Lawrence, Owen v Lawrence, Calvin
Land - Last Will And Testament of Father of Parties - Title Obtained By Fraud - Executor breaching duty of trust by registering trust property in sole name - Co-Executor unaware of fraud - Injunction - Section 24 of the Registration of Titles Act, 1889,
Section 3 and 5 of the Real Property Representative Act, 1903, Section 43 of the Trustees Act, 1987
Delaphena, Sandra v THe Board of Management of Black River High School, Teachers' Appeal Tribunal, The Minister of Education and the Attorney General of Jamaica
Judicial Review – Dismissal of Teacher – Allegation of failure to submit lesson plans – Fair Hearing – Breach of the Education Regulations – Procedural Impropriety – Bias – Whether right to Cross-Examine – Hearsay Evidence – Defects in the Application of the Rules of Natural Justice by an Inferior Tribunal can be Cured by a Subsequent Proceeding in an Appellate Court or Tribunal with Review Powers - Irrationality and Failure to Consider Breaches of Natural Justice in ruling of Teachers Appeal Tribunal - Statutory Interpretation
Warren, Gavin (By next friend Charmaine Nisbeth v The Minister of National Security and The Commissioner of Corrections et al
Civil Procedure - Application to strike out amended statement of case – Parties to
litigation must have mental capacity - Words “incapable of managing his or her
own affairs” not defined in Mental Health Act or Civil Procedure Rules - Court may
put matters right in keeping with the overriding objective – Order is retrospective
to date of commencement of the claim – Amendment to pleadings overtakes
original pleadings
IBP Outsourcing Limited v Unique Four Limited
Nuisance – Commercial Lease – Noise from Adjoining Nightclub – Landlord liable in Nuisance if Participated Directly – Whether Landlord Liable for Breach of Covenant of Quiet Enjoyment – Whether Doctrine of Frustration applies – Alteration to Premises – Unstamped Lease Agreement Inadmissible for Enforcement of its Terms – Common Law – Privity of Contract – Parties agreed to be bound - The Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act, 2011, section 16(2) - The Stamp Duty Act, section 36
Codner, Denvan v The Land Surveyor's Disciplinary Committee of Jamaica
Judicial Review − Student Surveyor served by registered post fails to appear at disciplinary hearing – Finding of guilt made in absentia – Sentence – Appeal from sentence – Judicial review of finding of guilt of Committee - Appeal from sentence to Court of Appeal – Challenge to finding of guilt and sentence concurrently in Supreme Court and Court of Appeal – No application for stay of proceedings in Court of Appeal – Court of Appeal reduces sentence before judicial review is complete – Effect on judicial review proceedings.
Robinson, Kenya v Ashley, Her Honour Ms Sasha
Judicial Review – Application for leave - Whether a member of the Jamaica Constabulary Force can record his/her own statement as both its maker and recorder – Parish Judge committed accused to stand trial in Circuit Court – Whether statutory requirements for committal on paper complied with – Whether insufficiency of evidence or error in reception of evidence – Statutory interpretation.
Committal Proceedings Act, Committal Proceedings Rules, 2016, Part 56 Civil Procedure Rules.
Senior, Kenton v Walker, Joan Guy
Application for leave to apply for judicial review - Immigration Officer placed on interdiction – Whether improper delegation of authority – Whether there was one continuous illegal act against which time did not begin to run - Subjective state of
mind of the applicant, and his decision to delay challenge not relevant to the application of rule 56.6(1) - An act does not extend over a period simply because the act has ‘continuing consequences’ - Delay bars grant of leave - Threshold test
failed.
Part 56 Civil Procedure Rules
Bellegarde, (Executrix, Executrix Estate Lloyd Winston Wilson, deceased) v Lewis, Donovan and Ideal Betting Company Limited
Company Law – Oppression – Breach of Reasonable Expectation –– Fraud – Directors’ duties – Breaches of Articles of Association and Companies Act –
Shareholders’ remedies - Companies Act, 1965, Section 213A Companies Act, 2004
Edwards, Rick v Director of Public Prosecutions
Appeal – Bail - Appeal from refusal by Parish Judge – Statutory interpretation – Strength of case against defendant – Good faith - Duty on Appellant – Meaning of sufficient cause – Constitutional provisions conferring entitlement to bail.
Durrant, Tenroy v The Commissioner of Police and Assistant Commissioner of Police
Administrative Law - Judicial review - Whether delay bars grant of relief – Decision of Commissioner of Police not to confirm Constable on probation - Statutory Interpretation of The Police Service Regulations - Natural Justice -Meaning of show cause - Date of impugned decision is the date time begins to run - Deeming provision applies if Commissioner fails to act Jamaica Constabulary Force Act, section 3(2)(a), The Police Service Regulations, 1961, Regulations 24(6)(a), (b), Civil Procedure Rules 56.6(7), (3)
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