The Hon. Mr. Justice David Fraser

Regina v Howitt, Lenworth

DNA Evidence Act 2016 − Non-intimate sample sought from accused − Accused
consented then withdrew consent to provide sample − Whether Court order
required for the taking of a non-intimate sample from an adult who does not
consent − Whether sample can only be taken during the “investigative stage”
before a defendant has been charged and placed before the court − Interpretation
of Sections 2, 15, 20 and 25 of the Act.

Cameron, Mervin v Attorney General of Jamaica

Constitutional law – Allegations of violation of right to trial within a reasonable
time – Whether violation of reasonable time standard results in grant of stay
automatically – How analysis is to be done – Factors to be considered when
determining whether reasonable time standard violated – Consequences of
violation – Charter of Fundamental Rights and Freedoms, Sections 14 (3) and 16
(1) – Canadian Charter of Rights and Freedoms, Section 11 (b)

Peralto, Neville and Chin-Peralto, Carla v COK Sodality Co-operative Credit Union Ltd.

Application for prohibitory and mandatory injunctions - Ultimate test for grant - Court should adopt the course that will cause the least irremediable prejudice to one or the other party - Adequacy of damages - Balance of convenience - No exceptional circumstances justifying departure from Marbella principle - Effect of delay on application for injunctive relief - Disirability of preserving status quo.

Imperial Suites Hotel Limited v Johnson, Leroy

Application for court to discontinue part-heard application to strike out defence
and enter summary judgment, commenced in absence of lead counsel for the
defence who was ill – Client’s constitutional right to be represented by attorney of
choice – Whether breach of right to fair hearing and equality before the law –
Whether inappropriate material relied on in affidavit in absence of lead defence
counsel – Whether irremediable prejudice suffered by defendant – Court’s ongoing

Small, Jimmy v Lawrence, Julius and Burke, Ephraim

CPR Part 14 − Withdrawal of Admissions
exercise of the court’s discretion whether or not to permit a defendant to withdraw an admission − Defence of Inevitable Accident establish the defence

White, Claudette v Mullings, Cyril et al

Whether claim limited to causes of action specifically pleaded– breach of contract–
elements of contract– informal family arrangements– intention to create legal relations–
presumption of fact– mutual love and affection–assurance by word or conduct–
reliance– detriment– whether defendants’ action unconscionable– unjust enrichment–
restitution– receipt of benefit at claimant’s expense– whether unjust to retain benefit–
principles of equity– no agreement or promise made in writing– to what extent equity
mitigates the rigours of the law

Rowe, Richard v Thompson, Joseph Lloyd

Negligence – Duty of care – Action to avoid accident – Duty to observe ordinary care care to avoid injury to person and damage to property
out and observance of traffic light.

 

The Jamaican Bar Association v The Attorney General and the General Legal Council

The Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act, 2011– Whether the Regime infringes sections 13(3)(a),(c), (j) and (r), 14(2)(d), 16(1), (2) and (6)(c) of the Charter – The Proceeds of Crime Act, 2007, as Amended – Whether the reporting obligations imposed on attorneys by sections 94 and 95 breaches attorney/client privilege, legal professional privilege,

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