The Hon. Miss Justice Anne-Marie A. Nembhard

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

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

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

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.

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

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

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

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 –

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

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