Negligence – Duty of care owed to pedestrians

CONSTITUTIONAL LAW – The Jamaica (Constitution) Order in Council, 1962, section 48 and 49 – Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act, 2011, sections 17(1) and 20 – Whether section 26(2) of the Disaster Risk Management Act breaches the Claimant’s right to freedom of religion guaranteed by section 17(1) of the Charter – Whether breach of the right to freedom of religion by section 17(1) of the Charter is demonstrably justified in a free and democratic society – Whether Regulations under section 26(2) of the Disaster Risk Management Act must comply with section

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.

Section 2 (1) of The Property Rights of Spouses Act - Definition of spouse – The intention of the parties.

Damages for malicious prosecution – Special damages must be specifically pleaded and proved.

Employment terminated by letter – Company offers to reinstate employee – Does the employee have to accept reinstatement – What is the effect of the failure of the employee to accept the offer of reinstatement.

Judicial Review – Procedural Impropriety – Breach of Section 125 of the Constitution of Jamaica – Breach of Regulation 43 of the Public Service Regulations – Breach of Sections of the Charter of Fundamental Rights and Freedoms – Damages

Breach of Contract – Application for Oral Evidence where an application for relief from sanctions was refused

Section 13 (3) (l) of the Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act 2011 – Whether the right has been engaged – Breach of contract – Assessment of damages for breach of contract – Private nuisance – What is the remedy in damages for a claim in private nuisance.

Judicial Review – Irrationality and Unreasonableness – Breach of Natural Justice