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75-YEAR-OLD RESPECTED BANKING PROFESSIONAL TAKES MAJOR LEGAL STEP FOLLOWING MAY 2025 IMPRISONMENT — COURT OF APPEAL OVERTURNED COMMITTAL ORDER AS ATTORNEYS SEEK COMPENSATION FOR ALLEGED VIOLATION OF CONSTITUTIONAL RIGHTS!

BASSETERRE, ST. KITTS, Friday, October 23, 2026 — A major constitutional legal challenge is being proposed against the Government of St. Kitts and Nevis following the seven-day imprisonment of respected retired Eastern Caribbean Central Bank (ECCB) banking professional James Simpson, now 75 years old.

In a detailed seven-page pre-action letter dated October 23, 2026, prominent attorney Terence V. Byron, of the law firm Byron & Byron, has formally notified Attorney General Hon. Garth Wilkin of Simpson’s intention to pursue constitutional proceedings and a damages claim valued at not less than EC$5 million against the State.

The Attorney General has been given 14 days to respond to proposals for resolving the matter, failing which legal proceedings may be commenced without further notice.

SEVEN DAYS BEHIND BARS — INCLUDING HIS 74TH BIRTHDAY

The proposed constitutional claim arises from Simpson’s imprisonment for seven days pursuant to a committal order issued on May 2, 2025, in High Court Claim No. NEVHCV2022/0161.

According to the legal correspondence, Simpson was 74 years old when imprisoned and spent his 74th birthday in custody.

His attorneys contend that the experience resulted in loss of liberty, emotional distress, humiliation, psychological suffering, reputational injury and an infringement of his constitutional rights.

The imprisonment order was subsequently overturned by the Eastern Caribbean Court of Appeal.

COURT OF APPEAL FINDINGS CENTRAL TO PROPOSED CLAIM

Simpson’s legal team is relying heavily on findings of the Court of Appeal, particularly concerning compliance with Civil Procedure Rule 53.4(c), which governs safeguards in committal proceedings.

According to the pre-action letter, the appellate court found that late service of a relevant court order caused clear prejudice to Simpson and the Bank of Nevis International Limited by denying them a reasonable opportunity to comply.

The attorneys argue that these procedural shortcomings raise significant constitutional questions concerning the protection of personal liberty.

They maintain that the matter goes beyond an ordinary judicial error and warrants consideration of constitutional redress under Sections 5 and 18 of the Constitution of St. Christopher and Nevis.

The proposed claim also references legal authorities concerning procedural fairness, constitutional remedies and the responsibilities of the judicial process when personal liberty is at stake.

Importantly, the Court of Appeal’s decision to overturn the imprisonment order does not automatically establish the State’s liability for constitutional damages. That remains a separate legal question.

EC$5 MILLION CLAIM — STATE INVITED TO SETTLE

In the concluding section of the October 23 letter, Simpson’s attorneys state that the proposed claim against the State is valued at no less than EC$5 million, subject to possible amendment following further investigation and disclosure.

The Attorney General has been invited, within 14 days, to admit liability, enter settlement negotiations, agree to mediation or make compensation proposals.

The letter concludes with a clear indication that, in the absence of a satisfactory response, proceedings will be commenced without further notice.

The legal team intends to pursue constitutional, general, aggravated and vindicatory damages, along with interest and costs.

SIGNIFICANT CONSTITUTIONAL QUESTIONS

The proposed proceedings could raise important legal questions about the constitutional safeguards surrounding imprisonment, procedural fairness and the remedies available to individuals whose committal orders are overturned on appeal.

The matter is particularly significant given Simpson’s age, professional background and the fact that he had already served the seven-day period before obtaining appellate relief.

His attorneys maintain that although the imprisonment order was overturned, the time spent in custody cannot be restored through the appeal process.

The State has not been found liable in the proposed constitutional proceedings, and no court has awarded the EC$5 million being sought.

As of the date of the correspondence, the matter remains at the pre-action stage, giving the Attorney General an opportunity to consider and respond to Simpson’s position before formal constitutional proceedings are commenced.

St. Kitts Nevis Headlines will continue to follow this developing legal matter, including any official response from the Attorney General’s Chambers and subsequent proceedings before the courts.