The Hon. Miss Justice Anne-Marie A. Nembhard

Alba, Severin v The Minister of Labour et al

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,
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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)

Alba, Severin v The Minister of Labour and Operadora Palace Resorts (JA) Limited trading as Moon Palace Jamaica Grande

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)

Guyah, Omar and Brown, Cordella v Drummond, Jack and Lawrence, Winston et al

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)

Clarke, Claudette (Administratrix of the Estate of Keith Clarke, deceased and in her own right) v Tinglin, Greg; Buckley, Odel et al

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

Simms, Windell v The Administrator General for Jamaica (Representative of the Estate of Milton Morgan, deceased) v Saunders, Earl; Saunders, Isolyn et al

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.

Powell, Gauntlett v Bulk Syrup Carriers Petroleum Transport Limited

Negligence – Motor vehicle collision – Whether the ancillary defendant is liable – Expert evidence – Weight – Parties instructing different forensic experts in accident reconstruction – Expert evidence directly conflicting with ancillary claimant’s evidence – Conflicting expert witness testimony – Quantum of damages

AB (A Minor) who sues by her mother and next friend v The Attorney General of Jamaica

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)

Morrison, Mitzie Niocia v Johnson, Philemon Joseph

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

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