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Cameron, Wayne (Chairman of Jamaica Police Officers' Association) v Commissioner of Police

Court: 
Supreme Court
Subject: 
Judicial Review, Injunction
Catchwords: 

Judicial review-Application for leave to apply for judicial review-Threshold test-Whether the applicant has an arguable ground with a realistic prospect of success-Whether the threshold for leave to apply for judicial review is a low one

Incorporated and unincorporated associations-Whether the police officers' association is an incorporated or an unincorporated association-Whether the police officers' association is an entity which is known to law

Illegality-Whether the decision of the commissioner of police to direct that the position of the chairman of the police officers' association be vacated was in breach of the articles of incorporation of the association or of the rules of the association-Whether the decision of the commissioner of police was illegal

Ultra vires-Doctrine of ultra vires-Whether ultra vires in the narrow sense-Whether the commissioner of police is authorized by statute to direct that the position of the chairman of the police officers' association be vacated-Whether the commissioner of police acted ultra vires his statutory authority-Whether the decision of the commissioner of police is susceptible to judicial review

Natural justice-Whether there can be a procedural legitimate expectation that the rules of natural justice will be followed-Whether the decision of the commissioner of police was made in breach of the principles of natural justice and procedural fairness-Whether the decision of the commissioner of police is arbitrary and unreasonable and irrational

Judicial review-When proceedings appropriate-Availability of suitable alternative means of raising issue

Injunction-Application for the grant of an interim injunction-Application for injunction relief made against the backgrounds of an application for leave to apply for judicial review-Whether jurisdiction to grant interim injunctive relief to preserve status quo pending the final determination of a claim for judicial review-Threshold test-Whether there is a serous issue to be tried-Balance of convenience-Whether the balance of convenience lies in favour of the grant of injunctive relief-Whether damages would be an adequate remedy

Remedies-Whether grant of injunctive relief-Whether award of damages

Costs-Whether a cost order should properly be made in the circumstances-The appropriate cost order to be made in the circumstances-The Constabulary Force Act, section 3(2)(a), The Judicature (Supreme Court) Act, section 49(h), Civil Procedure Rules, 2002, as amended, rules 17.1(1)(a) and 17.4, 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)

Document Type:

Year: 
2026
Suit/Claim number: 
SU 2025 CV 03316
Neutral Citation: 
[2026] JMSC Civ 04
Judge(s): 
A. Nembhard J