The Hon. Mrs. Andrea Pettigrew-Collins

Negligence - Occupiers’ liability - Ancillary claim - Indemnity - Failure to establish negligence or breach under Occupiers’ Liability Act

Whether claim is an abuse of process - Constitutional law - Section 16(2) of the Constitution - Right to Due Process - Public Service Regulations - Jamaica Library Board Administrative Rules Governing Disciplinary Procedure Affecting Permanent Officers and Employees – Withholding of salary on interdiction – Stay of Disciplinary Proceedings – Remedy for breach of constitutional rights.

CONSTITUTIONAL LAW – The Constitution of Jamaica – The Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act, 2011, sections 13(2) and (3)(j)(iii), 16(2) & 19 – Whether section 21 of the Cybercrimes Act breaches the Claimant’s fundamental rights and freedoms guaranteed under section 13(3)(j)(iii) of the Charter – Whether any breach of the Claimant’s right to privacy guaranteed under section 13(3)(j)(ii) of the Charter are demonstrably justified in a free and democratic society – Whether breach of Claimant’s rights guaranteed under section 16(2) – Proportionality - Pr

Negligence - Motor vehicle accident - Res ipsa Loquitur - Contributory negligence – Apportionment of liability – Assessment of Damages – Whether claim for lost wages which was not pleaded should be allowed.

Constitutional Law – Charter of Rights - Savings Law Clause - Offences Against the Person Act - Whether the savings law clause precludes enquiry by court - Meaning of “sexual offence” - Whether court bound by the parties’ statement of meaning - Whether buggery is a sexual offence.

CONSTITUTIONAL LAW – The Constitution of Jamaica – The Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act, 2011, sections 13(2) and (3)(j)(iii), 16(2) & 19 – Whether section 21 of the Cybercrimes Act breaches the Claimant’s fundamental rights and freedoms guaranteed under section 13(3)(j)(iii) of the Charter – Whether any breach of the Claimant’s right to privacy guaranteed under section 13(3)(j)(ii) of the Charter are demonstrably justified in a free and democratic society – Whether breach of Claimant’s rights guaranteed under section 16(2) – Proportionality - Pr

Negligence - Expert evidence – Whether expert evidence should be disallowed - Damages.

Negligence - Breach of contract - Breach of Employers Liability Act – Breach of Occupiers Liability Act - Assessment of damages.

Section 96 (1) of the Constitution - Extension of time - Sections 31(1) and 16 of the Interpretation Act.

Claim brought by way of Claim Form - Detinue - False Imprisonment - Constitutional Damages – Exemplary Damages - Aggravated Damages