2023

Whether claim is an abuse of process - Constitutional law - Section 16(2) of the Constitution - Right to Due Process - Public Service Regulations - Jamaica Library Board Administrative Rules Governing Disciplinary Procedure Affecting Permanent Officers and Employees – Withholding of salary on interdiction – Stay of Disciplinary Proceedings – Remedy for breach of constitutional rights.

CONSTITUTIONAL LAW – The Constitution of Jamaica – The Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act, 2011, sections 13(2) and (3)(j)(iii), 16(2) & 19 – Whether section 21 of the Cybercrimes Act breaches the Claimant’s fundamental rights and freedoms guaranteed under section 13(3)(j)(iii) of the Charter – Whether any breach of the Claimant’s right to privacy guaranteed under section 13(3)(j)(ii) of the Charter are demonstrably justified in a free and democratic society – Whether breach of Claimant’s rights guaranteed under section 16(2) – Proportionality - Pr

Civil Practice & Procedure - Company Law – Section 213A of the Companies Act – Conduct that is oppressive and/or unfairly prejudicial and/or unfairly disregards interest of shareholder, director or officer of the company – Reasonable expectation – Appropriate Remedy 

Civil Practice & Procedure – Application for Relief from Sanction – Whether Application Made Promptly – Whether Issues of Instructions and Retainer Between Counsel and Client is to be considered as part of the question of the promptness of an Application for Relief from Sanction – Whether or not Counsel’s Failure to Comply with Case Management Orders Due to Issues with their Client Shows that the Failure to Comply was Unintentional – Whether Issues of Instruction and Retainer Between Counsel and Client is a Good Explanation for Non-Compliance.

Negligence - Motor vehicle accident - Res ipsa Loquitur - Contributory negligence – Apportionment of liability – Assessment of Damages – Whether claim for lost wages which was not pleaded should be allowed.

Civil Practice & Procedure - Striking out statement of case – No reasonable ground for bringing the claim – Claim is frivolous, vexatious or otherwise an abuse of the process of the Court – Civil Procedure Rules 26.3 (1) – Statement of case (Certificate of Truth) – Civil Procedure Rule 3.13 – Defendants not a proper party to the claim – Crown Proceedings Act section 3(5) – Extension of time to file defence – Civil Procedure Rules 10.3 (9) and 26.1 (2) (c) & (v) – Application for default judgment 

Constitutional Law – Charter of Rights - Savings Law Clause - Offences Against the Person Act - Whether the savings law clause precludes enquiry by court - Meaning of “sexual offence” - Whether court bound by the parties’ statement of meaning - Whether buggery is a sexual offence.

Contract - Duress  Whether Threat of Criminal Proceedings Illegitimate Pressure - Lawful Act Duress 

Insolvency– Sections 137, 138, 144 and 145 of the Insolvency Act, 2014 – Regulation 49 (2) of the Insolvency Regulations, 2015 – Whether the automatic discharge of a first time bankrupt should be refused – Facts relevant to discharges

Notice of Application for court orders vacating previous order – Rule 26.1(7) of the Civil Procedure Rules 2002, as amended – Applicable principles – Whether Court should exercise its discretion to revoke an earlier judgment and orders.