Gorstew Limited v Shelly-Williams, Her Hon. Lorna, Patrick Lynch, Pyne, Jeffrey and Barber, Catherine2
Judicial Review – Renewal of application for leave to apply for judicial review – Whether there is an arguable ground for judicial review with a realistic prospect of success – Whether Resident Magistrate erred in upholding no case submission – Whether decision of Resident Magistrate unreasonable in a Wednesbury sense – Whether order of Certiorari should be granted quashing decision of Resident Magistrate – Whether alternative remedy exists – Whether Declaration amounts to adequate alternative remedy – Whether declaration sought would have same effect as order for certiorari - Costs
Bennett, Winsome v The Minister of Finance, The Jamaica Constabulary Force and The Attorney General of Jamaica
Declaration for entitlement to widow’s pension – Section 62 of the Constabulary Force Act – Whether the Claimant is entitled to widow’s pension – Whether a widow is a person legally married to the deceased – Status of Children Act - Equality of children regardless of parents being married - Reformative legislations – Shift from Literal Statutory Interpretation - Purposive approach in Statutory Interpretation - Spouse include unmarried persons in common law unions – The ordinary meaning and popular sense of the word widow include a common law spouse.
United Management Services Limited v The Industrial Disputes Tribunal and the Minister of Labour and Social Security
Administrative Law - Judicial Review – Application for Leave to apply for Judicial Review – Orders of Certiorari and Prohibition – Non-Unionised Worker – Apparent Bias - Minister’s Power to refer matter to Tribunal – Whether Applicant has an Arguable case with a Real Prospect of Success.
Lewis, Maureen (Estate Frederick Lewis) v Hall-Walker, Marcia; Walker, Demond and Powell, Godfrey
Civil Law - Negligence – Motor Vehicle Accident – Fatal Accident – Letters of Administration – Application to strike out Claim – No Real Prospect of Success – Matter Statute Barred – Limitation Period Expired – Mandatory Leave needed.
Green, Noel v Garbage Disposal & Sanitation Systems Limited Consolidated with Lowe, Laureston v Garbage Disposal & Sanitation Limited et al
Civil Procedure - Application to strike out Defendant’s Statement of Case – Non-compliance with Case Management Conference Orders – Documents filed outside of the prescribed time – Defendant’s Application for Relief from Sanctions - Application not made promptly – No Good Explanation for Delay after filing the Witness Statement and Summary – Delay Unintentional – Whether in the circumstances the Defendant’s Statement of Case should be struck.
Daley-Edwards, Olivine and Edwards, Lloyd v Resident Magistrate for Parish of St. Catherine, Her Honour Mrs. S. Wolfe-Reece, The Attorney General of Jamaica et al
Administrative Law – Judicial Review – Application for leave to apply for Judicial Review – Order of Certiorari to remove to Supreme Court and to quash the Formal Order of the Learned Magistrate – Order of Possession – Eviction from premises – Warrant of Possession - Order of Mandamus to restore Possession – Declaration that Formal Order was obtained by frauds and/ or illegally – Injunction – Damages.
Miller, Vinston (Administrator of the estate of Weston Miller, deceased v Caribbean Producers jamaica Limited and Hillary, Kirk
Negligence – Motor Vehicle Collision – Manslaughter Charge – Dangerous Driving - Fatal Accident – Damages – Loss of Earnings – Special Damages – Funeral Expenses - Fatal Accidents Act – Law Reform (Miscellaneous Provisions) Act.
Nelson, Tivy Austin v Nelson, Melva Evadne
Entitlement to Property – Intestacy – Joint Property – Application seeking Court’s Intervention and Direction – Presumption of Death Order – Application to set aside Presumption of Death Order – Whether the Presumption of Death Order is a Final Order or Interlocutory Order – Application seeking Beneficial Interest in Estate – Declaration of Legal Spouse – Entitlement to apply for Grant of Letters of Administration – Application to set aside Presumption of Death Order refused.
Haughton, Monica v Personnel Committee of The Board of Management of Liberty Hill Primary School, Ministry of Education and Attorney General of Jamaica
Judicial Review - Application for leave to apply for Judicial Review - Allegations of Professional Misconduct - Breach of Financial Administration and Auditing Act - Education Act – Education Regulations - Whether there is an arguable case with a realistic prospect of success - Continuation of hearing complain before inappropriate body – Matter Statute-Barred – Sufficient interest – Alternative Remedy available – Section 37 of the Education Act – Appellate Procedure – Application for Judicial Review fails.
Buchanan, Roy; Buchanan Trusty, Erica and Buchanan, Kevin v Hall, Jean (Executrix of the estate of Ulysses Jabez Buchanan, deceased)
Administration of Estate – Probate Law - Interpretation of a Will – Intention of Testator – Expressed or Implied Intention - Read Will as a whole – Ordinary meaning of words/phrases – Words/Phrases used in a different sense - Court not to rewrite Will or improve upon – No speculation – Presumption against Intestacy – Residuary clause – Partial Intestacy – Intestates’ Estates and Property Charges Act.
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