The Hon. Mr. Justice Frank Williams

Bain, Courtney Brendan v The University of the West Indies

Constitutional Law – Claim for breach of Fundamental Rights and Freedoms – Freedom of Expression – Freedom of Thought and Conscience – Expert Witness – Expert Report – Whether breach of Fundamental Rights and Freedoms is demonstrably Justified in a Free and Democratic Society – Breach of Employment Contract – Payment in Lieu of Notice – Stigma and Reputational Harm – Loss of Advantage on the Labour Market – Breach of Implied Term of Trust and Confidence – Defamation – Damages – Aggravated Damages – Constitutional and Vindicatory Damages.

Legal Officer's Staff Association and Manley, Tasha et al v The Attorney General et al

Judicial review - Legitimate expectation - Government’s policy for computation of salaries of legal officers - Policy linking legal officers’ salaries to judges’ salaries - Change of policy by government - Legislation effecting change in policy - No notification to legal officers - No consultation before change effected - Breach of legal officers’ legitimate expectation - Whether breach of legitimate expectation justified - Whether legitimate expectation overridden by legislation - Appropriateness of case for judicial review - Whether alternative remedy exists - Whether declaratory relief a

Rural Transit Association Limited v Jamaica Urban Transit Company Limited, Commissioner of Police and the Attorney General

Declarations - Constitutional Redress – Sections 13(3) (g) & (h) of Charter of Fundamental Rights and Freedoms – Right to equality before the law – Right to equitable and humane treatment by any public authority – Sections 21 & 22 of the Constabulary Force Act – Section 58 of the Road Traffic Act – The Kingston Metropolitan Transport Region Act - Alternative/adequate means of redress available – Permanent injunction.

Riley, Roydel v Burke, Ephraim; Lawrence, Julius et al

Application to Set Aside or Vary Order Granting Permission for Filing Ancillary Claim – Whether Appropriate Application – Whether Applicants Should Have Filed Appeal against Order – Whether Ancillary Claim Appropriate Based on the Grounds Stated – Provision in Policy of Insurance for Arbitration – Whether Ancillary Claim Should Await Outcome of Arbitration of Issues – Subrogation – Alleged Negligence of Attorney-at-law.

Maco Management Inc. v The Proprietors, Strata Plan 440 and Strata Appeals Tribunal

Application for Leave to Apply for Judicial Review - Rule 56 of the Civil Procedure Rules (CPR) – Whether Requirements Satisfied – Whether Strata Corporation in Breach of National Water Commission Act and Office of Utilities Regulation Act – Whether Decision of Strata Appeals Tribunal Irrational and/or Unreasonable.

 

Gilroy, Sharlton v Hudson, Fernando

Entry of Default Judgment for Failure by Defendant/applicant to Attend a Hearing - Rule 27.8(5) & (6) of the Civil Procedure Rules – Application to Set Aside Such a Judgment – Rule 39.6 of the CPR - Whether Requirements Satisfied – Application to Set Aside Judgment ex debito justitiae - Inherent Jurisdiction of the Court – Whether Claim One for a Specified Sum of Money – Rule 12.8 of the CPR – Whether Assessment of Damages Necessary.

Stewart, Adam and Desnoes, Andrew et al v The Gleaner Company Limited

“Independent” Claim for Disclosure – Connected Defamation Action – Application for Disclosure of Name of Alleged Joint Tort-feasor – Defence in Connected Claim of Qualified Privilege and Fair Comment on a Matter of Public Interest – The “Newspaper Rule”- Whether Applicable – Rule 69.7 of the Civil Procedure Rules (CPR) - The Defamation Act, 2013 – Whether Retrospective.

Pages

Covid-19

Emergency Matters

Emergency Matters

Matrimonial Proceedings

Customer Service

customer complaints image

Strategic Plan

Strategic Plan for the Jamaican Judiciary 2019-2023