by ExxonMobil.
She found that the application lacked evidence and merit and was one of several cases brought by litigants with similar intentions. The respondents were ordered to pay EPA $150,000 in costs
In a recent address during his weekly Facebook programme, “Issues in the News,” Nandlall highlighted that these cases often lack merit and consume valuable judicial resources, both in terms of time and finances.
He expressed his deep concern about individuals filing abusive cases that, in the end, prove to be without merit. Despite this, the courts do not consistently order appropriate costs against the litigants even though considerable expenses are incurred by the state and other parties involved.
In her ruling, Chief Justice George meticulously examined the evidence presented in the case. In her ruling, she emphasised that the applicants had failed to adequately substantiate their claims.
She noted that the evidence provided was confusing and primarily comprised opinions, either from the applicants themselves or from their legal representatives.
The court also acknowledged that, during the course of the proceedings, the applicants had abandoned several requested reliefs due to a lack of evidence.
“These litigants go on the internet, they pull down a whole set of information about the environment, pages and pages of documents, half of which are irrelevant and 99 per cent of which are inadmissible as evidence because the maker of those documents is not before the court,” Nandlall remarked during his programme.
Commenting on the case, the AG stated that the courts need to take a more proactive stance in discouraging frivolous litigation by awarding appropriate orders for costs when dismissing such cases. The state was awarded only $150,000 in costs despite a lengthy and resource-intensive legal battle.
Meanwhile, in another case, High Court Judge, Priya Sewnarine-Beharry, dismissed a challenge to the environmental permit granted to the gas-to-energy project, ruling that “no good to the public” can be done by granting its relief. In that case, no order has been made as to costs.
The permit was issued by the EPA to ExxonMobil Guyana (Esso Exploration and Production Guyana Limited- EEPGL) for the project and associated activities. The challenge was by Vanda Radzik and Elizabeth Hughes.
In her ruling, Justice Sewnarine-Beharry found that the applicants had not cogently articulated what real or substantial public wrong occurred to them or the wide Guyanese populace upon the grant of the environmental permit facility, which would justify quashing the decision of the EPA.
Nandlall stressed that while public-spirited citizens have a duty to discharge in pursuing legal cases, these cases must be just and not frivolous. As such, he urged the courts to send a clear signal that frivolous litigation will not be tolerated and that the costs associated with such cases should be borne by those responsible.
“We have an overworked judicial system that is nationally recognised. We have people with genuine cases involving their properties, freedoms, and families. Cases that put people’s lives on hold, and those cases remain languishing in the system,” Nandlall lamented.
Against this backdrop, he stressed the importance of a balanced approach to litigation, where genuine cases are heard without impediment, and frivolous cases are discouraged through appropriate legal measures.
Nandlall said that his concerns were not unfounded, as Guyana had recently witnessed several legal challenges against state agencies and environmental permits. In some instances, he said, these challenges had been dismissed as lacking merit, while in others, substantial costs had been awarded to the respondents.
“I believe that these cases are of the same mould but all I am asking for is that when these cases are dismissed, the court must express [its] displeasure. It must send a message that it will not allow its processes to be used in this frivolous manner. It costs a lot of money to hear and determine one of these cases,” the AG stressed.
He concluded by calling for a more judicious use of the legal system which reflects the broader issue of judicial efficiency and responsible legal resource management in Guyana.
