The Hon. Mrs. Justice Sonya Wint-Blair

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

Hylton, Denise v Thompson, Peter

Judicial review - Application to strike out -  Misjoinder of respondent - Application for leave to apply for judicial review.

Lloyd, Gary v Dacosta, Richard and Jamaica Defence Force

Judicial review – Military law – Jurisdiction of court – Discharge from military – Whether claim justiciable – Breach of natural justice – Defence Act - The Defence (Regular Force Enlistment and Service) Regulations, 1962 – Force Standing Orders

Pages

Covid-19

Emergency Matters

Emergency Matters

Matrimonial Proceedings

Customer Service

customer complaints image

Strategic Plan

Strategic Plan for the Jamaican Judiciary 2019-2023