Judiciary News and Current Issues

 

1. On Thursday 27 February 2025, The Right Honourable Lord Patrick Stewart Hodge, Deputy President of the Supreme Court of the United Kingdom delivered a lecture on ‘The Work of the Judicial Committee of the Privy Council’.

2. The event commenced with welcoming remarks by the Acting Chief Registrar Hajah Hazarena binti POKSJ DP Haji Hurairah where she spoke on Brunei Darussalam retaining its relationship with the Judicial Committee of the Privy Council (JCPC) as the final court of appeal for civil cases. She expressed recognition of the JCPC’s role as a source of international legal standards while also highlighting Brunei Darussalam’s wish to develop a legal system that “respects our local context while leveraging the wisdom and precedents set by the JCPC.”

3. In maintaining Brunei Darussalam’s ties with the JCPC, the Acting Chief Registrar said that “as a small jurisdiction, having access to the JCPC ensures that our legal systems can benchmark against globally recognized standards, enhancing the legitimacy of our courts and judgments.” She added that “the precedent set by decisions made in the JCPC carries weight, guiding our courts in their interpretations of law.”

4. At the lecture, Lord Hodge explained that the arrangements with the JCPC derived from an exchange of notes on 27 June 1989, which resulted in the JCPC having jurisdiction to hear appeals in civil cases where parties to the proceedings, before the hearing of the case by the Court of Appeal, have consented in writing to be bound by an appeal to the JCPC. These arrangements excluded the JCPC from having jurisdiction over hearing criminal and constitutional matters and were in keeping with Brunei Darussalam’s independent status, while still maintaining its connection with the UK Supreme Court.