Prendergast, Indiana and Omar Willis v Spaldings Diagnostix Medical Laboratory (1)
Tort – Negligence – Medical Testing Laboratory – False Positive HIV Test Result – Psychiatric Injury – Duty of Care – Does a duty of care extend to a third party who suffers harm consequential to the primary victim’s injury – Was the duty of care breached
Independent Commission of Investigations and Errol Chattoo (Director of Complaints (Western Region) The Independent Commission of Investigations v Hart Hines, Natalie Parish Judge Saint James Parish Court
Judicial review - Committal proceedings - Proceedings conducted int he absence of an order - Judicature (Parish Courts) Act, S. 272 and Committal Proceedings Act, S. 3.
Committal proceedings - Duty of the Parish Court Judge - Whether the proceedings are inquisitorial or adversarial - Judicature (Parish Courts) Act, S. 64 - Admissability of statements - Whether statements taken prior to the commencement of the Act need to be retaken by a member of the Jamaica Constabulary Force - Committal Proceedings Act, S. 21(4)(a).
Thompson-James, Julie Anne v James, Marcus Hastings
Mareva Injunction – Freezing Order – Risk of Dissipation – Non-disclosure –
Undue Hardship
Clarke, Roshaine v The Attorney General of Jamaica
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
Berry, Linton v Attorney General
Constitutional Law – Whether breach of constitutional rights – Right to equitable and humane treatment by public authority – Right to enjoy healthy and productive environment – Right to protection from torture, or inhuman or degrading punishment – Whether claimant provided with access to life-saving food and medication, meals and medication in a timely manner and adequate access to medical and dental care.
Beckford, Lillian v Beckford, Leonard
Claim for entitlement in property - Property (Rights of Spouses) Act, S. 2, 6,7,10,12,13 and 14 - Family home - Equal share rule - Displacement /varying of the equal share rule
Fisher, Rohan v Attorney General of Jamaica and Assets Recovery Agency
Constitutional claim - Application for constitutional relief - Breach of Fundamental Rights and Freedom - Right to protection of property from compulsory acquisition - S.
Clarke-Morales, Angela v Sunswept Jamaica Company Ltd
Application to strike out – Whether the statement of case discloses no reasonable
grounds for bringing the claim – Whether the claim amounts to an abuse of
process of the court
Smith, Louis v Director of Public Prosecutions and Parish Court Judge for the Parish of Saint James Sandra Wong-Small
Judicial review – Application for leave to apply for judicial review – The threshold test – Whether the applicant has an arguable ground with a realistic prospect of success – Applicant charged with offences under repealed statute – Whether the charges laid against the applicant are null and void and of no effect – Whether the Full Court is the proper forum having regard to all the circumstances of the case – Whether there is an alternative remedy available to the applicant – The Money Laundering Act, section 3(1)(c), The Interpretation Act, section 25(2), The Proceeds of Crime Act, section
Cenitech Engineering Solutions Limited v National Contracts Commission, The Integrity Commission (formerly the Contrctor General of Jamaica, The Minister of Agriculture & Fisheries et al
Judicial Review –The Contractor General Act –The Integrity Act - Revocation of grade 1 certification –Absence of Regulations – Whether National Contracts Commission (Validation and Indemnity) Act applies – Whether 1st Respondent liable - Reversal of decision to award contract – Whether natural justice applies – Whether constitutional right to fair hearing - Whether hearing required prior to revocation and/or reversal – Whether decision inevitable and remedy to be refused- Whether 2nd Respondent breached duty of confidentiality - Whether 3rd Respondent liable - Damages - Circumstances i
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