Fitz Jackson wins Court of Appeal leave to challenge Scotiabank $385 cheque fee

Member of Parliament for St. Catherine South Fitz Jackson has secured a significant procedural victory against Bank of Nova Scotia Jamaica Limited after Jamaica’s Court of Appeal set aside an earlier ruling and granted him leave to continue his legal challenge to cheque encashment fees.

The dispute centres on a $385 fee for cashing cheques and whether such charges comply with the Bills of Exchange Act. On Monday, the appellate court issued orders addressing three matters arising from Justice Cresencia Brown-Beckford’s Supreme Court judgment of 15 November 2024.

First, Jackson received permission to appeal that decision. Second, enforcement of the cost order previously made in favour of the bank was stayed until the appeal is decided or the court gives further directions. Third, the defendant was awarded 80 per cent of the costs tied to the leave application.

The matter has drawn wide attention as a test of consumer protection and everyday banking conduct in Jamaica. Jackson maintains that fees of this kind weaken the legal certainty that governs how payments are honoured. He has argued that financial institutions must not impose charges that effectively reshape the statutory rules governing transactions.

Although the full appeal still lies ahead, Jackson described Monday’s outcome as proof that serious flaws marked the lower court’s judgment—issues his attorneys had raised throughout the case. He said the result strengthens his position that the appeal can succeed and pledged to keep pressing banks over fees he considers unlawful, accusing the state of failing to intervene.

Reaction across the country has framed the development as a possible shift in the debate over fairer banking in Jamaica. Jackson credited senior counsels Anthony Williams, Janet Henry and Douglas Lays, QC, for leading the appeal work.

"The ruling today exposed the serious errors and breaches in Judge Brown-Beckford's ruling, which our legal team highlighted all along the way," Jackson said. "This reaffirms my earlier contention that there are very strong grounds for mounting a successful appeal. I am indeed very pleased and encouraged in my efforts to ensure that the banks do not continue to get away with illegal fees and charges which unfortunately the government has chosen to turn a blind eye to and allow them to continue."

He added: "I wish to express my profound thanks and appreciation to my legal team of senior counsels, Mr. Anthony Williams, Ms. Janet Henry and Mr. Douglas Lays, QC who led in the appeal proceedings."