2023

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.

Sections 174, 178, and 179 of the Companies Act - Whether the Claimant is entitled to a re-transfer of his shareholdings in the company - Whether a resulting trust was created in favour of the Claimant - Whether the presumption of advancement is displaced - Whether the removal of the Claimant as director is valid - Whether the appointment of the 1st and 2nd Defendants as directors of the company is valid

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

Judicial Review – Irrationality and Unreasonableness – Breach of Natural Justice

Criminology - Detention – Review of Inmate Held at the Governor General’s Pleasure – Mentally Disordered Applicant – Applicant Deemed Detained at the Court’s Pleasure – Jurisdiction of the Court to Review Detention – Whether Applicant should be released unconditionally – Eligibility for Parole – Unfit to Plea – Civil Procedure Rules, Part 75 – Criminal Justice (Administration) Act s. 25A, 25B, 25C, 25D and 25E – The Judicature (Supreme Court) Act s. 28 – Parole Act s. 2 and 6

Judicial Review – Apparent bias – The test of the fair-minded and informed observer

Legitimate expectation – Legitimate expectation giving rise to a substantive right – What are the Claimants required to prove to establish a substantive legitimate expectation.

Assessment of damages – Motor vehicle collision – Negligence –– Damages –
Pain and suffering and loss of amenities - Special damages.

Interlocutory application - Striking Out - Summary Judgment, Fraud, Resulting Trust – Proprietary Estoppel.