Ashley, Shaquille v Clerk of Court, Saint Catherine, Her Honour Ms. Alicia McIntosh, Judge of Parish Court (Saint Catherine), Jamaica Fire Brigage and Attorney General
Constitutional Law – Statutory Interpretation – Right to a Fair Trial – Right to Receive Records of Proceedings – Reasonable Time – Right to Due Process – Right to Equitable and Humane Treatment – Right to Presumption of Innocence – Right to Protection of Property – Right to Freedom of Movement – Right to Freedom from Arbitrary Arrest – Whether the police officers had reasonable suspicion – Right to Liberty and Security of the Person – Constitutionality of the Offensive Weapons (Prohibition) Act – Constitutionality of Regulation 41 of the Fire Brigade Regulations – Right to Make Representat
Fox, Desmond v Fox, George and Clifton Fox
Property law - Land - Attorney transfers land out of the name of defendants while claim is sub judice - No disclosure of transfer to court or opposing counsel - No joinder of third parties to claim - No orders made against land in absence of owners of freehold - Supreme Court Act S. 2 & 48.
Bridge, El Sade (b.n.f. Lana Campbell) v Graham, Randy and Jules Graham
Negligence - Motor vehicle collision - Whether vehicle posed an obstruction - No proper lookout - Burden of proof - Causation - Liability - Quantum
Creary, Richard v The Gleaner Company (Media) Limited
Defamation ─ Journalism ─ Allegation of corruption ─ Reynolds Privilege - Fair comment – Integrity commission misstates facts – Article published with same errors - Apology to claimant by Integrity commission after article published – No apology from Defendant – No comment sought from claimant before publication – Verification not sought - Report serious in tone and content - Damages
Standord, Yulando v Laidley, Marlene, Keniel Thomas and Rayon McGibbon
Negligence – Motor Vehicle Collision – Personal Injuries – Causation – Liability–
Damages
Logan, Ann-Marie v Lawrence, Marlon, Devon Bennett et al consolidated with Hinds, Candice v Lawrence, Marlon and Devon Bennett et al
Negligence - Motor vehicle collision - One vehicle on wrong side of the road - Damages - Third and fourth defendant absent trial proceeds - Defendants adopting claimant's statement of case for evidence in chief
Federal Capital Investment & Finance Limited v The Minister of Labour & Social Security, The Industrial Tribunal and Jason Burgher
Judicial Review ─ Termination of employment contract ─Whether employee - Waived rights to challenge his termination ─ Two routes to determining issue of waiver ─ Delegatus non potest delegare - Labour Relations and Industrial Disputes Act 1975, S.11A (1)(a)(i) - The Interpretation Act, S. 34(2), Civil Procedure Rules.
CVM Television Limited v The Broadcasting Commission of Jamaica
Judicial Review – Application for leave – Television station holder of exclusive
broadcasting rights to English Premier League matches – Customer complaints to
Regulator that applicant advertised matches not broadcast online - Regulator
decided applicant engaged in misleading advertising as matches not broadcast as
advertised – Suitability of alternate remedies – Grounds and evidence relied on by
applicant must disclose arguable case – Failing test of arguability is a bar to grant
of discretionary relief
Lewis, Nicole v Barbee-Wooten, Daphne
Civil Practice and Procedure – Application to Amend Defence – Late Stage Amendment – Whether Amendment to Defence Permissible – Principles Applicable to Late Stage Amendment - Commencement of Action – Filing of Claim Form – Rule 8.1 – When is a Claim Commenced – Whether Date for Commencement of Action can be extended under rule 3.2(5).
Island Jamaica Limited v The Industrial Disputes Tribunal
Judicial Review – Employment – Unjustifiable dismissal not challenged – Compensatory Award challenged for being Wednesbury unreasonable – Failure of IDT to consider all relevant factors – Parity with previous awards absent from findings and not considered – Award irrational.
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