CONSTITUTIONAL LAW – The Constitution of Jamaica – The Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act, 2011, sections 13(2), 13(3)(a), 13(3)(p), 13(3)(j), 14, 16(5), 18, 19 and 49 – Whether sections 5, 8, 15, 20, 21, 23 and 25 of the DNA Evidence Act breach the Claimant’s fundamental rights and freedoms guaranteed under sections 13(3)(a), 13(3)(j), 14 and 16(5) of the Charter – Whether any breach of the Claimant’s fundamental rights and freedoms guaranteed under the Charter are demonstrably justified in a free and democratic society – Part 56, CPR.
Default judgment - Whether default judgment was regularly obtained - Whether there is a real prospect of success - Recovery of rent and possession – Burden of Proof Civil Procedure Rules 12. 4, 12. 5 & 13.3, 13.4.
Insurance – Whether Striking out or Summary Judgment – Motor vehicle collision – Release and discharge executed not honoured – Fraudulent misrepresentation alleged by insurer – Burden of proof – Whether Accord and Satisfaction – Whether Breach of contract with claimant - Civil Procedure Rules 10.5(1),(4),(5), 15.2(b), 26.3(1)(a),(c),(d) & 74.4 Motor Vehicle (Third Party Risks) Act, sections 4,8 & 18
Costs - Whether parties acted unreasonably in their conduct of the claim – Amended fixed date claim filed without permission of court is unreasonable – Breach of duty of candour is unreasonable – Breach of duty not to be selective is unreasonable
Constitution – What is a judgment -- Retirement of Judge of Appeal Whether tenure of Judge of Appeal was extended - Whether judgment delivered is a nullity - Breach of right to a fair hearing within a reasonable time by an independent and impartial court established by law - Damages
Jamaica (Constitution) Order in Council 1962, Section 106, The Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act, 2011, section 16(1), The Gazette Act, The Interpretation Act
Judicial Review – Application for leave - Whether Attorney General is a proper party - Whether applicant claims against the decision maker - Threshold Test — Whether arguable grounds with realistic prospect of success – Whether breach of natural justice - Whether alternate remedy is by way of appeal to Appeal Tribunal
Education Act and Regulations - Part 56 Civil Procedure Rules.
Judicial review - Application for leave - Whether referral to Industrial Disputes Tribunal ultra vires - Whether Industrial Disputes existed - Whether waiver by conduct on part of interested party - Whether breach of Labour Relations Code - Labour Relations and Industrial Disputes Act, Section 11A(1)(a) - Employment Termination and Redundancy Payments Act 1974 - The Civil Procedure Rules, 2002, Rule 56.3(1).
Application to set aside default judgment - Default Judgment entered at inter
partes hearing binding on parties - Whether five-month constitutes delay – Issues raised on application not reviewable by Judge of concurrent jurisdiction - Rules 1.1,13.3, 42.2, Civil Procedure Rules, 2002
Constitution - Power to Transfer Permanent Secretary - Legitimate Expectation-
Breach of Natural Justice – Damages – Injunction - Certiorari
Sections 1(2)(a), 1(2)(b), 93 and 126 of the Jamaica (Constitution), Order in Council
1962