Jamaica Redevelopment Foundation Inc. v The Attorney General of Jamaica and Industrial Disputes Tribunal
Constitutional Law – Separation of Powers – Right to due process – Whether
breach of the right to a fair hearing – Whether as presently constituted the
Industrial Disputes Tribunal is an independent and impartial authority
Constitution of Jamaica (Order in Council), 1962, sections 7(2), 8(2) - Charter of
Fundamental Rights and Freedoms, section 16(2) - Labour Relations and Industrial
Disputes Act, sections 7(2) and 8 (2)(c), Second Schedule, sections 1, 2, 3, 4 and 7.
Paulwell, Phillip and Peter Bunting v The Attorney General of Jamaica
Constitutional Law - Constitutional Amendment to increase retirement age of the Director of Public Prosecutions – Whether the impugned Act is inconsistent with the supremacy clause and void – Whether the impugned Act amended the Constitution – Whether section 2 of the impugned Act may be struck down on the grounds of improper purpose as unconstitutional– Whether the impugned Act may be struck down for contravening the principle of separation of powers – Whether section 2 of the impugned Act has the effect of circumventing the constitutionally mandated process for the extension of
Hinds, Denzel v Hinds, Rowan
Assessment of damages – Motor vehicle collision – Negligence –– Damages –
Pain and suffering and loss of amenities - Special damages.
Smith, Sonia and Donovan McKenzie et al v The Council of the Kingston and St. Andrew Municipal Corporation, The Kingston and St. Andrew Municipal Corporation et al
Application for leave to appeal – Relevant Test – Rule 1.8(9) CAR - Judicial Review – Part 56 CPR - Lapse of Time – Whether there can be a second application for judicial review – Is a second application the same as a renewal
Levy, Rosemarie v Richard McLeoa and Winston Thompson
Assessment of Damages –– Personal Injury –– Motor vehicle accident –– Negligence –– Pain and suffering and loss of amenities –– Special damages –– Soft tissue injury to left waist –– Multiple abrasions to skin –– Whiplash injury of cervical spine –– Traction brachial plexopathy –– Chronic Lumbosacral strain – – Bilateral Knee Medial Bursitis –– Left Metatarsalgia –– 3% whole person impairment.
Administrator General of Jamaica (Administrator of Estate of Gregory Omair Sinclair) v National Commercial Bank and Dionne Ellis Consolidated with Kaydian Linton v National Commercial Bank et al
Motor Vehicle accident – Negligence - Duty of motorist while turning from major road to minor - Negligence – Duty of care – Overtaking along unbroken white lines.
Tummings, Kimarla v Baker, Winston and Tennyson Foster
Civil procedure – Application to set aside default judgment pursuant to rule 13.3 of the Civil Procedure Rules – Application to extend the validity of the Ancillary Claim Form – Application to extend the validity of the Ancillary Particulars of Claim – Whether the Defendant has a real prospect of successfully defending the claim – Whether the Defendant has a good explanation – Delay – Risk of prejudice.
Manning, Melissa v Team HGS Limited (trading as Hindujah Global Solutions)
Civil Procedure – Application to strike out parts of an affidavit – Without prejudice rule – Exceptions to/limitations of the rule – Relevant and admissible
Lawrence, Lowan v Bhatija, Mukesh Suresh
Civil Procedure Rules –– Application to set aside Default Judgment –– Real prospect of success –– Year delay between acknowledgment of service and application to set aside –– Affidavit of merit and defence being provided by Counsel –– Loss of telephone and inability to communicate with Counsel –– Possible prejudice.
Kent, Desmond v Williams, Navada and Marlene Thompson
ASSESSMENT OF DAMAGES –– Personal Injury –– Pedestrian hit by motor vehicle –– Motor vehicle collision –– Negligence –– Pain and suffering and loss of amenities –– Special damages –– Tenderness over 9th ribs –– Fracture to 9th left rib –– Chronic Pain –– Post-Traumatic Stress Disorder –– Moderate tenderness over left and right anterior 7th ribs.
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