R v the Commissioner of the Taxpayers Audit and Assessment Department
Application for Order of Certiorari - Filing of Fixed-date Claim Form outside period limited by Order and Rules - Interpretation and Application of Rules 56.4 (12) and 42.2 of the Civil Procedure Rules, 2002, as amended.
Reid, Clovis v Regina
SENTENCING - PRINCIPLES APPLICABLE - CONSECUTIVE SENTENCES - GROUPING OF OFFENCES FOR SENTENCING - POLICY AND OBJECTS OF SENTENCING - THE "TOTALITY" PRINCIPLE.
Hemmings, George v Balwin Smith
Alleged Breach of Loan Agreement - Whether Agreement Made with Company or Individual - Agreement for Purchase of Motor Vehicle - Credibility.
Francis, Garrett v The Industrial Disputes Tribunal and the Private Power Operators Ltd.
Application for Judicial Review - Interpretation of Section 12 (5)(c)(iii) of the Labour Relations and Industrial Disputes Act (LRIDA)- Whether Choice between Re-instatement and Compensation in Award of the Industrial Disputes Tribunal (IDT), Permissible - Whether IDT Erred in Law- Applicability of Section 12(9)(a)&(b) of the LRIDA.
Administrator General for Jamaica v Lloyd Lewis Et Al
Application for Interim Payment - Rule 17.6 (1) & (2) of the Civil Procedure Rules – Principles Governing Such a Grant – Defence of “Agony of the Moment” or “Inevitable Accident” - Affidavit of Information and Belief - Whether Requirements for Such an Affidavit Met- Rule 30.3 (1) & (2), CPR.
Bain, Courtney Brendan v The University of the West Indies
Constitutional Law – Claim for breach of Fundamental Rights and Freedoms – Freedom of Expression – Freedom of Thought and Conscience – Expert Witness – Expert Report – Whether breach of Fundamental Rights and Freedoms is demonstrably Justified in a Free and Democratic Society – Breach of Employment Contract – Payment in Lieu of Notice – Stigma and Reputational Harm – Loss of Advantage on the Labour Market – Breach of Implied Term of Trust and Confidence – Defamation – Damages – Aggravated Damages – Constitutional and Vindicatory Damages.
Legal Officer's Staff Association and Manley, Tasha et al v The Attorney General et al
Judicial review - Legitimate expectation - Government’s policy for computation of salaries of legal officers - Policy linking legal officers’ salaries to judges’ salaries - Change of policy by government - Legislation effecting change in policy - No notification to legal officers - No consultation before change effected - Breach of legal officers’ legitimate expectation - Whether breach of legitimate expectation justified - Whether legitimate expectation overridden by legislation - Appropriateness of case for judicial review - Whether alternative remedy exists - Whether declaratory relief a
Rural Transit Association Limited v Jamaica Urban Transit Company Limited, Commissioner of Police and the Attorney General
Declarations - Constitutional Redress – Sections 13(3) (g) & (h) of Charter of Fundamental Rights and Freedoms – Right to equality before the law – Right to equitable and humane treatment by any public authority – Sections 21 & 22 of the Constabulary Force Act – Section 58 of the Road Traffic Act – The Kingston Metropolitan Transport Region Act - Alternative/adequate means of redress available – Permanent injunction.
Riley, Roydel v Burke, Ephraim; Lawrence, Julius et al
Application to Set Aside or Vary Order Granting Permission for Filing Ancillary Claim – Whether Appropriate Application – Whether Applicants Should Have Filed Appeal against Order – Whether Ancillary Claim Appropriate Based on the Grounds Stated – Provision in Policy of Insurance for Arbitration – Whether Ancillary Claim Should Await Outcome of Arbitration of Issues – Subrogation – Alleged Negligence of Attorney-at-law.
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