High Court Judge Cecil McCarthy will hand down his decision on August 14 regarding the legal action brought by a retired public servant, requesting a reversal of Government’s debt restructuring programme.
Former school teacher Alvin Foster has sued the Minister of Finance, Prime Minister Mia Mottley and the Government, claiming they unilaterally and unlawfully changed the terms of his $250,000 Treasury Note investment contract to his detriment to give effect to the Debt Holder (Approval of Debt Restructuring) Act 2018.
Foster has also included in the suit for a judicial review, the Accountant General Dane Coppin as the first respondent, the Central Bank of Barbados as the second and the Attorney General Dale Marshall, the fourth.
But when the case came up before the judge this morning in the Number 10 High Court, attorney for the first, third and fourth respondents Roger Forde,QC asked Justice McCarthy to strike out the second as a party to the suit since no allegation has been made against it.
Forde has also urged the court to remove the others as well contending that the claimant’s action was ill-conceived.
Justice McCarthy said he will consider those two applications for his judgement after receiving written submissions from attorneys for the parties involved.
Attorney for the Central Bank Elson Gaskin and his colleague Forde agreed that the claimant’s application for a judicial review of the decision to change the investment contract did not meet the criteria for such and should more properly be filed as a civil action under contract law.
But attorney for the retired school teacher Guyson Mayers disagreed, contending there were sufficient grounds on which to hear the action.
The former public servant was in court this morning.