Wilson, Derrick v The Jamaica 4-H Club and The Attorney General of Jamaica
Judicial Review – Whether employee of a statutory body with full corporate
personality is a public officer within section 1 of the Constitution of Jamaica –
Whether employee was a ‘person entering the Public Service within section 1.4 of
the Staff Orders’ - Legitimate Expectation.
Buchanan, Kevin (Court appointed administrator of the estate of Ulysses Jabez Buchanan, deceased) and JB Limited v Buchanan, Elgiva et al consolidated with Buchanan, Banfield (Dwain Buchanan, the duly appointed committee by order of the Court) et al
Probate and administration of estates - Application to appoint administrator ad litem - Civil Procedure RUles 21.7 and 21.8 - Whether the executor under a last will and testament myst be appointed as a personal representationve of that estate - Criteria for apppointing personal representative - Conflict of interest - When can the Court exercise its power to appoint the Administrator General.
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.
Bogle, Faye Patricia v Murray, Aldington Bruce
Succession – Probate – Validity of a Will – Forgery – Fraud – Has the presumption of validity been rebutted – Revocation of a Grant of Probate – Is the absence of all the relevant parties material such that the matter cannot proceed – Is the principle of laches applicable – Joinder and Interested Parties – Is the Expert Report admissible – Should the Court pronounce for the force and validity of the Will – Wills Act section 6 – Civil Procedure Rule 32.13 and 68.56.
Gayle, Hupert v The Transport Authority
Civil Procedure – Application to strike out claimant’s statement of case – Claim for wrongful dismissal – Whether the claimant’s statement of case discloses any reasonable grounds for bringing the claim – The distinction between a claim for wrongful dismissal and one for unjustifiable dismissal – Whether the claimant’s statement of case ought properly to be struck out – Sections 11 and 11B, The Labour Relations and Industrial Disputes Act – Rules 9.6 and 26, Civil Procedure Rules, 2002, as amended
Whyte, Renee v Lawrence, Jermaine and Hepburn Shaw
Negligence – Motor vehicle collision – The duty of care – The duty of care in terms of proper care – Reciprocated duty – Road code – Breach – Effect – Breach creating no presumption of negligence – Contributory neglince - Credibility of witnesses.
Damages – Personal injury – Quantum of damages Road Traffic Act, sections 51(2), 53(1)(a) and (b) and 95(3), Island Traffic Authority Road Code, Part 2 – 1, 35, 39(b),(c),(d) and (e) and 40
Verticast Media Group Ltd. v Digicel (Jamaica) Limited, Columbus Communications Jamaica Limited and Cable and Wireless Jamaica Limited
Costs - Whether costs are payable by the claimant on withdrawal of an interim application - Civil Procedure Rules 64.6(3) and (4) and 37.6(1).
Thompson, Steven v Brown, Barrington and Patricia Carnegie-Smith
Negligence - Road Traffic Accident – Damages for personal injuries.
Campbell, Dayton v The Attorney General of Jamaica
CONSTITUTIONAL LAW – The Constitution of Jamaica – Section 13, 19, & 20 of The Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act, 2011 – Whether the Claimant has locus standi – Whether the States of Public Emergency were imposed for a proper purpose within the meaning of Section 20 of the Constitution – Whether the imposition of States of Public Emergency was reasonably justifiable – Whether the imposition of States of Public Emergency was demonstrably justifiable in a free and democratic society – Whether the imposition of States of Public Emergency breached the
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