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Bignall, Vaughn O'Neil v The General Legal Council and the Attorney General of Jamaica

Case Number: 
SU 2020 CV 01333
Neutral Citation: 
[2022] JMFC FULL 1
Date of Delivery: 
28.01.2022

Constitutional Law - Constitution of Jamaica - Charter of Fundamental Rights and Freedoms - Sections 13 (3) (a), (c), (d), (e) and 16 (2).
The Legal Profession Act - Sections 3, 11 and 12 (7) - Legal Profession (Canons of Professional Ethics) Rules - Advertising regulations comprised in canons II (d) (ii), II(e), II (h), II (i), II (j), II(k) and II(l).

Whether the advertising regulations made by the General Legal Council for the legal profession in exercise of statutorily delegated rule making powers are demonstrably justified limitations in a free and democratic society on the rights guaranteed by sections 13 (3) (a), (c), (d), (e) and 16 (2) of the Charter of Fundamental Rights and Freedoms - Whether the proceedings before the General Legal Council in exercise of powers granted by advertising regulations breached the rights guaranteed by section 16 (2) of the Charter of Fundamental Rights and Freedoms - Whether advertising regulations and proceedings before the General Legal Council pursuant thereto were ultra vires the Legal Profession Act.
Crown Proceedings Act - Sections 2 and 3 - Whether constitutional claims are civil proceedings within the meaning of the Act to enable the Attorney General to be joined as a party to a constitutional claim pursuant to it.

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