West, Mark v Walden-West, Evelyn
Application for Custody – Governing principle: welfare of the child is the
first and paramount consideration - Application for Maintenance – Parties
means for the purpose of determining capacity to pay maintenance.
Young, Michael and Young, Jacqueline et al v Kingston and St. Andrew Municipal Corporation and National Environmental and Planning Agency
Judicial Review – Whether the Claimants have locus standi to seek the relief sought in the claim – Whether the relevant Authorities acted ultra vires their statutory powers
Statutory Intepretation – Legitimate Expectation – Lack of consultation by Authority before decision made – Town and Country Planning Act – Natural Resources Conservation Authority Act – 1966 Town and Country Planning (Kingston) Development Order – 2017 Town and Country Planning (Kingston and Saint Andrew and Pedro Cays) Provisional Development Order
Webb, Arthurine v Stanberry, Donovan
Administrative Law-Judicial review-Constitutional relief-The public service-
Retirement on the grounds of reorganization- Whether public servant have the
right to be heard prior to compulsory retirement-The Pensions Act-The Public
Service Regulations, 1961
P & S Used Car Traders Limited v CVM Television Limited, Ford, Superintendent Cornwall Bigga et al
Libel – Justification – Whether statements made were true in fact and substance –
Qualified privilege – Fair comment – Defamation Act [2013] Whether applicable to
proceedings - Defamation Act [1963] Sections 4, 7 and 8 – Libel Act Section 15 –
Damages
Johnson, Curline v Johnson, Errol
Matrimonial Property - Claim for 50% interest in dwelling house - Parties separated - Claim brought more than twelve months after date of separation - Whether the Property Rights of Spouses Act applicable - Whether the Partition Act applicable - Whether the rules of common law and equity applies - House built by spouses on land not owned by either spouse.
Director of Public Prosecution v Wilson, Uchence and Others
The Evidence (Special Measures) Act 2012 – The Evidence (Special Measures)
(Criminal Jurisdiction) (Judicature) (Supreme Court) Rules 2016 – Prosecution’s
application for a witness to give evidence by live link – Appropriate circumstances
for use of special measure of live link – Witness said to be vulnerable but no
allegation of actual threat – Right of accused to a fair trial – Credibility significant
issue – Whether grant of application prejudicial to Defendants – Overall interests
of the administration of justice
Kingston Wharves Limited v Industrial Disputes Tribunal and Interested Party
Judicial Review – Whether Industrial Disputes Tribunal failed to consider relevant issue of frustration of contract – Whether award was manifestly excessive, unreasonable, illegal and void – The Labour Relations And Industrial Disputes Act, sections 3 & 12 - The Civil Procedure Rules, parts 8, 26, 30 & 56.
Bramwell, Dammel (By next friend and father David Bramwell) v Mowatt, Everton and Gayle, Herbert et al Between Mowatt, Everton and Gayle, Herbert
Negligence – Driver of car – Duty to passenger in car – Common law and statutory duty of care - Res ipsa loquitur - Contributory negligence –Apportionment of liability between defendants – Quantum of damages.
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