The Hon. Mrs. Justice Sonya Wint-Blair

Sykes, Steven and Lynden Nugent v Kingston & St. Andrew Municipal Corporation, Natural Resources Conservation Authority and the Town and Country Planning Authority

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.

SCJ Holdings Limited v Minister of Labour and Social Security and Lancelot Naraynsingh

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).

 

Daniel, Marylyn and John Daniel v Grant, Webster and Raymond Grant

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

Brown, Kent v Firearm Licensing Authority

Judicial Review - Failure to issue Firearm dealers’ licence - Gunsmith’s licence &
Firearm range licence - Legitimate Expectation - Duty of decision maker to give
notification of its decision - Firearms Act, 1967 - Interpretation Act, 1968 - Civil
Procedure Rules, 2002 Rule 29.1(1), Rule 29.1(2), Rule 30.3

Southern Trelawny Environmental Agency and Clifford Barrett v The Attorney General of Jamaica, Noranda Jamaica Bauxite Partners II and New Day Aluminum (Jamaica) Limited

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

Montique, Hartford v Firearm Licensing Authority

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.

Davidson, Damion v The Commissioner of Police

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

Demercado, Wayne v The Firearm Licensing Authority, The Review Board and the Minister of National Security

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

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Covid-19

Emergency Matters

Emergency Matters

Matrimonial Proceedings

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Strategic Plan

Strategic Plan for the Jamaican Judiciary 2019-2023