(ii) (a) Was the Supervisor obliged to give the Claimant an opportunity to be heard before increasing the statutory fund, and if so (i) Was the Supervisor's increase of the Claimant's statutory fund arbitrary or unreasonable? With reference to these two matters, the issues for determination on the claim for judicial review are as follows:– The first - the increase of the Claimant's statutory fund and the second - the non-renewal of the Claimant's licence. The issues in this claim arise in relation to two matters. On the 9 th January, 2019, the Court delivered brief oral reasons outlining its decision which are now fully reduced into writing. The hearing for judicial review was conducted by way of affidavit evidence (including expert evidence), cross examination and written submissions after the conclusion of the evidence. With respect to the issue of the renewal of the Claimant's licence, the Supervisor contended that as a matter of law, the renewal of the licence was contingent upon payment of the statutory fund, thus having not paid the increased amount to satisfy the fund, the Claimant was not at liberty to issue the renewed licence. Such opportunity was established by means of communication between the Claimant and the Supervisor's Office in the period following the Supervisor's notification of the increase in the statutory fund. The Supervisor further contended that the Claimant was given ample opportunity to be heard with respect to any objections it had in relation to the calculation of the increased amount of the Fund. In defence to the claim, the Supervisor of Insurance contended that the statutory fund was calculated in accordance with the mathematical formula prescribed in the Insurance Act and as such the increase was neither arbitrary nor unreasonable. Accordingly, the Claimant by way of judicial review, seeks a number of declarations ultimately leading to an order of certiorari to quash the increase in its statutory fund and initially, to address the renewal of its licence. The Claimant also alleges therefore that the Supervisor's non-renewal of its licence was an abuse of power, arbitrary and unreasonable, as well as in breach of its legitimate expectation to be consulted or heard prior to such refusal to renew.
The Claimant resisted payment of the increased amount of the fund as a result of which the Supervisor declined to renew its licence to operate for the year 2018. The Claimant also asserts a legitimate expectation that the amount of the statutory fund would remain calculable according to a set formula, which is claimed to have been used for all years prior to the increase. The claim alleges that the Supervisor's increase of the statutory fund was arbitrary, unreasonable and was put into effect without giving the Claimant an opportunity to be heard, thereby in breach of natural justice. (the Claimant, or ‘the Insurance Company’) for judicial review of a decision by the Supervisor of Insurance (‘the Supervisor’) which increased a yearly fee payable by the Insurance Company as part of its compliance under the Insurance Act, called the statutory fund (‘the fund’). This is a claim filed by Home Protector Insurance Company Ltd.