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
Constitutional law - Parliament - The Senate - Appointment of Senator - Resignation of Senator - Removal of Senator - Pre-Signed and undated letters of resignation and authorization given to leader of opposition by Sanator at time of appointment to use letters at his sole discretion to effect resignation of Senator – Senator refusing to resign - Use of the letters by the leader of oppositon to effect resignation of the Senator – Whether authority to use letters revoked - Whether letters unconstitutional - Whether the request for and use of the letters by the leader of the opposition uncon
IN THE SUPREME COURT OF JUDICATURE OF JAMAICA CLAIM NO. 2010 HCV 01454
UNIVERSITY OF TECHNOLOGY, JAMAICA
Ms. Aisha Mulendwe and Patrick Forrester for the claimant Gavin Goffe and Jermaine Case instructed by Myers, Fletcher & Gordon for the defendant Heard: 2, 3 and 4 October 2013, 10 & 20 December 2013 & 19 September 2014
Civil procedure - Application to strike out - Breach of contract - Refusal to strike out - Alternate sanction imposed - Order for payment of costs - Interest awarded on costs - Whether award of interest on costs excessive or unfair - Appropriate period for award of interest - Consideration applied - Judicature (Supreme Court) Act SS 51(1), Rules 64.6(5)(H); 65.15 & 65.19.
Civil Procedure - Applicatin to strike out - Order for specific disclosure - Non compliance with order - Unless order for filing of witness statements - Witness statements filed after date specified - Discrepancies between witness statements and witness summaries - Whether unless order complied with - Previous breaches of court orders - Whether striking out most appropriate sanction - Relevant considerations - Prejudice - Delay - Civil Procedure Rules (CPR) 2002, Rules 26.3 (1) (a); 28.1(4); 28.2; 28.4(1); 28.6; 28.7; 29.6(2); 29.7(2) and 29.7(3)
Constitutional law - Fundamental rights and freedoms - Mutual legal assistance in criminal matters - Request of foreign state for taking of evidence from witnesses in Jamaica - Witnesses refusing to co-operate – Application of central authority for order for witnesses to give evidence on oath - Order granted – Whether order an abuse of process – Whether order breached constitutional rights of witnesses - Right to equitable and humane treatment – Right to be free from discrimination on political grounds - Right to fair hearing – Right to due process - The Mutual Assistance (Criminal Matters)
Judicial review – Application for leave for judicial review filed out of time - Application to Extend time to apply for leave – Undue delay – Whether there is a decision for the Purposes of judicial review – Whether good reason exists for extension to be granted –Considerations for exercise of court’s discretion to extend time - CPR, 56.2; 56.6(1); 56.6 (2 );56.6 (3) 56.6(5).
Judicial review - application for leave to apply for judicial review - Mandamus- Commission of enquiry - Commissioners failing to submit report on completion of enquiry - Legitimate expectation - Delay - Test to be applied for leave - Whether applicant satisfies the test for leave to be granted - The Civil Procedure Rules 2002 (the CPR), 56.2 (1); 56.2 (2); 56.3 (3); 56.6 (1); - The Commissions of Enquiry Act, ss. 2 ,5, 7, 10 & 13.