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Robinson, Cindy v The Attorney General of Jamaica

Case Number: 
SU 2019 CV 04326
Neutral Citation: 
[2021] JMFC Full 1
Date of Delivery: 
22.01.2021

Constitutional law – Breach of right to a fair trial within a reasonable time – Delay
in judgment being delivered – Impossibility of judgment being lawfully delivered
the Judge having retired – Whether a retrial ought to be ordered – Burden of
proof as regards whether a retrial ought to be ordered – Remedies – Whether
compensation ought to be awarded to the claimant as damages arising from the
breach – Assessment of sum to be awarded – Whether award can include
damages and costs in original claim – Charter of Fundamental Rights and
Freedoms (Constitution Amendment) Act, 2011, section 16(2) – The appropriate
costs order to be made in respect of this claim – Civil Procedure Rules, 2002, rule
64.6 (3) and 64.6 (4) (b) and (d)

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