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
Constitution - Power to Transfer Permanent Secretary - Legitimate Expectation-
Breach of Natural Justice – Damages – Injunction - Certiorari
Sections 1(2)(a), 1(2)(b), 93 and 126 of the Jamaica (Constitution), Order in Council
1962
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
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.
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
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
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
