Liberal Arts College JA Ltd v University Council Of Jamaica

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA 
CLAIM NO. C. L. 2003 HCV 2353 -
BETWEEN LIBERAL ARTS COLLEGE
JAMAICA LIMITED CLAIMANT
AND UNIVERSITY COUNCIL OF JAMAICA DEFENDANT
IN CHAMBERS
HEARD: DECEMBER 23,2003
Mr. Leighton Miller for Claimant.
Mr. Patrick Foster And Miss Julie Thompson for Defendant instructed by Director of
State Proceedings.
Daye, J. (Ag.1
Liberal Art College of Jamaica Limited filed an application on the 3rd December
2003 for an interim injunction to restrain the University Council of Jamaica from
withdrawing their accreditation of the B.Sc in Education and the B.Sc in Business
Administration programmes offered by the College as of December 31, 2003. The same
day, the 3rd December 2003, the College also filed a claim for damages for negligence
and/or breach of statutory duty against the University Council of Jamaica and also sought
an interim injunction.
On the 23rd October, 2003 Brooks J. had dismissed a similar application for
interim injunction based on a previous Writ of Summons which bears a close
resemblance to the present claim holding that the College could not secure an injunction
for post-writ action of the Council which does not fall in the context of the Writ. The
judge found that the College had failed to show it had a serious issue to be tried (per.
Brooks, J. Liberal Arts College of Jamaica Ltd. et a1 v. Universitv Council of