ADMINISTRATIVE LAW – Judicial Review – Application for Leave to apply for Judicial Review – Review of a decision made by the Director of Public Prosecutions – Whether there is a reasonable prospect of success – Sections 1(9) and 94 of the Constitution of Jamaica.
Constitutional law - Right to a fair hearing within a reasonable time- Delay/impossibility of a judgment being delivered - Reasonable time guarantee- Remedies for breach of the section 16(2) right – Damages - Measure of damages - Whether summary assessment of the nominate torts would be an appropriate remedy – Costs - Costs thrown away – Section 16(2) the charter of fundamental rights and freedom
Family law - Whether a common law relationship existed between the applicant and the deceased - Whether the applicant is a spouse within the meaning of the Act - Intestate Estates and Property Charges Act S. 1 and 2.
Assessment of damages – Measure of damages – Damages for breach of contract – Breach of duty of care to erect and install roof in a workmanlike manner – Cost of cure approach to determining damages.
NEGLIGENCE - Motor vehicle accident- Personal Injury - Vehicle slowing down to an almost stop near a corner/bend - Vehicle colliding in the rear of vehicle near a corner- Blameworthiness - Apportionment of liability
Application for leave for Judicial Review - Part 56.6 Of The Civil Procedure Rules - Delay - Whether the Applicant has a realistic prospect of success - Section 25(2) Of The Interpretation Act, 1968 - The Proceeds of Crime Act - Charges being laid pursuant to the provisions Money Laundering Act, 1998 (Repealed)
Civil procedure rules (CPR) 2002 – Application to strike out – Failure to comply with orders of the court – Witness statements filed after specified date – Previous breaches of court orders – Application for relief from sanctions – Application to amend statement of case.
APPEAL- Extension of time to apply for leave to appeal - Permission for leave to appeal- section 11(1)(f) Judicature (Appellate Jurisdiction) Act Court of Appeal Rule 1.8-Relief from sanctions - Failure to comply with court orders - Civil Procedure Rules 26.3(1) & 26.7(1) & (2) & 26.8
Negligence - Personal Injury - Whether student was injured at school - Foreseeability - Liability of Crown servants - Res Ispa Loquitur - Occupiers Liability Act 1969.