NOTICE

 

The en banc sitting of the Judges of the Supreme Court of Judicature of Jamaica scheduled for Friday March 26, 2021 at 10:00am has been postponed until further notice.



The Hon. Mr. Justice Kirk Anderson

Robinson, Cindy v The Attorney General of Jamaica

Constitutional law – Breach of right to a fair trial within a reasonable time – Delay
in judgment being delivered – Impossibility of judgment being lawfully delivered
the Judge having retired – Whether a retrial ought to be ordered – Burden of
proof as regards whether a retrial ought to be ordered – Remedies – Whether
compensation ought to be awarded to the claimant as damages arising from the
breach – Assessment of sum to be awarded – Whether award can include
damages and costs in original claim – Charter of Fundamental Rights and

Messam, Evon v Junior, Trevor Dunkley and Haulage and Equipment Limited

Application to set aside default judgment – Whether there is a good explanation for the failure to file an acknowledgment of service within time – Alleged default of applicant’s insurers – Whether the application was made as soon as was reasonably practicable after finding out about the default judgment – Application made almost a year after finding out about the default judgment – Whether the proposed defence has a realistic prospect of success – Reliance on hearsay evidence

Brown, Marlon v Brown, Iola and others

Application for relief from sanction after statement of case struck out –- Whether the application was made promptly – Whether the claimant’s failure to comply was unintentional – Whether the claimant’s alleged impecuniosity is a good explanation for his non-compliance – Whether the claimant has generally complied with all other relevant rules, practice directions, orders and directions – Rule 26.8 of the Civil Procedure Rule

Dodd, Clifton v Insurance Company of the West Indies

Interpretation of contracts – Applicability of arbitration clause – Meaning of ‘difference’ in the context of an arbitration clause – Summary Judgment – Whether the matter is one for summary judgment.

Williams, Ellen v Strata Appeals Tribunal, Commission for Strata Corporations and Jackson, Josina

Statutory Interpretation - Meaning of ‘shall’ in paragraphs 13 and 14 of the First Schedule of the Registration (Strata Titles) Act - Whether the Commission for Strata Corporations can hear disputes between proprietors under section 3B (1) (c) of the Registration (Strata Titles) Act - Judicial Review – Certiorari - Irrationality/ Unreasonableness - Whether the tribunals acted unreasonably - Natural Justice - Duty to act fairly - Legitimate Expectation - Whether there was an expectation that is legitimate – Burden of Proof – Standard of Proof

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