The Hon. Miss Justice Anne-Marie A. Nembhard

Salada Foods Jamaica Limited v Jamaica Agricultural Commodities Regulatory Authority

Judicial review – Application for leave to apply for judicial review – Threshold test – Whether the applicant has an arguable ground with a realistic prospect of success – Doctrine of ultra vires – Whether statutory authority acted ultra vires – Principle of illegality and irrationality – Whether statutory authority acted illegally and irrationally – Principle of equitable treatment – Whether statutory authority acted unfairly and inequitably – Whether the waivers granted by the statutory authority gave rise in law to a legitimate expectation on the part of the applicant – Whether the appli

Robinson, Cindy v The Attorney General of Jamaica

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

Witter, Alverine v Gore Development Limited and National Water Commission

Negligence – Damage to property – The duty of care owed by utility company to homeowner – Breach of the duty of care – Doctrine of res ipsa loquitur – Causation – Foreseeability of damage – Remoteness of damage – Basis on which damages are to be assessed – Whether special damages have been specifically pleaded and specifically proven – Quantum of damages – Whether the court should deviate from the breach date rule in the assessment of damages in the interest of justice

Wilks, Rasheed v Williams, Donovan

Civil procedure – Defence – Whether the defence filed amounts to a bare denial – Application to strike out portions of witness statement on the basis that it introduces facts not pleaded – Defence of automatism – Application to strike out defence of automatism – Res judicata – Doctrine of res judicata – Issue estoppel – Doctrine of issue estoppel – Civil Procedure Rules, 2002 – Rules 10.5, 20.1, 20.4, 26.3, 1.1 and 1.2

Gilpin, Courtney v Shackleford, Valrie Consolidated with Shackleford, Paulette and Shackleford, Sylbourn v Shackleford, Valrie

Wills – Construction – The appropriate construction to be applied to particular clause in a will – Whether fee simple absolute was bequeathed – Whether will created a settlement – Perpetuities – The rule against perpetuities – Whether particular clause in the will offends the rule against perpetuities – Whether particular clause in the will is void for uncertainty – Repugnancy – The doctrine of repugnancy – Whether particular clause in the will infringes the doctrine of repugnancy – Recovery of funds expended in accordance with the will – The Wills Act, section 23, The Settled Land Act, sec

Alba, Severin v The Minister of Labour and Operadora Palace Resorts (JA) Limited trading as Moon Palace Jamaica Grande

Judicial review – Constructive dismissal – Whether a constructive dismissal constitutes a termination of employment as contemplated by the Labour Relations and Industrial Disputes Act – Labour Relations and Industrial Disputes Act, sections 2 and 11
Costs – Whether a cost order should properly be made in the circumstances – Whether it is appropriate for a cost order to be made against an intervening party, 
Civil Procedure Rules, 2002, rules 56.15(4) and (5), 64.3, 64.6(1), 64.6(3), 64.6(4)(a),(b),(d)(i) and (ii), (e)(i), (ii) and (iii), 64.6(4)(f) and 64.6(4)(g)

Guyah, Omar and Brown, Cordella v Drummond, Jack and Lawrence, Winston et al

Evidence – Witness summons and witness summary issued by a party for an opposing party – Validity of witness summons – Application to strike out witness summary – Application to strike out portions of the claimants’ statement of case on the basis that it is a collateral attack on a previous decision of the privy council – Civil Procedure Rules, rules 29.6 (3), 33.2, 33.3(4) and 33.3(5)

Clarke, Claudette (Administratrix of the Estate of Keith Clarke, deceased and in her own right) v Tinglin, Greg; Buckley, Odel et al

Constitutional law – Constitutionality and validity of good faith certificates – Whether good faith certificates infringe the doctrine of separation of powers – Whether good faith certificates supersede the prosecutorial powers of the Director of Public Prosecutions – Whether good faith certificates which were issued outside of the period of emergency are ultra vires, null and void – The Jamaica (Constitution) Order in Council, 1962, Emergency Powers Act, section 3, Emergency Powers Regulations, 2010, regulations 45 and 46

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