In civil matters (specifically, claims for debt or damages), claims not

exceeding $1,000,000.00 Jamaican dollars1 may be brought in the

Resident Magistrate’s Courts in the various parishes in the Island. The

jurisdiction of these Courts, which is defined by statute, is limited to

within the particular parish.2 Otherwise, civil claims may be brought in

the Supreme Court of Judicature of Jamaica (“Supreme Court” or “the

Court”) which has unlimited jurisdiction in civil and criminal matters.

One of the divisions of the Supreme Court is the Commercial Court

which began operations in February 2001. Appeals from the decisions

of both the Supreme Court and Resident Magistrate’s Courts are heard

by the Court of Appeal, with the final appellate Court being the

Judicial Committee of the Privy Council in England. This chapter will

focus on proceedings commenced in the Supreme Court.

 

 

 

The jurisdiction of the Supreme Court to grant interim or provisional

relief affecting property of debtors is founded on section 49(h) of the

Judicature (Supreme Court) Act,3 the Supreme Court Civil Procedure

Rules 2002 (“the CPR”) (which came into force on January 1, 2003

replacing the Judicature (Civil Procedure Code) Law 1889) and the