Judicial Review - Whether amended fixed date claim filed without leave permissible at trial – Whether building permit granted during COVID-19 considered emergency– Whether grant of conditional planning and environmental permits ultra vires – Whether conditional grant of environmental and planning permits subject to judicial review - Interpretation of section 20 Building Act 2018 - Kingston and St. Andrew Building (Notices and Objections) Regulations 1938 - Town and Country Planning Act 1958 - Natural Resources Conservation Authority Act 1991 - Town and Country Planning (Kingston and St.
Judicial review - Application for leave - Whether referral to Industrial Disputes Tribunal ultra vires - Whether Industrial Disputes existed - Whether waiver by conduct on part of interested party - Whether breach of Labour Relations Code - Labour Relations and Industrial Disputes Act, Section 11A(1)(a) - Employment Termination and Redundancy Payments Act 1974 - The Civil Procedure Rules, 2002, Rule 56.3(1).
Application to set aside default judgment - Default Judgment entered at inter
partes hearing binding on parties - Whether five-month constitutes delay – Issues raised on application not reviewable by Judge of concurrent jurisdiction - Rules 1.1,13.3, 42.2, Civil Procedure Rules, 2002
Constitution - Power to Transfer Permanent Secretary - Legitimate Expectation-
Breach of Natural Justice – Damages – Injunction - Certiorari
Sections 1(2)(a), 1(2)(b), 93 and 126 of the Jamaica (Constitution), Order in Council
1962
Constitutional law – Standing to commence constitutional claim – Whether company has locus standi to commence a claim for constitutional redress under section 19(1) of the Charter of Fundamental Rights and Freedoms in its own right - Whether a company can claim environmental rights under the Charter of Fundamental Rights and Freedoms - Right to enjoy a healthy and productive environment free from the threat of injury or damage from environmental abuse and degradation of the ecological heritage - Right to protection from degrading treatment
Application for leave to apply for judicial review - Seizure of firearm pending investigation into criminal charges - Whether seizure is in contravention of the Firearms (Prohibition, Restriction and Regulation) Act 2022 or Firearms Act, 1967 - Delay as a bar - Alternate remedy provided in stature - Firearms Act, 1967 applied.
Judicial Review - Re-enlistment of police officer – Officer fails to respond to
notice of non-recommendation before period of enlistment expires – Officer
removed from Force – Officer not considered dismissed – Reinstatement not
Application re-enlistment – Legitimate expectations – Jamaica Constabulary
Force Act, Police Services Regulations, – Book of Rules for the Guidance and
General Direction of the Jamaica Constabulary Force
Judicial Review - Revocation of Firearm User’s Licence - Failure to conduct hearing by Review Board and Minister – Should the Review Board provide detailed reasons to further an appeal – Role of Review Board – Role of Minister - Decision of Minister made without reasons - Whether delay is breach of natural justice – Statutory Interpretation – Firearms Act, 1967, Firearms(Appeals to Minister) Regulations
