Robinson, Cindy v The Attorney General of Jamaica
Constitutional law – Breach of right to a fair trial within a reasonable time – Delay
in judgment being delivered – Impossibility of judgment being lawfully delivered
the Judge having retired – Whether a retrial ought to be ordered – Burden of
proof as regards whether a retrial ought to be ordered – Remedies – Whether
compensation ought to be awarded to the claimant as damages arising from the
breach – Assessment of sum to be awarded – Whether award can include
damages and costs in original claim – Charter of Fundamental Rights and
Messam, Evon v Junior, Trevor Dunkley and Haulage and Equipment Limited
Application to set aside default judgment – Whether there is a good explanation for the failure to file an acknowledgment of service within time – Alleged default of applicant’s insurers – Whether the application was made as soon as was reasonably practicable after finding out about the default judgment – Application made almost a year after finding out about the default judgment – Whether the proposed defence has a realistic prospect of success – Reliance on hearsay evidence
Buchanan, Kevin et al v Buchanan, Elgiva and Buchanan, Sonia et al Consolidated with Buchanan, Banfield v Buchanan, Kevin
Application for the status quo to remain – Application for the parties to agree on an independent person - Res Judicata - Application for injunction – Administrator’s rights and duties - Intermeddling in estate - Balance of Justice - Whether the grant of the interim injunction will have the effect of giving the claimant judgment without a trial
Edwards, Able v Campbell, Monique and Walters Hall, Shirlette
Assessment of damages – General damages – Special damages – Mitigation of losses – Claim for loss of earning capacity – Claim for future medical expenses
Brown, Marlon v Brown, Iola and others
Application for relief from sanction after statement of case struck out –- Whether the application was made promptly – Whether the claimant’s failure to comply was unintentional – Whether the claimant’s alleged impecuniosity is a good explanation for his non-compliance – Whether the claimant has generally complied with all other relevant rules, practice directions, orders and directions – Rule 26.8 of the Civil Procedure Rule
Dodd, Clifton v Insurance Company of the West Indies
Interpretation of contracts – Applicability of arbitration clause – Meaning of ‘difference’ in the context of an arbitration clause – Summary Judgment – Whether the matter is one for summary judgment.
Williams, Ellen v Strata Appeals Tribunal, Commission for Strata Corporations and Jackson, Josina
Statutory Interpretation - Meaning of ‘shall’ in paragraphs 13 and 14 of the First Schedule of the Registration (Strata Titles) Act - Whether the Commission for Strata Corporations can hear disputes between proprietors under section 3B (1) (c) of the Registration (Strata Titles) Act - Judicial Review – Certiorari - Irrationality/ Unreasonableness - Whether the tribunals acted unreasonably - Natural Justice - Duty to act fairly - Legitimate Expectation - Whether there was an expectation that is legitimate – Burden of Proof – Standard of Proof
Cable and Wireless Jamaica Limited v Industrial Disputes Tribunal and Sewell, Winston
Redundancy dispute - Judicial review - Whether the Industrial Disputes Tribunal has jurisdiction over redundancy matters - Statutory interpretation - Generalia specialibus non deerogant - Labour Relatations and Industrial Disputes Act - Employment (Termination and Redundancy Payments) Act.
Chartermagnates Limited v The Industrial Disputes Tribunal and Roberts, Norma
Redundancy matter - Judicial review - Statutory interpretation - Generallia specialibus non deorgant - Labour Relations and Industrial Disputes Act - Employment (Termination and Redundancy) Payments Act - Whether industrial disputes tribunal has jurisdiction over redundancy matters.
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