Williams, Arthur v Holness, Andrew
Constitutional law - Parliament - The Senate - Appointment of Senator - Resignation of Senator - Removal of Senator - Pre-Signed and undated letters of resignation and authorization given to leader of opposition by Sanator at time of appointment to use letters at his sole discretion to effect resignation of Senator – Senator refusing to resign - Use of the letters by the leader of oppositon to effect resignation of the Senator – Whether authority to use letters revoked - Whether letters unconstitutional - Whether the request for and use of the letters by the leader of
Okuonghae, Alexander v University Of Technology Jamaica
Employment law – University – Visitor – Termination of employment – Contractual notice given – Allegation of breach of internal laws and natural justice by uiversity – Visitorial jurisdiction – Whether jurisdiction of court ousted – The University of the West Indies Jamamica Act, SS.5, 11(2).
Defamation – Libel – Alleged defamatory statement by employee – Whether university liable – Failure to plead facts relied on – Consequences – Civil Procedure Rules (CPR) 8.9 (1) & 8.9 (A).
Branch Developments Limited Trading as Iberostar Rose Hall Beach Hotel v The Bank of Nova Scotia Jamaica Limited
Civil procedure - Application to strike out - Breach of contract - Refusal to strike out - Alternate sanction imposed - Order for payment of costs - Interest awarded on costs - Whether award of interest on costs excessive or unfair - Appropriate period for award of interest - Consideration applied - Judicature (Supreme Court) Act SS 51(1), Rules 64.6(5)(H); 65.15 & 65.19.
Branch Developments Limited Trading as Iberostar Rose Hall Beach Hotel v The Bank of Nova Scotia Jamaica Limited
Civil Procedure - Applicatin to strike out - Order for specific disclosure - Non compliance with order - Unless order for filing of witness statements - Witness statements filed after date specified - Discrepancies between witness statements and witness summaries - Whether unless order complied with - Previous breaches of court orders - Whether striking out most appropriate sanction - Relevant considerations - Prejudice - Delay - Civil Procedure Rules (CPR) 2002, Rules 26.3 (1) (a); 28.1(4); 28.2; 28.4(1); 28.6; 28.7; 29.6(2); 29.7(2) and 29.7(3)
Simpson-Miller, The Hon. Mrs. ; Pickersgill, Robert et al v The Attorney General and the Director of Public Prosecutions
Constitutional law - Fundamental rights and freedoms - Mutual legal assistance in criminal matters - Request of foreign state for taking of evidence from witnesses in Jamaica - Witnesses refusing to co-operate – Application of central authority for order for witnesses to give evidence on oath - Order granted – Whether order an abuse of process – Whether order breached constitutional rights of witnesses - Right to equitable and humane treatment – Right to be free from discrimination on political grounds - Right to fair hearing – Right to due process - The Mutual Assistance (Criminal Matters)
Levy, George Anthony v The General Legal Council
Judicial review – Application for leave for judicial review filed out of time - Application to Extend time to apply for leave – Undue delay – Whether there is a decision for the Purposes of judicial review – Whether good reason exists for extension to be granted – Considerations for exercise of court’s discretion to extend time - CPR, 56.2; 56.6(1); 56.6 (2 ); 56.6 (3) 56.6(5).
Baker, Milton v The Commissioner of FINSAC Commissioner of Enquiry Warwick Bogle and The Commissioner of FINSAC Commission of Enquiry Charles Ross
Judicial review - application for leave to apply for judicial review - Mandamus- Commission of enquiry - Commissioners failing to submit report on completion of enquiry - Legitimate expectation - Delay - Test to be applied for leave - Whether applicant satisfies the test for leave to be granted - The Civil Procedure Rules 2002 (the CPR), 56.2 (1); 56.2 (2); 56.3 (3); 56.6 (1); - The Commissions of Enquiry Act, ss. 2 ,5, 7, 10 & 13.
Pryce, Lorna Angela v Claude Alfanso Pryce
IN THE SUPREME COURT OF JUDICATURE OF JAMAICA
IN FAMILY DIVISION
CLAIM NO. 2005HCV00670
BETWEEN LORNA ANGELA PRYCE CLAIMANT
AND CLAUDE ALFANSO PRYCE DEFENDANT
IN CHAMBERS
Mrs. Althea McBean-Wisdom instructed by
Frater, Ennis & Gordon for the Claimant.
Mrs. Judith Cooper- Batchelor instructed by
Perreault, June v Derrick Fearon, Arlene Gaynor
IN THE SUPREME COURT OF JUDICATURE OF JAMAICA
IN COMMON LAW
SUIT NO. C.L. P-078/2002
BETWEEN JUNE PERREAULT CLAIMANT
AND DERRICK FEARON 1" DEFENDANT
AND ARLENE GAYNOR 2ND DEFENDANT
Mr. Manley Nicholson instructed by H. Charles Johnson & Co. for the Claimant.
Defendants not appearing and unrepresented.
King, Noel, et al v Commissioner of Customs, The Attorney General of Jamaica
IN THE SUPREME COURT OF' JUDICATURE OF'
IN COMMON LAW
CLAIM NO. 2005 HCV 00120
BETWEEN NOEL KING lSTC LAIMANT
AND DAVID CHIN 2ND CLAIMANT
AND WAYNE CHIN 3RD CLAIMANT
AND COMMISSIONER
OF' CUSTOMS lSTD EFENDANT
AND THE ATTORNEY
GENERAL
OF' JAMAICA 2ND DEFENDANT
IN CHAMBERS
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