Newly appointed President of the Caribbean Court of Justice (CCJ), Justice Winston Anderson, has noted the increasing reliance on CCJ rulings by Caribbean nations that have yet to adopt the court as their final appellate body — even as they continue to send civil and criminal appeals to the UK Privy Council.
Speaking on Monday at a Special Sitting held at the CCJ’s headquarters, in Trinidad, to mark both his formal assumption of office and the start of the 2025–2026 court year, Justice Anderson described the trend as a significant but underappreciated development.
“CCJ decisions in the appellate jurisdiction are given favourable treatment and are increasingly being cited and relied upon by judiciaries in countries which have not yet acceded to the appellate jurisdiction,” he stated.
Citing recent research, Anderson noted that courts in these non-appellate countries have referenced CCJ rulings in at least 450 instances across key legal areas such as constitutional interpretation, criminal sentencing, commercial law, enforcement of foreign judgments, and more. He called it “an encouraging sign for the development of a body of jurisprudence applicable across the entire region.”
Since its establishment in 2005, the CCJ has served as both an original jurisdiction court — interpreting and applying the Revised Treaty of Chaguaramas — and, for five CARICOM countries, as the final appellate court. Those nations are Barbados, Belize, Dominica, Guyana, and Saint Lucia. While all 12 CARICOM members have signed on to the original jurisdiction, only these five have fully transitioned away from the Privy Council.
Justice Anderson emphasized the significant boost in access to justice provided by the CCJ. He presented data showing large increases in the number of appeals handled since countries switched from the Privy Council to the CCJ:
- Barbados: 19 appeals to the Privy Council in the 20 years before 2005, compared to 105 to the CCJ since — a rise of over 450%.
- Belize: 33 appeals to the Privy Council in the 15 years prior to joining in 2010, versus 56 appeals to the CCJ since — up by 69%.
- Dominica: From 3 appeals in the decade before joining in 2015, to 10 since — a 233% increase.
- Saint Lucia: 1 appeal in the two years before joining in 2023, to 5 in the two years after — up 400%.
“Guyana is the court’s largest or best consumer of appellate services,” he added, noting however that comparisons are difficult since Guyana abolished Privy Council appeals in 1970.
Based on current trends, Anderson estimated that full regional accession to the CCJ’s appellate jurisdiction would have resulted in nearly four times more rulings.
“Instead of 307 decisions, there would have been approximately 1,200 decisions. The opportunity cost of non-accession can therefore be measured in terms of reduced access to justice, which is also a denial of justice,” he argued. “Equally, there is a corresponding loss — the opportunity to fulfil the mandate of the CCJ agreement to develop a Caribbean jurisprudence that is responsive to all areas of Caribbean life.”
Since 2005, the CCJ has delivered 347 rulings — 40 in its original jurisdiction and 307 in its appellate jurisdiction — including one advisory opinion.
Looking to the future, Anderson committed to enhancing the court’s efficiency and transparency. He emphasized the need for continued delivery of “superior judgments,” saying the CCJ has already begun to shape how Caribbean people live and understand their rights, especially within the original jurisdiction.
“A sense of belonging to a community governed by law has begun to take shape in our region,” he said. “The greater work remains to be done in relation to the appellate jurisdiction.”
He expressed hope that citizens in countries yet to join the CCJ’s appellate arm would come to appreciate its value.
Justice Anderson, a Jamaican national, was officially sworn in as the court’s fourth president on July 6, 2025, during the 49th Regular Meeting of CARICOM Heads of Government, chaired by Prime Minister Andrew Holness in Montego Bay. He has served on the CCJ since 2010, when he became its first Jamaican judge and, at age 49, its youngest appointee.
Described at Monday’s event as “the quintessential Caribbean jurist,” Anderson was praised for his scholarly contributions and his embodiment of regional legal excellence.
Meanwhile, Jamaica — Anderson’s home country — remains under the jurisdiction of the UK Privy Council. The question of adopting the CCJ has become central to Jamaica’s constitutional reform process as the country considers transitioning to a republic. While the government favours replacing the Privy Council with a regional final court, the Opposition has withheld support for the proposed constitutional amendment, insisting that the issue of the final appellate court be settled first. A national referendum will ultimately decide the matter.
