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Smith, Louis v Director of Public Prosecutions and Parish Court judge for the Parish of St. James Sandria Wong-Small

Court: 
Supreme Court
Catchwords: 

Judicial review-Application for leave to apply for judicial review-The threshold test-Whether the applicant has an arguable ground with a realistic prospect of success-Applicant charged with offences under repealed statute-Whether the charges laid against the applicant are null and void and of no effect-Whether the Full Court is the proper forum having regard to all the circumstances of the case - Whether there is an alternative remedy available to the applicant-The Money Laundering Act, section 3(1)(c), The Interpretation Act, section 25(2), The Proceeds of Crime Act, sections 2 and 139, The Civil Procedure Rules, 2002, rules 56.3(1), 56.5(1), 56.6

Costs-Whether a cost order should properly be made in the circumstances-The appropriate cost order to be made in the circumstances-Civil Procedure Rules, 2002, rules 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: 
2021
Suit/Claim number: 
SU2019CV03757
Neutral Citation: 
[2021] JMFC Full 3