NOTICE

Please note that as of September 16, 2021, applications for restrictive covenants will be heard on Tuesdays only.

 



The Hon. Mr. Justice David Fraser

The Police Federation and Watson, Merrick et al v The Commissioner of the Independent commission of Investigations and The Attorney General of Jamaica

Constitutionality of legislation – Whether section 20 of the Independent Commission of Investigations (INDECOM) Act is unconstitutional – Effect of section 20 conferring on the Commissioner and investigative staff of INDECOM, in the exercise of their duty, like powers, authorities and privileges as are given by law to a constable – Whether INDECOM’s officers have the powers of arrest and charge – Whether INDECOM’s officers having such powers would undermine the Office of the Director of Public Prosecutions

Edwards, Odane v The Attorney General

Assessment of Damages – Claimant unlawfully shot and detained by police – Bullet fragments lodged in claimant’s head – Whether in addition to damages for assault and battery claimant entitled to aggravated, exemplary and vindicatory damages.

Chin Lyn, Eugenie; Chin, Sylvia and Dehaney, Kevin v Reynolds, Ludlow

Summary judgment - Rule 15.2 CPR - Principles to be applied on an application for summary judgment - Whether or not reasonable prospect that court of trial could find evidence of sufficient memoranda in writing and acts of part performance to establish a binding and enforceable lease and sale agreement in respect of which the court would order specific performance.

Wilson, Omar v VGC Holdings Limited

Assessment of Damages – Amputation of right hand below elbow – Household Helper (pre-hearing and future cost) – Loss of earnings – Loss of future Earnings – Dandicap on the labour market – Whether mechanical or Myoelectric prosthesis should be provided – Applicability of Multiplier/multiplicand approach to calculating various types of awards – Appropriate size of different multiplicands/multipliers.

United Bookmakers Association v Caymanas Track Limited

Application for leave to apply for Juducial Review — Whether section 26 (2) of the Betting Gaming and
Lotteries Act creates a public power or vests a private right — Appropriate tests for determining
whether public power or private right exercised

Walker, Danville v The Contractor-General of Jamaica

Judicial Review – Reluctance of court to review decision to prosecute even greater when challenge to decision indirect – Alternative remedy as a bar to grant of leave – Discretionary nature of judicial review – Desirability to
avoid multiplicity of proceedings – Court will not act in vain.

Morgan, Akeem (by his next friend Kerry Ann Harrison) v Porter, Owen

Assessment of damages – Pain Suffering and Loss of amenities – Loss of fingers on dominant right hand, loss of teeth and fracture to right leg – Post Traumatic Stress Disorder– applicability of multiplier/multiplicand
approach to replacement cost of prosthesis – size of multiplier – young claimant – whether damages for loss of earning capacity to be assessed using multiplier/multiplicand approach or conventional award to be made – validity of Notice of Objection to tendering Hearsay Statement in Evidence.

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