Judicial review – Constructive dismissal – Whether a constructive dismissal constitutes a termination of employment as contemplated by the Labour Relations and Industrial Disputes Act – Labour Relations and Industrial Disputes Act, sections 2 and 11
Costs – Whether a cost order should properly be made in the circumstances – Whether it is appropriate for a cost order to be made against an intervening party,
2
Civil Procedure Rules, 2002, rules 56.15(4) and (5), 64.3, 64.6(1), 64.6(3), 64.6(4)(a),(b),(d)(i) and (ii), (e)(i), (ii) and (iii), 64.6(4)(f) and 64.6(4)(g)
Judicial review – Constructive dismissal – Whether a constructive dismissal constitutes a termination of employment as contemplated by the Labour Relations and Industrial Disputes Act – Labour Relations and Industrial Disputes Act, sections 2 and 11
Costs – Whether a cost order should properly be made in the circumstances – Whether it is appropriate for a cost order to be made against an intervening party,
Civil Procedure Rules, 2002, rules 56.15(4) and (5), 64.3, 64.6(1), 64.6(3), 64.6(4)(a),(b),(d)(i) and (ii), (e)(i), (ii) and (iii), 64.6(4)(f) and 64.6(4)(g)
Evidence – Witness summons and witness summary issued by a party for an opposing party – Validity of witness summons – Application to strike out witness summary – Application to strike out portions of the claimants’ statement of case on the basis that it is a collateral attack on a previous decision of the privy council – Civil Procedure Rules, rules 29.6 (3), 33.2, 33.3(4) and 33.3(5)
Constitutional law – Constitutionality and validity of good faith certificates – Whether good faith certificates infringe the doctrine of separation of powers – Whether good faith certificates supersede the prosecutorial powers of the Director of Public Prosecutions – Whether good faith certificates which were issued outside of the period of emergency are ultra vires, null and void – The Jamaica (Constitution) Order in Council, 1962, Emergency Powers Act, section 3, Emergency Powers Regulations, 2010, regulations 45 and 46
Civil Procedure – Claim form not served on the 2nd defendant prior to the expiration of its validity – Whether the claimant can properly proceed on that claim form against the 2nd defendant – Whether the 2nd defendant waived the service of the claim form by his participation in the proceedings – Whether the action is now statute barred – Whether the claimant can properly proceed against the ancillary defendant on the ancillary claim form – Limitation of Actions Act, 1881, section 46, Limitation Act, 21 Ja. I, c.
Negligence – Action upon the case – Limitation – Whether action statute-barred – Application to amend pleadings – Whether in interests of justice amendments should be allowed – Evidence – Expert witness – Application to rely upon expert evidence – Content of expert witness’s report – Limitation of Actions Act, 1881, section 46, Limitation Act, 21 Ja. I, c. 16, sections 3 and 7, Civil Procedure Rules, 2002, rules 11.6(1), 20.1, 20.4, 20.6, 32.2, 32.3, 32.4(2), 32.6(1), 32.12 and 32.13(3)(a), (b) and (c)
Contract – Mental capacity to contract – Defendant’s mental disorder – Knowledge of the other contracting party – Averment of knowledge – Onus of proof – Whether the separation agreement is voidable by virtue of the defendant’s mental disorder – The bases on which matrimonial property is to be divided between the claimant and the defendant – Mental Health Act, section 2, The Property (Rights of Spouses) Act, sections 2, 4, 10, 13, 14 and 15
Civil Procedure – Application to adduce further evidence – Whether further evidence can be adduced after the close of the evidence and before judgment is delivered – The relevant test to be applied
