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<span style='font-size: 14pt'><span style='font-family: Arial Black'>Privy Council rules in favour of the Govt on Toll road issue</span> </span>
Monday, 03 December 2007
The United Kingdom Privy Council has ruled in favour of the government in its long-standing battle over the Portmore Toll Road.
The much anticipated ruling was handed down Monday.
In the long standing battle which has sparked much controversy, the lawyers for a group of Portmore residents had argued that the imposition of the toll on the Portmore Causeway breached sections 13 and 18 of the Constitution.
They had contended that the construction of the Toll road denied Portmore residents free access to their homes and properties as outlined under the constitution.
But this argument did not find favour with the five Law Lords.
In a 12 page ruling, the Law Lords argued that they cannot see how the imposition of a toll for the use of the new road could constitute taking possession of any property.
They further argued that they cannot see how the toll road robbed the residents of the enjoyment of their property.
The Law Lords further contended that attorney Oswald James, who represented the group, failed to establish that the construction of the new road and the charging of a toll for its use constituted a taking or acquisition of any proprietary right.
The ruling has been welcomed by acting Solicitor General Patrick Foster.
He said the government was always confident of victory.
He said the Privy Council's decision was consistent with the decision made by both the Court of Appeal and the Supreme Court.
He added that the decision confirms the government's argument that the construction of the Toll road did not affect or violate any of the constitutional rights of residents.
Monday, 03 December 2007
The United Kingdom Privy Council has ruled in favour of the government in its long-standing battle over the Portmore Toll Road.
The much anticipated ruling was handed down Monday.
In the long standing battle which has sparked much controversy, the lawyers for a group of Portmore residents had argued that the imposition of the toll on the Portmore Causeway breached sections 13 and 18 of the Constitution.
They had contended that the construction of the Toll road denied Portmore residents free access to their homes and properties as outlined under the constitution.
But this argument did not find favour with the five Law Lords.
In a 12 page ruling, the Law Lords argued that they cannot see how the imposition of a toll for the use of the new road could constitute taking possession of any property.
They further argued that they cannot see how the toll road robbed the residents of the enjoyment of their property.
The Law Lords further contended that attorney Oswald James, who represented the group, failed to establish that the construction of the new road and the charging of a toll for its use constituted a taking or acquisition of any proprietary right.
The ruling has been welcomed by acting Solicitor General Patrick Foster.
He said the government was always confident of victory.
He said the Privy Council's decision was consistent with the decision made by both the Court of Appeal and the Supreme Court.
He added that the decision confirms the government's argument that the construction of the Toll road did not affect or violate any of the constitutional rights of residents.
