Pine, Miguel v Commissioner of Police

Case Number: 
2014 HCV 04155
Neutral Citation: 
[2015] JMSC Civ 182
Date of Delivery: 
21.09.2015

Judicial Review – Application for leave to apply for Judicial Review – Breach of Natural Justice – Fair Hearing – Remedies – Mandamus – Reinstatement of Probationary Officer – Usurpation of Statutory Authority – Sparing exercise of Court’s discretion to reinstate – Conflict of evidence between Parties - Public interest element – Mandamus imposed where there is a clear duty and not mere discretion – Promptness of Application for leave – Delay – Whether there is a good reason for Delay – Arguable ground with a Real Prospect of Success.

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