Chen, Tyrone v Constance Cecile Alberga (Executrix of the Estate of Roderick Ivanhoe Francis, deceased) and Constance Cecile Alberga
Application to strike out statement of case – Limitation of Actions Act (LAA) – Simple contract – applicable limitation period – six years – ss. 3 and 46 LAA – no reasonable ground for bringing the claim – abuse of court’s process – No proof of oral agreement/ agreement in writing qualifying as a contract under seal, deed, specialty or obligatory writing for which the limitation period under s. 52 of the LAA is twenty years – Equitable jurisdiction of the court cannot override statute
Regina v Findlay, Kowain
Evidence – Live Link Video - Special measures - Application by prosecution - Whether vulnerable witness - Whether breach of right to a fair trial - Right to confrontation - Right to life - Bench trial - Evidence (Special Measures) Act, 2012, The Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act, 2011, The Constitution of Jamiaca (Order in Council), The Evidence (Special Measures) (Criminal Jurisdiction) (Judicature) (Supreme Court) Rules, 2016
Dystant, Monica v White, Mary
Defamation – Email sent to proprietors in Strata Corporation by Secretary - Whether words defamatory – Whether Defendant absolved under Registration (Strata Titles) Act, Section 9A – Qualified Privilege – Justification – Fair Comment
Jamaica Police Co-operative Credit Union Society v The Minister of Labour and Social Security
Judicial Review - Whether industrial dispute existed at the time of referral by the Minister - Waiver - Estoppel by conduct - Labour Relations and Industrial Disputes Act
Commission of Strata Corporation v Strata Appeals Tribunal
Judicial Review - Right to a fair hearing - Duty to give reasons - Right to be heard orally - Right to be present
Dawson, Sharryn v Diabetes Centre Limited
Injunctions - Whether American Cyanamid principles applicable if Defendant has no arguable defence to claim
Landlord and Tenant – Whether tenant can consent to irregular notice
Edwards, Leroy v Gonzales, Miguel
Application for inspection of Document - Whether the Defendant has a right to Withhold Inspection - Rules - 28.1;28.2;28.7;28.12
Williams, Avis v The Attorney General of Jamaica
Personal Injury - Negligence - Breach of duty of care - Employer’s duty to employee - Occupiers’ Liability Act - Common duty to take care - Assessment of damages.
Firearm License Authority v Ministry of Labour and Security, Industrial Disputes Tribunal and Reid, Milton
Application for Leave to apply for Judicial Review - Whether there was delay - Applicant saying Minister acted ultra vires in the referring the matter to the IDT - Whether the Applicant has an arguable case; Rule 56.
Thorburn, Diana et al and In the matter of section 29 of the Mental Health Act
Costs - Discontinued claim – Discretion of Judge to depart from general rule – Factors to consider in making costs orders in discontinued claims – Recovery of costs by non-party – Civil Procedure Rules part 64 and rule 37.6.
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