Judicial Review launched in St Helena

1 October 2025 – For Immediate Release

St Helena’s Access to Justice Under Threat: EHRC Launches Legal Challenge to Civil (Costs) Ordinance

Today, the St Helena Equality and Human Rights Commission (EHRC) has initiated landmark judicial review proceedings in the St Helena Supreme Court against recently enacted legislation.

Recently enacted legislation, the Civil (Costs) Ordinance 2025, implemented sweeping changes to the ability for litigants to recover their legal costs in litigation on the Island. These provisions strike at the very core of access to justice.

In response, the EHRC has taken the unprecedented step of formally applying to the Supreme Court of St Helena for a judicial review of the Ordinance. This legal challenge is a vital step in defending the rights of all residents and upholding the principles of fairness, dignity, and equality.

The Commission is proud to be represented by a distinguished legal team including Darragh Mackin (Solicitor, Phoenix Law) and Counsel Naomi Hart (Essex Court Chambers) and Clíodhna Kelleher (Monckton Chambers).

Catherine Turner, CEO and Commissioner of EHRC said:

“The new rules make it virtually impossible for ordinary residents to secure adequate legal representation, undermining their ability to pursue or defend their rights in court.

EHRC believes these changes amount to an unacceptable interference with the constitutional guarantee of a fair trial, a cornerstone of St Helena’s legal and democratic framework.

We extend our heartfelt thanks to these exceptional lawyers for their dedication, expertise, and unwavering commitment to the people of St Helena.”

Notes to Editor:

On 1 July 2025, the Civil (Costs) Ordinance 2025 came into force on St Helena.

The judicial review seeks to argue that the offending provisions are incompatible with the right to a fair trial and access to justice as protected by the constitution of St Helena.