Live Stream: Annual Assize Service

NOTICE

Please note that as of September 16, 2021, applications for restrictive covenants will be heard on Tuesdays only.

 



The Hon. Mr. Justice Frank Williams

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.

Maco Management Inc. v The Proprietors, Strata Plan 440 and Strata Appeals Tribunal

Application for Leave to Apply for Judicial Review - Rule 56 of the Civil Procedure Rules (CPR) – Whether Requirements Satisfied – Whether Strata Corporation in Breach of National Water Commission Act and Office of Utilities Regulation Act – Whether Decision of Strata Appeals Tribunal Irrational and/or Unreasonable.

 

Gilroy, Sharlton v Hudson, Fernando

Entry of Default Judgment for Failure by Defendant/applicant to Attend a Hearing - Rule 27.8(5) & (6) of the Civil Procedure Rules – Application to Set Aside Such a Judgment – Rule 39.6 of the CPR - Whether Requirements Satisfied – Application to Set Aside Judgment ex debito justitiae - Inherent Jurisdiction of the Court – Whether Claim One for a Specified Sum of Money – Rule 12.8 of the CPR – Whether Assessment of Damages Necessary.

Stewart, Adam and Desnoes, Andrew et al v The Gleaner Company Limited

“Independent” Claim for Disclosure – Connected Defamation Action – Application for Disclosure of Name of Alleged Joint Tort-feasor – Defence in Connected Claim of Qualified Privilege and Fair Comment on a Matter of Public Interest – The “Newspaper Rule”- Whether Applicable – Rule 69.7 of the Civil Procedure Rules (CPR) - The Defamation Act, 2013 – Whether Retrospective.

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