Judicial review - Legitimate expectation - Government’s policy for computation of salaries of legal officers - Policy linking legal officers’ salaries to judges’ salaries - Change of policy by government - Legislation effecting change in policy - No notification to legal officers - No consultation before change effected - Breach of legal officers’ legitimate expectation - Whether breach of legitimate expectation justified - Whether legitimate expectation overridden by legislation - Appropriateness of case for judicial review - Whether alternative remedy exists - Whether declaratory relief a
Declarations - Constitutional Redress – Sections 13(3) (g) & (h) of Charter of Fundamental Rights and Freedoms – Right to equality before the law – Right to equitable and humane treatment by any public authority – Sections 21 & 22 of the Constabulary Force Act – Section 58 of the Road Traffic Act – The Kingston Metropolitan Transport Region Act - Alternative/adequate means of redress available – Permanent injunction.
Application to Set Aside or Vary Order Granting Permission for Filing Ancillary Claim – Whether Appropriate Application – Whether Applicants Should Have Filed Appeal against Order – Whether Ancillary Claim Appropriate Based on the Grounds Stated – Provision in Policy of Insurance for Arbitration – Whether Ancillary Claim Should Await Outcome of Arbitration of Issues – Subrogation – Alleged Negligence of Attorney-at-law.
Application for Leave to Apply for Judicial Review - Rule 56 of the Civil Procedure Rules (CPR) – Whether Requirements Satisfied – Whether Strata Corporation in Breach of National Water Commission Act and Office of Utilities Regulation Act – Whether Decision of Strata Appeals Tribunal Irrational and/or Unreasonable.
Entry of Default Judgment for Failure by Defendant/applicant to Attend a Hearing - Rule 27.8(5) & (6) of the Civil Procedure Rules – Application to Set Aside Such a Judgment – Rule 39.6 of the CPR - Whether Requirements Satisfied – Application to Set Aside Judgment ex debito justitiae - Inherent Jurisdiction of the Court – Whether Claim One for a Specified Sum of Money – Rule 12.8 of the CPR – Whether Assessment of Damages Necessary.
Application for Interim Payment - Rule 17.6 (1) & (2) of the Civil Procedure Rules – Principles Governing Such a Grant – Defence of “Agony of the Moment” or “Inevitable Accident” - Affidavit of Information and Belief - Whether Requirements for Such an Affidavit Met- Rule 30.3 (1) & (2), CPR.
Application to Strike Out Claim – Whether Claim Should Have Been Begun as an Application for Judicial Review – Appointment to Board of Statutory Body – Termination before Expiry of Fixed Term - Claim for Remuneration.
Income Tax Act – Section 5 (1) (c) (ix) - Whether Agreements between Taxpayer/Appellant and Workers Contracts for Services or of Service – Whether Persons Working with Taxpayer Employees or Independent Contractors – Education Tax – Purposive Construction.
“Independent” Claim for Disclosure – Connected Defamation Action – Application for Disclosure of Name of Alleged Joint Tort-feasor – Defence in Connected Claim of Qualified Privilege and Fair Comment on a Matter of Public Interest – The “Newspaper Rule”- Whether Applicable – Rule 69.7 of the Civil Procedure Rules (CPR) - The Defamation Act, 2013 – Whether Retrospective.