Amanda Montague

Partner

Aviation, Banking Litigation, Civil and Commercial Litigation, Construction Arbitration, Contractual Disputes, Cross-Border Litigation, Enforcement of Judgments and Awards, Litigation, Mediation & Arbitration, Shipping & Marine Litigation

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Amanda joined the Firm in 2016 and is a Partner in our Litigation Department. She heads the Aviation Litigation team and is a leader in the Admiralty Litigation group.  Her core practice is focused on aviation, superyachts, shipping, banking, cross-border litigation and high net-worth estates.  She is an experienced litigator with a practical and results-driven approach to litigation and arbitration and advises a diverse clientele from all corners of the globe.

Results

Jebmed S.R.L. v Capitalease S.P.A (Owners of the M/V Trading Fabrizia)

Acted for shipowners in various landmark cases from the Supreme Court and Court of Appeal in respect of the arrest and billion-dollar judicial sale of the M/V Trading Fabrizia (now M/V Bright Star) resulting from a claim for breach of a ship mortgage ( Jebmed S.R.L. v Capitalease S.P.A (Owners of the M/V Trading Fabrizia)).

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Nigel Morgan v Bank of Nova Scotia Jamaica Limited

Acted for the Bank of Nova Scotia Jamaica Limited as Lead Counsel in Nigel Morgan v Bank of Nova Scotia Jamaica Limited [2017] JMCA App 41, Appln. No. 115/17 and JCPC 2018/0073 in successfully opposing applications for conditional and special leave to appeal to the Judicial Committee of the Privy Council.

Key Motors Limited v Hyundai Motor Company

Lead Counsel

Key Motors Limited v Hyundai Motor Company [2020] JMCC Comm 28 in which the Firm acted for Hyundai Motor Company in respect of the successful enforcement, in Jamaica, of a multi-million dollar arbitral award for costs from the Korean Arbitration Board.

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Fern Oddman v Delta Airline [2019] JMCC Comm 25

Lead Counsel

we acted for global carrier, Delta Airlines , and successfully argued a technical point that a passenger’s injuries did not occur from an accident as contemplated by the Montreal Convention.  The claim against the airline was dismissed.

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Marjorie Morrison et al v Lourice Morrison [2021]

Lead Counsel

JMSC Civ 85 in which we made successful arguments for the widow of a prominent architect in claims against his high-value estate.

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Kerrikay Cameron et al v Caribbean Airlines Limited [2020] JMCC Comm 2

We acted for regional airline, Caribbean Airlines Limited, and successfully argued that a passenger’s claim for emotional distress was not recoverable under the Montreal Convention.  The claim against the airline was dismissed.

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West Indies Petroleum Limited v Asphalt Trader Limited (Owners of the M/T Asphalt Trader) [2020] JMCC Comm 13 JMCC Comm 25

Successfully argued that our client’s (a regional fuel supplier), claim for breach of the safe-port clause in a charterparty and resultant demurrage and loss of future profits was a claim in rem which entitled our client to arrest the Liberian vessel M/T Asphalt Trader and obtain security for release in to the tune of US$2M.

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FT Maritime Services Limited v Lamda Shipholding Ltd (Owners of the M/V Pluto) [2020] JMSC Civ 66

We successfully argued that the supply of bunker fuel to our client, the vessel owners of a container ship, did not create a maritime lien for which the vessel could be arrested. The claim and warrant of arrest against our client’s ship were struck out with costs to our client.

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Other Major cases:

Part of the Litigation team which acted for National Commercial Bank Limited (NCBJ) in the sanctioning of its scheme of arrangement in 2017 among NCBJ, NCB Financial Group Limited and their respective shareholders.

Acted for the Bank in Keith Rose & Colleen Rose v First Caribbean International Bank (Jamaica) Limited [2018] JMSC Civ 140 in a claim by a mortgagor for wrongful exercise of the Bank’s rights under the mortgage. The claim against the Bank was dismissed.

Acted for the Claimant, a construction company, in an arbitration: Alcar Construction & Haulage Company Limited v the National Water Commission (2017), in which we successfully recovered a multi-million-dollar debt owed by the government in respect of a construction project.

Acted for a government agency, the judgment creditor, in Factories Corporation of Jamaica Limited v Harold Brady (various judgments: [2021] JMCA App 27; [2022] JMCA App 26) in the recovery of a multi-million dollar debt.

Enforcement of several foreign judgments in Jamaica.

successfully opposed several injunctions seeking to prevent international, regional and local banks from exercising their powers of sale.

Successfully obtained several freezing orders to prevent dissipation of assets in cross-border disputes.

Community

Jamaican Bar Association

Member

Credentials

2016

Legal Education Certificate, Norman Manley Law School

2014

Bachelor of Laws (Upper Second Class Honours), University of the West Indie

ARTICLES BY Amanda Montague