Judgment Reviews Law at Montserrat (BOT)
In Montserrat, judicial review operates within the framework of the Eastern Caribbean legal system, primarily governed by the Eastern Caribbean Supreme Court (ECSC). As a British Overseas Territory, Montserrat's legal system is influenced by both local statutes and international treaties to which it is a party.
šļø Court Structure and Jurisdiction
Montserrat's judiciary is part of the ECSC, which serves as the superior court of record for several Eastern Caribbean states and territories The court structure includes
Magistrateās Court:Handles summary criminal cases and civil cases with a value of up to EC$10,000
High Court:Has unlimited jurisdiction in civil and criminal matters. A High Court Judge, shared with Antigua, sits in Montserrat at least three times a year
Court of Appeal:Hears appeals from the High Court. It consists of a President and Justices of Appeal and sits in Montserrat as needed
Judicial Committee of the Privy Council (UK):Serves as the final court of appeal for Montserrat, located in London, United Kingdom
āļø Judicial Review Mechanisms
Judicial review in Montserrat allows individuals to challenge the legality of decisions made by public bodies. Grounds for judicial review include
Illegality:The decision-maker acted beyond their legal powers
Irrationality:The decision was unreasonable
Procedural Impropriety:The decision-maker failed to follow proper procedures
Bias:īThe decision-maker had a personal interest in the outcome These principles are derived from common law and are applied by the courts in Montserrat
š Relevant Legislation
Key statutes governing judicial review and related procedures in Montserrat include:
Supreme Court Act Establishes the High Court and outlines its jurisdiction and power.
Magistrateās Court Act Defines the powers and procedures of the Magistrateās Cour.
Reciprocal Enforcement of Judgments Act īProvides for the enforcement of judgments obtained in the United Kingdo.
š§āāļø Recent Development
In recent years, there have been significant legal developments in Montserrt:
*Chlordecone Pesticide Case: In March 2025, an appeals court in Paris upheld a ruling that found the French government guilty of negligence for allowing the use of Chlordecone, a banned pesticide, in the Caribbean islands of Guadeloupe and MartiniqeīThe court criticized the government for failing to assess or address the resulting pollution and ordered financial compensation for individuals who provided evidence of exposure and related anxiey.
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