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Vision 

A world-class judiciary utilizing innovation and technology for efficient service delivery.

Mission

To provide sound, timely judgements and efficient court services in an environment where all stakeholders are valued.

Cameron, Wayne (Chairman of Jamaica Police Officers' Association) v Commissioner of Police

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 – Whether the threshold for leave to apply for judicial review is a low one Incorporated and unincorporated associations – Whether the police officers’ association is an incorporated or an unincorporated association – Whether the police officers’ association is an entity which is known to law Illegality – Whether the decision of the commissioner of police to direct that the position of the chairman of the police officers’ a

RN v SKIL and SM

Civil Procedure – Application for relief from sanctions – Multiple applications made by the claimant for relief from sanctions for the failure to file and exchange his witness statement within the time stipulated by order of the court – Application for relief from sanctions refused by the court – Res judicata – Whether the doctrine of res judicata applies to the subsequent application for relief from sanctions – Whether the doctrine of res judicata applies to discretionary decisions which are made at an interlocutory stage and before any findings of fact are made – Issue estoppel – Whether

Donaldson, Matthew v Brownie, Chescot, Henry McCUrdy and Garth Wilkinson et al

Injunction – Application for interim injunction – Whether the threshold test for the grant of an injunction has been met – Whether the applicant has demonstrated on a preponderance of the evidence that there is a serious issue to be tried – Fraud – Whether there is sufficient cogent evidence before the court to establish fraud – Presumption of advancement – Whether the presumption of advancement has been rebutted on the evidence – Balance of convenience – Whether the balance of convenience lies in favour of granting the injunctive relief sought – Damages.

Robinson, Kenya v Ashley, Her Honour Ms. Ashley

Judicial Review – Committal proceedings – Committal proceedings conducted by a single judge of the parish court sitting as an examining justice in a court of petty sessions – Accused person committed to stand trial in the circuit court for the offence of murder – Whether the decision of the examining justice is amenable to judicial review – Whether the statutory requirements for a committal on paper were complied with – Whether the impugned witness statement met the statutory requirements for admissibility – Whether the impugned witness statement purports to be signed by the maker and the r

Zelaya-Miller, Sandra v Getfield, Festus Consolidated with Zelaya-Miller, Sandra v Getfield, Festus

Property Law - Land – Registered land – Application to bring land under the Registration of Titles Act – Allegation of fraud – Meaning of fraud under the Registration of Titles Act – Whether title obtained by fraud – Whether the claim for fraud is statute barred.
Limitation of Act sections 3, 4, 8, 27 and 30

Gayle, Hupert v The Transport Authority

Civil Procedure – Application to strike out claimant’s statement of case – Claim for wrongful dismissal – Whether the claimant’s statement of case discloses any reasonable grounds for bringing the claim – The distinction between a claim for wrongful dismissal and one for unjustifiable dismissal – Whether the claimant’s statement of case ought properly to be struck out – Sections 11 and 11B, The Labour Relations and Industrial Disputes Act – Rules 9.6 and 26, Civil Procedure Rules, 2002, as amended

Whyte, Renee v Lawrence, Jermaine and Hepburn Shaw

Negligence – Motor vehicle collision – The duty of care – The duty of care in terms of proper care – Reciprocated duty – Road code – Breach – Effect – Breach creating no presumption of negligence – Contributory neglince - Credibility of witnesses.

Damages – Personal injury – Quantum of damages Road Traffic Act, sections 51(2), 53(1)(a) and (b) and 95(3), Island Traffic Authority Road Code, Part 2 – 1, 35, 39(b),(c),(d) and (e) and 40

Tharpe, Anthony v Walters-Wellington, Nicole and Bryan Sykes

Civil procedure – Striking out – Application to strike out claimant’s statement of case – Whether the claimant’s statement of case ought properly to be struck out – The approach of the court in dealing with an application to strike out – Whether the claimant has sufficiently particularized the claim – Whether the claimant’s statement of case as framed constitutes an abuse of the process of the court – Whether the claimant’s statement of case is prolix, frivolous and vexatious and without merit – Whether the claimant’s statement of case discloses any reasonable grounds for bringing the

Lee, Wendy (Administratrix of the Estate of the Late Thomas Chambers, deceased) v Fletcher, Patrick

Limitation of Actions – Land – Registered land – Trespass – Right to possession of land – Injury to possessory rights – What is deemed to be possession of land – Actual possession – Intention to possess land and the exercise of control over it to the exclusion of other persons – Nature and character of land – Unlawful and unjustifiable presence on land in the possession of another – Whether the 
claimant has proven that the defendant’s actions amount to the tort of trespass – Burden of proof – Standard of proof – Balance of Probabilities
Defence – Defence to trespass

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