The Attorney General's Chambers, Jamaica
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CCJ Decision Myrie vs Barbados

CCJ Decision Myrie vs Barbados

The Shanique Myrie judgment is legally significant in two important respects: 1. it addresses the nature and scope of the right of free movement within CARICOM, and 2. it clarifies other significant doctrinal and practical aspects of Community Law of particular importance to lawyers and scholars. In regard to the latter (2), the judgment clarifies, inter alia, the extent to which fundamental human rights form part of Community Law, the supremacy of Community Law in proceedings in the Original Jurisdiction and the standard of proof in claims before the Court, the permissibility of using statistical evidence in demonstrating a pattern of conduct in establishing a prima facie case, the rejection of claims for exemplary or punitive damages, and the clear affirmation that the judgments of the Court constitute stare decisis and are binding on all CARICOM Member States.