The Hon. Mr. Justice David Fraser

Davis, Marlene v Davis, Hugh Ashley

Date of separation - Divisin of family home - Equal share rule - Partnership of equals - Variarion of equal share rule - Unjust - Unreasonable - Factors to be considered - What is fair and just in the circumstances - Contribution - Other factor - Ownership of other property - Burden of proof - Division of property other than family home - Occupation rent - Mense profit - Definition of property - Inherent jurisdiction.

Cameron, Mervin v Attorney General of Jamaica No. 2

Constitutional law – Violation of right to trial within a reasonable time – Order for constitutional damages as compensation – Components and level of compensation – Charter of Fundamental Rights and Freedoms, Sections 14 (3) time at which it is most appropriate for assessment to be undertaken

Spur Tree Spices Jamaica Limited v The Minister of Labour and Social Security

Accusation of theft –Summary dismissal of employees – Failure to comply with the 
Labour Relations Code – Offer of reinstatement – Meaning of reinstatement in fact 
and law – Disciplinary hearings on same facts which triggered improper dismissals 
– Propriety of condition subsequent to reinstatement – Definition of industrial 
dispute – Whether there was an extant industrial dispute at time of Minister’s 
referral – Need for second complaint after second dismissal  – Minister’s referral 
ultra vires s. 11A Labour Relations and Industrial Disputes Act 

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

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