Watson, Alvin v Passport Immigration & Citizenship Authority and the Attorney General of Jamaica
CIVIL PROCEDURE: Applications by the claimant and 2nd defendant for relief from sanctions, arising from the respective parties having failed to file and serve witness statements within the time ordered by the court - Whether the 2nd defendant’s application for relief, filed, is supported by evidence on affidavit - Whether the 2nd defendant’s application for relief was filed promptly - Whether the party in default, the 2nd defendant, generally complied with all other relevant rules, Practice Directions, orders and directions - Whether the failure to comply was unintentional - Wheth
Freedom Come Ministries International Limited v The Attorney General of Jamaica
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
Durrant, Tenroy v The Commissioner of Police and Assistant Commissioner of Police
Administrative Law - Judicial review - Whether delay bars grant of relief – Decision of Commissioner of Police not to confirm Constable on probation - Statutory Interpretation of The Police Service Regulations - Natural Justice -Meaning of show cause - Date of impugned decision is the date time begins to run - Deeming provision applies if Commissioner fails to act Jamaica Constabulary Force Act, section 3(2)(a), The Police Service Regulations, 1961, Regulations 24(6)(a), (b), Civil Procedure Rules 56.6(7), (3)
Spectrum Insurance Brokers Limited v The Industrial Disputes Tribunal and Mr. Laurel Smith
Judicial Review – Redundancy – Whether the Industrial Disputes Tribunal has jurisdiction over an industrial dispute concerning termination by way of
redundancy when referral by the Minister of Labour uncontested
Labour Relations and Industrial Disputes Act, Employment (Termination And
Redundancy Payments) Act
Civil Procedure Rules, 56.2(1), 56.2(2)(a)
Jamaica Redevelopment Foundation Inc. v The Attorney General of Jamaica and Industrial Disputes Tribunal
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.
Samuels, Jason v ATL Automotive Limited
Sale of Goods – New car – Implied condition as to fitness for purpose – Implied
condition as to merchantable quality – Whether fraudulent misrepresentation –
Repairs under manufacturer’s warranty – Acceptance by buyer – Application of the
provision – Specific article - Sales of Goods Act, sections 2, 12, 15, 35, 60.
Wong, Marvin and Freewill Development Limited v Bailey, Trevor; Carl Blissett and Earth Curve Holdings Limited
Civil Practice and Procedure – Inter-Partes Hearing on Application for Extension of
Interim Injunction – Whether or not the Claimants have a case with a real prospect
of success – Whether Claimants have put sufficient evidence before the Court that
they have a real prospect of success in establishing a beneficial interest in the
property.
JMMB Merchant Bank Limited v Finzi Winston and Mahoe Bay Company Limited (No. 2)
Mortgagee/Mortgagor dispute – Whether loan disbursed - Mortgagee exercising power of sale – Absence of proper records proving application of net proceeds of sale – Whether costs should be awarded on an indemnity basis against mortgagee.
Murphy, Martin v Free Hill Primary and Infant School Board of Management and Paulette Nelson
Judicial Review – Whether available alternative remedies are to be considered at the substantive hearing if not addressed at the leave stage – whether the Court can in its own discretion send the matter to the Appeals Tribunal if it is of the view that judicial review should not be granted
Allen, Headley and Doretha Authiloney Allen et al v Allen, Headley Jnr
Civil Procedure Rules, 2002 - Application to extend time to file defence - Whether delay inordinate - Whether good reason for delay - Whether defence has any real prospect of success - Fraud - registered title.
Pagination
- Previous page
- Page 13
- Next page