Landmark oil case from Guyana highlighted in CCJ 2023/2024 Annual Report

July 29 2025

Guyana emerged as a central figure in the Caribbean Court of Justice (CCJ) 2023/2024 Annual Report, released on Friday. The report noted a four percent increase in new filings over the past year, with Guyana accounting for six of the 26 appellate matters.

This placed it alongside Belize and just behind Barbados, which filed nine. Saint Lucia and Dominica followed with four and one filings respectively. The new cases were evenly split between criminal and civil matters.

One of the most significant cases highlighted was Ramon Gaskin v Minister of Natural Resources and Others [2024] CCJ 14 (AJ) GY, an appeal from Guyana that raised complex questions about environmental regulation in the oil and gas sector. The case marked the Court’s first substantive examination of Guyana’s Petroleum Act.

Gaskin challenged the issuance of a Petroleum Production Licence (PPL) granted to ExxonMobil Guyana Limited, CNOOC Petroleum Guyana Limited, and Hess Guyana Exploration Limited.

He argued that each company in the joint venture extracting oil from the Stabroek Block should have obtained individual environmental permits before the licence was issued.

The High Court of Guyana dismissed the case after taking 366 days to deliver its judgment. The Court of Appeal later upheld the decision, finding that the permit tied to the Liza 1 project was sufficient and that Exxon, as the sole operator, could meet all environmental obligations.

The CCJ, in a judgment delivered by Justice Winston Anderson, now President of the Court, upheld the lower courts’ decisions. The Court reaffirmed that environmental authorisation must be granted before a PPL is issued, but concluded that Exxon’s permit fulfilled that requirement.

It noted that as sole operator, Exxon was subject to environmental responsibilities, which extended to CNOOC and Hess through joint and several liability.

The ruling outlined four key reasons why the licence remained valid: the legal requirements were satisfied with Exxon’s permit; the arrangement aligned with oil industry practices; joint and several liability applied among the companies; and there was no increased risk of environmental harm from including CNOOC and Hess in the licence. Justice Anderson concluded that the Minister of Natural Resources acted within the law.

The Annual Report also provided operational insights. Between August 1, 2023 and July 31, 2024, the Court held 45 sittings, which included 25 hearings, six case management conferences, and 14 judgment deliveries. Virtual hearings made up 80 percent of all sittings, with hybrid and in-person sessions accounting for the rest.

The CCJ’s Appellate Jurisdiction remained more active than its Original Jurisdiction, which received only one new matter from Trinidad and Tobago. Dominica, which had filed two original jurisdiction matters in the previous year, filed none this time.

The Court reported strong performance metrics. Around 58 percent of matters were resolved within six months of filing, and 97 percent within one year. Only one case exceeded this timeframe.

The Court achieved a clearance rate of 127 percent, resolving more cases than it received. By the end of the court year, just 10 cases remained pending, all less than a year old.

Under the theme “Advancing Access to Justice… Refining and Innovating for Impact,” the report emphasized the Court’s ongoing commitment to efficiency and innovation.

Justice Adrian Saunders, immediate past president of the CCJ, affirmed this mission, stating that the Court’s determination to expand access and embrace innovation would never be diminished.

The CCJ inaugurated on April 16, 2005, in Port of Spain, Trinidad and Tobago, functions with a bench of six judges led by President Justice Winston Anderson.

The Court operates with dual authority: its Original Jurisdiction handles disputes under the Revised Treaty of Chaguaramas (RTC), which governs CARICOM and the CSME, allowing access to all 12 CSME member states.

In its Appellate Jurisdiction, the CCJ serves as the final court of appeal for criminal and civil cases in Barbados, Belize, Dominica, Guyana, and Saint Lucia. Member States have shown intent to adopt the CCJ fully.