CCJ rejects claim by Trinidadian against the State
The Caribbean Court of Justice (CCJ) has dismissed an application by a Trinidadian man seeking permission to commence proceedings against his country in relation to a financial matter.
The CCJ delivered its written reasons on Thursday following its oral decision on October 7, 2025 to dismiss the application after a contested hearing conducted via video-conference.
The palintiff, Mike Daniel Bhagwansingh, had sought special leave to challenge the requirement under Trinidad and Tobago’s Financial Institutions Act (FIA) that individuals must obtain a licence from the Central Bank before conducting banking business.
He argued that this licensing requirement amounted to a discriminatory restriction that breaches his right to provide financial services under the Revised Treaty of Chaguaramas (RTC).
In its judgment, the CCJ relied on the basic principle that under the RTC, member states — and in limited circumstances, their nationals — may bring claims against another member state.
The court held that Bhagwansingh had failed to satisfy the threshold for the grant of special leave as the proposed claim lacked any cross border (country and other country) element.
The CCJ also reaffirmed that the RTC does not grant nationals a right to provide financial and any other services within their own country and as such activities remain governed exclusively by domestic law.
The court dismissed the application for special leave and awarded costs to the State of Trinidad and Tobago.