2023

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

Mack Foster, Jackqueline v Foster, Carlton Everol

Civil practice and procedure - Application to register foreign order - Whether order from Florida Court capable of registration under the Judgments (Foreign) (Reciprocal Enforcement) Act - Application to enforce disclosure order of a Foreign Court - Whether or not interim disclosure order from a Florida Court capable of enforcement in Jamaica at common law - Application to register foreign order - Proper procedure to utilise to initiate application - Whether fixed date claim form to be used or application for Court Order in Form 7

Dennis, Jane v Dennis, Phill

Property Rights of Spouses Act - application for extension of time to file claim –
factors to be considered - Limitation of Actions Act.

Lewis, Polyseenia v Campbell, Marlon Fitzroy

Civil Procedure – Severance of joint tenancy – Whether claim for division of
property under Property (Rights of Spouses) Act barred by statutory limitation
period prescribed by section 13(2) of the Act – Whether property to be partitioned
and sold and proceeds of sale apportioned under provisions of Partition Act –
Sections 2(2), 3, 4 and 5 of Partition Act

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.

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