Fletcher, Samantha v Jamaica Racing Commission

Judicial Review – Claim for judicial review – Illegality – Error of law – Whether the operations stewards were duly authorized to investigate the claimant for failing to take all reasonable and permissible measures throughout a race to ensure that a horse that she was riding was given the best possible placing in the race – Whether the operations stewards were duly appointed authorized persons by the commission – Whether the operations stewards were duly issued with certificates of appointment as required by statute.

Procedural impropriety – Natural justice – Breach of the rules of natural justice – Whether the decision of the operations stewards is invalidated by the participation of a steward who also a member of the in and out committee.

Whether the decision of the commission is invalidated by the participation of commissioners who were also members of the in and out committee
Remedy – Certiorari – Whether an order of certiorari ought properly to be made to quash the decision of the operations stewards – Whether an order of certiorari ought properly to be made to quash the decision of the commission – The Jamaica Racing Commission Act, 1972, sections 15, 24 and 25 and The Jamaica Racing Commission Racing Rules, 1977, rule 15(v). 

Costs – Whether a cost order should properly be made in the circumstances –The appropriate cost order to be made in the circumstances – Civil Procedure Rules, 2002, rules 56.15(4) and (5), 64.3, 64.6(1), 64.6(3), 64.6(4)(a),(b),(d)(i) and (ii), (e)(i), (ii) and (iii), 64.6(4)(f) and 64.6(4)(g).