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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.

The Hon. Miss Justice Anne-Marie A. Nembhard

Palmer, Adidja v Minister of National Security, Superintendent of Tower Street Adult Correctional Centre and the Attorney General of Jamaica

Injunction – Application for the grant of an interlocutory injunction – Application for the grant of an interlocutory injunction made against the background of a constitutional claim challenging the legality of an inmate being held in solitary confinement – Whether there is a serious issue to be tried – Whether the application is frivolous and vexatious or amounts to an abuse of the process of the court Natural justice – Due process – Inmate allegedly found in possession of a prohibited article – Inmate employed to his cell while investigations are pending – Whether inmate afforded the righ

Anderson, Roy K v Clacken, Dwight

Defamation – Publication containing defamatory imputation against the claimant – Meaning of words published – Implications – Innuendo
Burden – Burden of proof – Standard – Standard of proof – Whether the intention of the defendant is relevant –
Defence – Defence of truth – Defence of fair comment
Damages – Principle of compensation to an individual claimant – The Defamation

Grant, Victoria, Linsford Hamilton and Cyril Anderson et al v Noranda Jamaica Bauxite Partners, Noranda Jamaica Bauxite Partners 11 et al

Injunction – Application for the grant of an injunction – Threshold test – Whether there is a serious issue to be tried – Balance of convenience – Whether the balance of convenience lies in favour of the grant of injunctive relief – Irreparable harm – Whether the applicants would suffer irreparable harm should the application for the grant of an injunction be refused – Whether the respondents would suffer irreparable harm should the application for the grant of an injunction be allowed – Application for the grant of an injunction made against the background of a constitutional claim challen

Grant, Victoria and Linsford Hamilton et al v Noranda Jamaica Bauxite Partners, New Day Aluminium (Jamaica) Limited et al

Constitutional law – Fundamental rights – Redress – Constitutional claim challenging the lawfulness of bauxite mining activities on the part of the defendants – Breach of fundamental rights – Right to life – Right to receive information – Right to reside in any part of Jamaica – Right to enjoy a healthy and productive environment free from the threat of injury or damage from environmental abuse and degradation of the ecological heritage – Right to protection from degrading treatment.

Grant, Jamar v Lee, Angela and Kirk Lee(1)

Civil Procedure – Interlocutory application to strike out impugned paragraphs contained in specific affidavits – Relevance – Whether the evidence contained in those affidavits is relevant – Admissibility – Admissibility of evidence contained in specific affidavits – Whether the statements contained in the affidavits are scandalous – Whether the statements contained in the affidavits are irrelevant or otherwise oppressive rendering them inadmissible – Whether the statements contained in specific affidavits if allowed to remain would impede the just disposition of the matter – Whether the pre

Hudson, Winston v Fagan, Michael and Yvonne Fagan

Injunction – Threshold test – Whether serious issue to be tried – Whether the balance of convenience lies in favour of the grant of injunctive relief – Whether damages are an adequate remedy
Restrictive covenant – Breach of restrictive covenant – Whether the restrictive covenant creates an inviolable right – Whether the restrictive covenant creates an absolute right for all time – Defence – Whether delay or acquiescence

N O (A child represented by the Children's Advocate v The Attorney General of Jamaica

Constitutional Redress - Sections 14 (3), 16 and 19(1) of the Charter of Fundamental Rights and Freedoms - Existence of parallel legal remedy - Whether claim for constitutional redress constitutes and abuse of court process
Child Care and Protection Act - Sections 65, 71, 72, 76 and 82 - Whether the making of a Correctional Order by a Judge of the Family Court is intra vires the Act

Guyah, Omar and Cordelia Brown v Rowe, Devon, Financial Secretary and the Attorney General et al consolidated with Guyah, Omar et l v Drummond, Jack and Winston Lawrence et al

Interdiction – Whether there should be a hearing before a public officer is interdicted – Whether there should be a hearing before salary is withheld upon interdiction - Whether salary constitutes property
Tort – Malicious prosecution – Whether the customs officers acted with malice in prosecuting the claimants – Whether the customs officers acted with reasonable and probable cause in prosecuting the claimants –

Melbourne, Erlene (Administratrix in the estate of the late Osbourne Melbourne, deceased) v Jamaica Infrastructure Operator Limited and The Attorney General of Jamaica

Tort – Breach of statutory duty – Whether a statutory duty of care is imposed on the highway authority – Whether the highway authority breached the statutory duty – Liability of highway authority Occupiers’ liability – Common duty of care – Degree of care – Use of the highway – Motorist injured while using the highway – Unidentified object thrown by unidentified persons from overhead bridge along the highway –Object impacted motorist – Whether the highway is considered to be premises in accordance with the statute – Whether the highway authority is an occupier – Whether motorist is a visito

Joseph, Robert v Moutary, Issoufou

Negligence – Medical negligence – The duty of care owed by a medical practitioner to a patient – Breach of the duty of care – Causation – Foreseeability of damage – Remoteness of damage
Damages – Tenderness to the right lower abdomen – Indication of bacterial infection – Localized free air outside the bowel – A sentinel loop of bowel – Perforation of the sigmoid colon resulting from prior colonoscopy – Quantum of damages

 

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