CARIBBEAN COURT OF JUSTICE ACT

ARRANGEMENT OF SECTIONS

PART I
Preliminary

   1   Short title and commencement

   2   Interpretation

   3   Agreement given force of law in Jamaica

   4   Power of Minister to make order

   5   Amendment of Schedule and matters consequential on amendment

 

PART II
Jurisdiction of Court

   6   Jurisdiction of Court

 

Original Jurisdiction

   7   Original jurisdiction of Court

   8   Procedure re applications before Court

   9   Binding precedents

   10   Revision of judgment

 

PART III
Appellate Jurisdiction

   11   Finality of decisions

   12   Court to have powers of Court of Appeal

   13   Appeals as of right

   14   Appeals with leave

   15   Special leave

 

PART IV
Enforcement, Execution, etc of Judgments

   16   Powers of Judge

   17   Enforcement of judgment, etc of Court

 

PART V
Administrative Provisions

   18   Appointment of Registrar as Deputy Registrar

   19   Right of audience

 

PART VI
Regional Judicial and Legal Services Commission

   20   Regional Judicial and Legal Services Commission

   21   Responsibility of Commission

   22   Rules of Court

   23   Transitional

      SCHEDULE

 

CARIBBEAN COURT OF JUSTICE ACT

Act 21 of 2004.

AN ACT to Make provisions for the implementation of the Agreement establishing the Caribbean Court of Justice, and for connected matters.

[The date notified by the Minister bringing the Act into operation]

1   Short title and commencement

   This Act may be cited as the Caribbean Court of Justice Act, 2004, and shall come into operation on a day to be appointed by the Minister by notice published in the Gazette.

PART I
Preliminary (sections 2-5)

2   Interpretation

   In this Act, unless the context otherwise requires-

   "Agreement" means the Agreement Establishing the Caribbean Court of Justice signed at Bridgetown, Barbados on the 14th day of February, 2001, as amended by the Protocol to the Agreement Establishing The Caribbean Court Of Justice Relating To The Juridical Personality And Legal Capacity Of The Court signed at Montego Bay, Jamaica on the 4th day of July, 2003, of which the text of the Articles is set out in the Schedule;

   "appeal" means an appeal to the Court;

   "Commission" means the Regional Judicial and Legal Services Commission established by Article V of the Agreement;

   "Community" means the Caribbean Community established by Article 2 of the Treaty;

   "Constitution" means the Constitution of Jamaica;

   "Contracting Party" means a Contracting Party within the meaning of Article I of the Agreement;

   "Court" means the Caribbean Court of Justice established by Article III of the Agreement;

   "Court of Appeal" means the Court of Appeal for Jamaica;

   "judgment" includes a conviction, decree, ruling, sentence, order or decision;

   "national" means a person who-

   (a)   is a citizen of Jamaica;

   (b)   has a connection with Jamaica which entitles him to be regarded as belonging to or, if it be so expressed, as being a native or resident of Jamaica for the purposes of the laws relating to immigration; or

   (c)   is a company or other legal entity constituted in Jamaica in accordance with the laws of Jamaica and which Jamaica regards as belonging to it, provided that such company or other legal entity has been formed for gainful purposes and has its registered office and central administration and carries on substantial activity within the Community and is substantially owned and effectively controlled by persons mentioned in paragraphs (a) and (b), and for the purposes of this paragraph, a company or other legal entity is-

         (i)   substantially owned if more than 50% of the equity interest therein is beneficially owned by nationals mentioned in paragraph (a) or (b);

         (ii)   effectively controlled if nationals mentioned in paragraphs (a) and (b) have the power to name a majority of its directors or otherwise legally to direct its actions;

   "party" means any party to proceedings before the Court;

   "President" means the President of the Court;

   "record" means the aggregate of documents relating to proceedings before the Court, including the pleadings, evidence, judgments and exhibits required by Rules of Court to be filed or laid before the Court;

   "relevant judgment" means the judgment which is the subject of an appeal;

   "Rules of Court" means the Rules of Court made pursuant to Article XXI and paragraph 7 of Article XXV of the Agreement;

   "Supreme Court" means the Supreme Court of Judicature of Jamaica;

   "Treaty" means the Revised Treaty of Chaguaramas establishing the Caribbean Community including the CARICOM Single Market and Economy signed in The Bahamas on July 5, 2001.

3   Agreement given force of law in Jamaica

   The provisions of the Agreement shall have the force of law in Jamaica.

4   Power of Minister to make order

   The Minister may, by order, make such provisions as may be necessary for carrying into effect any of the provisions of the Agreement.

5   Amendment of Schedule and matters consequential on amendment

   (1) Where any amendment to the Agreement is ratified by the Contracting Parties, the Minister may, upon the coming into force of that amendment, by order amend the Schedule by including therein the amendment so ratified.

   (2) Any order made under this section may contain such consequential, supplemental or ancillary provisions as appear to the Minister to be necessary or expedient for the purpose of giving due effect to the amendment ratified as aforesaid and, without prejudice to the generality of the foregoing, may contain provisions amending references in this Act to specific provisions of the Agreement.

   (3) Every order made under this section shall be subject to affirmative resolution.

   (4) Where the Schedule is amended pursuant to this section, any reference in this Act or any other instrument to the Agreement shall, unless the context otherwise requires, be construed as a reference to the Agreement as so amended.

PART II
Jurisdiction of Court (sections 6-10)

6   Jurisdiction of Court

   The Court shall have-

   (a)   original jurisdiction provided for in this Act and as is conferred on it in accordance with the provisions of Part II of the Agreement; and

   (b)   appellate jurisdiction provided for in this Act and as is conferred on it in accordance with the provisions of Part III of the Agreement.

Original Jurisdiction (sections 7-10)

7   Original jurisdiction of Court

   (1) The Court shall, in exercise of its original jurisdiction, have exclusive jurisdiction to-

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.