Willie Mitchell V the Attorney General of Jamaica
CIVIL PROCEDURE Application for extension of time Application does not include affidavit of merit with draft defence exhibited - Delay of nine years without good reason Defendant filed no evidence of merit from which the court could evaluate the merits of the proposed amended defence - No material before court by which to determine whether proposed amended defence raised triable issues – Good reason not found on evidence - No special circumstances affecting file – Proposed amended defence filed separately – No material before the court upon which to evaluate merit Purported defence is
Ray Morgan V Clerk of Court, Kingston & St. Andrew Parish Court Et Al
CONSTITUTIONAL LAW – ASSESSMENT OF DAMAGES FOR UNLAWFUL DETENTION OF 2,504 DAYS – FAILURE OF MACHINERY FOR TIMELY APPELLATE REVIEW – NO RECORD OF APPEAL PRODUCED - CLAIMANT SERVED SIX YEARS EIGHT MONTHS IN EXCESS OF SENTENCE AS A RESULT – DUE PROCESS RIGHTS BREACHED – PRIVY COUNCIL REMITS FOR REHEARING ON SENTENCE – TAPERED RATE – VINDICATORY DAMAGES AWARDED
Letecia Lee V the Attorney General of Jamaica
NEGLIGENCE - POLICE FATAL SHOOTING – CIRCUMSTANTIAL EVIDENCE – CUMULATIVE ASSESSMENT – GUNSHOT RESIDUE – MEDICAL TRAJECTORY EVIDENCE – POSITION OF WOUND – CREDIBILITY– INCONSISTENCIES AND DISCREPANCIES – SELF DEFENCE –EXECUTION OF DUTY
Joseph Paul Williams V Commissioner of Police
JUDICIAL REVIEW Refusal of Commissioner of Police to re-enlist Constable Whether the Commissioner erred by considering Orderly Room convictions Whether there was a failure to disclose adverse reports Whether procedural fairness was denied by issuing a notice of refusal to re-enlist before the in-person hearing Whether the Commissioner exceeded his jurisdiction by dismissing the claimant without an enquiry under Regulation 47 into alleged absence from duty
Jermaine Lindsay V the Attorney General
CONSTITUTIONAL RELIEF MALICIOUS PROSECUTION CHAIN OF CUSTODY NO CASE SUBMISSION UPHELD PROSECUTION’S CASE MADE OUT ON EVIDENCE PROPER CASE TO LAY BEFORE THE COURT DESPITE FINDING OF PARISH COURT
Sandra Graham V Carol Palmer & the Public Service Commission
JUDICIAL REVIEW Role of the Governor General in removal of public officers under section 125 of the Constitution Abolition of Post Re-Organisation and Restructuring of Ministry to create new Ministry Public Officer to be separated if not redeployed Whether the Public Service Commission should afford a hearing before recommending separation to the Governor General
Eval Givans V Shevar Simpson Et Al
NEGLIGENCE MOTOR VEHICLE COLLISION NO PROPER LOOKOUT BURDEN OF PROOF CAUSATION LIABILITY PERSONAL INJURIES QUANTUM
Andy Francis V Jacqueline Salmon
Civil procedure – Application for leave to appeal – Application for stay of execution
Crafton Jennings V Russell Welsh & Rupert Welsh
JURISDICTION OF THE COURT – VALIDITY OF CLAIM FORM – EFFECT OF APPLICATION – TWELVE MONTH EXTENSION IN SINGLE APPLICATION – CLAIM FORM DECLARED NULLITY
Amani Dean Moss V Norman Manley High School Et Al
NEGLIGENCE - High School student injured by another in the presence of a teacher in class Teacher failed to intervene - Breach of Duty – Occupiers’ Liability Act pleaded in the alternative
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