Morgan, Ray v Clerk of Court, Kingston & St. Andrew, Parish Court, Judge of the Parish Court, Kingston & St. Andrew and Tower Street Adult Correctional 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 awardes.
Robinson-Brown, Rose v Simpson, Jason and Michael Marlon Malcolm
Negligence - Collision between pedestrian and motor vehicle - Contributory negligence - Duty of care - Liability - Quantum of damages.
Waul, Maureen Rose v Waul, Courtney Osborne
Real Property - Severance of joint tenancy - Beneficial interest.
Rowe, Marlando v The Director of Public Prosecutions
Bail - Appeal from decision of Parish Court.
Gayle, Mark v Jamaica Urban Transit Company Limited and Bathanel Leebert Walker
Negligence - Motor car collides with bus making turn.
Mattison, Paul v Richards, Garfield and Gaston Brown
Negligence - Motor vehicle collision - Liability - Burdon of proof - Conflict between pleadings and witness statement.
Lee, Wendy, Martin Hopwood and Anne Hopwood et al v Attorney General et al
Constitutional law — Challenge to the environmental permit granted by the Minister
of Economic Growth and Job Creation — NRCA refuses environmental permit —
Forestry Department objects — Right to enjoy a healthy and productive
environment likely to be breached — Right to property — Oakes Test —
Comparative Law — International instruments — Decision of Minister and
Environmental Permit struck down as unconstitutional - Declarations — Injunction
The Charter of Fundamental Rights and Freedoms (Constitutional Amendment)
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
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
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