Tort law at Saint Helena, Ascension and Tristan da Cunha (BOT)
Tort law in Saint Helena, Ascension, and Tristan da Cunha—collectively known as the Saint Helena, Ascension and Tristan da Cunha (SHATC)—is primarily governed by English common law, as it stood before 2006, alongside local legislation enacted by each territory's legislature. This legal framework is administered through a unified judicial system that serves all three territories.
⚖️ Legal Framework
English Common Law: The territories adopt English common law as it existed prior to 2006, unless modified by local ordinances. This includes principles of tort law such as negligence, trespass, nuisance, and defamation.
Local Legislation: Each territory has its own legislature and can enact laws applicable within its jurisdiction. For instance, the Laws of Saint Helena, Ascension, and Tristan da Cunha are available on the official government website
Crown Proceedings Ordinance (Cap. 35): This ordinance outlines the procedures for suing the Crown and addresses the liability of the Crown in tort. It specifies that in proceedings against the Crown for the recovery of land or other property, the court may declare the plaintiff's entitlement to the land or property, rather than ordering its recovery or delivery .
🏛️ Judicial System
The judicial system in SHATC comprises four main courts:
Supreme Court: The highest court in the territory, with jurisdiction over civil and criminal matters.
Court of Appeal: Hears appeals from the Supreme Court.
Magistrates' Court: Handles less serious criminal cases and some civil matters.
Juvenile Court: Deals with cases involving minors.
The Supreme Court, along with the Court of Appeal, serves all three territories .
🧑⚖️ Legal Assistance
Public Solicitor's Office: Provides legal advice and representation to residents of Saint Helena. While there are no private practice lawyers on the island, the Public Solicitor's Office, supported by legally trained lay advocates, offers legal services to residents and represents them in court when appropriate .
Crown Counsel: In Ascension Island, legal matters are handled by Crown Counsel, who are the only qualified lawyers on the island. They work within a legal system that relies heavily on lay magistrates, lay advocates, and lay prosecutors .
📄 Accessing Legislation
The Revised Edition of the Laws, 2017 provides consolidated and updated versions of the laws for each territory. These laws are available on the official government website, which is maintained by the Attorney General of Saint Helena, Ascension, and Tristan da Cunha .
✅ Practical Considerations
Statute of Limitations: The time limits for bringing tort claims may vary depending on the specific circumstances and the nature of the claim. It is advisable to consult the relevant ordinances or seek legal advice to determine the applicable time frame.
Legal Representation: Given the reliance on lay advocates and the limited availability of private legal practitioners, individuals seeking legal representation should contact the Public Solicitor's Office or Crown Counsel, depending on their location within the territories.
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