Constitutional law-Fundamental rights-Redress-Constitutional claim challenging the lawfulness of bauxite mining activities on the part of the defendants-Breach of fundamental rights-Right to life-Rights to receive information-Right to reside in any part of Jamaica-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
Civil Procedure-Striking out-Application to strike out claiments' statement of case-Whether the claimants' statement of case ought properly to be struck out-The approach of the court in dealing with an application to strike out a party's statement of case in a constitutional claim-Whether the claimants have sufficiently particularized the claim-Whether the claimants' statement of case discloses a cause of action-Whether the claimants' statement of case demonstrates reasonable grounds for bringing the action
Expert evidence-Preliminary objection challenging the evidence of a medical practitioner-Medical practitioner not appointed as an expert witness-Whether medical practioner is permitted to give fact evidence
Consolidation-Application for consolidation-Whether claims ought properly to be consolidated-Whether in the alternative the court should made an order that the claims be tried together
The Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act, 2011, sections 13(1)(b), 13(2), 13(2)(b), 13(3)(a), 13(3)(d), 13(3)(f)(II), 13(3)(o), 13(5), 13(6) and 19, Civil Procedure Rules, 2002 rules 26.1(2)(b), 26.1(2)(h), 32.6(1), 32.6(2) and 56.9(3)
