The Hon. Miss Justice Anne-Marie A. Nembhard

Civil Procedure – Application to have affidavits stand as filed – Affidavits filed in support of an application for leave to apply for judicial review – Whether those affidavits filed at the leave stage can be utilized in the judicial review proceedings – Whether the failure to file a supporting affidavit invalidates the fixed date claim form – Whether the failure to file a supporting affidavit is an irregularity – Whether the irregularity can properly be regularized by the court – Whether the affidavit evidence is relevant to the just disposal of the judicial review proceedings – Civil Pro

Mortgage – Equitable mortgage – Creation of an equitable mortgage – Monies owed – Agreement for land to be used as security for monies owed – Deposit of certificate of title in pursuance of agreement – No instrument of mortgage executed – Whether equitable mortgage in place – Whether deposit of title deed gives rise to presumption of charge

The Constitution of Jamaica, sections 2, 9, 13, 14 and 20 - The Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act, 2011,
sections 13(2)(a) and (b) and 19, The Emergency Powers Regulations, 2018, regulations 22, 30, 32, 33 and 38. Whether certain regulations violate the

Civil procedure – Striking out – Application to strike out claimants’ statement of case – Whether the claimants’ statement of case ought properly to be struck out – The approach of the court in dealing with an application to strike out – Whether the 1st claimant has the requisite standing to bring the claim – Whether the claimants have sufficiently particularized the claim – Whether the claimants’ statement of case as framed constitutes an abuse of the process of the court – Whether the claimants’ statement of case is prolix, frivolous and vexatious and without merit – Whether the claimants

Civil Procedure – Application to appoint expert witness – Application made after case management conference – Application made in the context of a claim for judicial review – The role of the court in a claim for judicial review – Whether the proposed expert evidence is relevant to the issues to be determined in the claim for judicial review – Whether the proposed expert evidence is reasonably required to resolve the proceedings justly – Civil Procedure Rules, 2002, rules 32.2, 32.3, 32.6(1), 32.6(2), 32.6(3) and 32.6(4)

Civil procedure – Application to set aside court order – Order made at a first hearing in the absence of a party – Alternative method of service – Unperfected formal order served via electronic mail – Whether the service via electronic mail constitutes proper service – Whether the service via electronic mail constitutes proper service in the absence of a rule or practice direction to that effect – Whether the application to set aside is made within fourteen days of the date of service of the order – Whether there is a good reason for the failure to attend the first hearing – Whether it is l

Judicial review – Claim for judicial review – Availability of remedy – Certiorari – Wrongful dismissal of dean of discipline – Natural justice – Rules of natural justice not observed in dismissal procedure – Claimant not allowed to call witnesses at the hearing in the dismissal procedure – Whether an order of certiorari should be granted – The Education Regulations, 1980, regulations 55, 56, 57, 59, 61, 62 and 89

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 – Whether the defendants are liable for psychiatric injury
Damages – Psychiatric injury – Post Traumatic Stress Disorder – Mild to moderate difficulty functioning physically and emotionally – Quantum of damages

Judicial review – Decision of inferior tribunal that the applicant is guilty of professional misconduct – Whether decision is susceptible to judicial review – Whether the inferior tribunal acted ultra vires its statutory authority
Judicial review – Prerogative order – Leave to apply for – Application for leave – Need for applicant to establish arguable case with a reasonable prospect of success – Evidence – Need for judge to review evidence
Judicial review – When proceedings appropriate – Availability of suitable alternative means of raising issue

Costs – Application for leave to apply for judicial review discontinued – Application for the costs of the discontinued application for leave to apply for judicial review made by statutory body – Whether the making of the application for leave to apply for judicial review was unreasonable – Whether the conduct on the part of the applicant for leave to apply for judicial review was unreasonable – Whether an alternative remedy was available to the applicant for leave to apply for judicial review at the time of the making of the application – Whether a review board was in existence at the time