The lawyer for Doctors Express says they are seeking “significant” damages for a 2019 raid on the premises, which was found to be unlawful.
James Austin-Smith also addressed the issue of whether judicial review was the correct format for the judge to award damages.
“The modern case law, the preferred approach, is you can get damages from judicial review. Certainly you can under the Cayman Islands Constitution, where public officers act unlawfully, so we will be saying to the judge you should order damages in these proceedings,” Austin-Smith explained.
While he would not be drawn on a specific figure, the attorney listed the following financial considerations: damage to the medication, some of which had to be thrown away, loss of business, reputational damage and the cost of legal proceedings, which began in Sept. 2019.
A date for the hearing on damages has not yet been set; Doctors Express has also asked the Director of Public Prosecutions to determine if any criminal conduct might have occurred.
James Austin-Smith made the announcement during a press conference held on 15 Feb.