Judiciary of Barbados: Tribute to Justice Jefferson Cumberbatch

On Wednesday, January 17, the Judiciary of Barbados received the deeply wounding news of the passing of Justice of Appeal Jefferson O’Brien Cumberbatch. We were aware that he was battling a severe illness, but we continued to hope for an uneventful recovery and his return to his family and his judicial colleagues. It was not to be.

The news caused deep consternation among his colleagues. He was the first sitting judge to die whilst in office. That troubling reality ushered in deep introspection amongst many of us.

“Jeff,” as he was so affectionately known, had joined the local Court of Appeal in 2020. He was amongst the first batch of judges interviewed and recommended for appointment by the newly created Judicial Appointments Committee. His selection was an inspiring and daring choice. Whilst there could have been no reservations concerning his legal scholarship, there was the reality that he had spent significant time teaching at his alma mater, the University of the West Indies at Cave Hill Campus in the Faculty of Law. He joined the faculty in 1980, and in 1983, he was appointed Lecturer in law.

There was a view expressed that his experience did not embrace the rough and tumble of litigation practice. He was to prove these doubters wholly mistaken. On the Bench, as in the lecture room, he brought his considerable intellectual gifts to bear in analyzing facts and applying them through his refined mind to the law. He authored all the unfair dismissal decisions which came before the Court of Appeal. His writing was clear, and his choice of language felicitous. He expounded on the guiding principles with ease and acuity. Whenever he felt he could not support his colleagues, he did not shy away from dissenting, a tribute to his robustness and independence of spirit. Yet, given his innate charm and congeniality, one never sensed that his dissents were other than honestly held views.

He has left us with a huge void in the Court of Appeal. In our quiet moments of banter, it was a joy to experience this master of the King’s English as he displayed unrivaled dexterity in the subtleties of the English language, much to our amusement. He was warm, kind-spirited, unpretentious, and exceptionally collegial. He was always keen and ready to offer assistance to fellow judges whenever needed. He was unfailingly polite, kind and sensitive to staff. Elegance and refinement in manners were his hallmark.

In his many years as a teacher, many sat at his feet in contract law. The constant refrain one encounters when inquiring of his pedagogy is ‘he was simply one of the best teachers I had at Cave Hill.’ He was known to be a dapper dresser, well-buffed and devastatingly effective in the lecture room. He was also notoriously stingy in his marking. You had to earn your As and B+s. He has left a huge imprint on generations of students, many of whom have attained high office. He had, by dint of hard work and discipline, earned the warm regard of his charges.

Whilst at Cave Hill, Jeff progressed in 1993 to Senior Lecturer, a position he held until his elevation to the Court of Appeal. He was also Deputy Dean and Head of Teaching between 1994 to 1996 and Deputy Dean from 1996 to 2005 and from 2013 to 2017.

Beyond the academic halls, Jeff’s talents were sought and utilized to the benefit of his country and the wider region in the following public assignments:

1. Initially, he was Deputy Chairman of the Anti-Money Laundering Authority. He later became Chairman from 2000 to 2018.
2. He was the Deputy Chair of the Consumer Claims Tribunal and subsequently Chairman from 2009 to 2018.
3. Member of the Regional Judicial Legal Services Commission from 2009 to 2013.
4. Chairman of the Fair-Trading Commission from July 2015 to June 2018.
5. Member of the Law Reform Commission from inception to present.

Apart from his legal teaching and writing, Jeff also wrote a weekly column in the Sunday Advocate styled “Musings.” His scholarship, deep commitment to public service, his truncated journey in the Court of Appeal, and charm and wit will all be sorely missed. His has been a life shortened too early. There was so much more on offer. Sincerest condolences are extended to his wife, Marcia, his children, his family and extended family and friends.

Rest in peace, brother “Jeff.”

Sir Patterson Cheltenham K.A. — Chief Justice of Barbados