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Reid, Ruel, Fritz Pinnock, Sharen Reid and Sharelle Reid v Jewel Hogarth (The Clerk of Courts), Her Honour Ms Sanchia Burrell and Financial Investigations Division

Court: 
Supreme Court
Subject: 
Judicial Review
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 too apply for judicial review is a low one

Criminal law-Parish Court-Trial on indictment-Order for indictment signed by the senior judge of the parish court prior to the presentation of the indictment-Order for indictment endorsed on an information which does not name all accused persons-Whether order for indictment proper-Whether trial a nullity

Illegality-Whether the senior judge of the parish court erred in law in endorsing the order for indictment on an information which does not name all the accused persons

Ultra vires-Doctrine of ultra vires in the narrow sense-Whether the senior judge of the parish court acted ultra vires her statutory authority

Judicial review-When proceedings appropriate-Availability of suitable alternative means of of raising issue-The Judicature (Parish Courts) Act, sections 272, 273, 274, 287, 289 and 291, Civil Procedure Rules, 2002, as amended, rules 56.3(1), 56.3(3)(d), 56.15(4) and (5)

Document Type:

Year: 
2026
Suit/Claim number: 
SU 2025 CV 03788
Neutral Citation: 
[2026] JMSC Civ 06
Judge(s): 
A. Nembhard J