The Hon. Mr. Justice Kissock Laing

Debt – Evidence of – Admissibility of recording – Weight to be attached to pre-claim admission – Whether the court can award interest at commercial rate where contractual interest was waived by the claimant.

Extradition – Writ of habeas corpus –Meaning of ‘Extradition Offence’ – Principle of dual criminality - Whether conduct test or offence test to be applied – Whether the transmission of HIV virus is capable of amounting to a crime in Jamaica – whether putting an individual at risk of HIV is capable of amounting to a crime in Jamaica – Infliction of grievous bodily harm – sections 20 and 22 of the Offences Against the Persons Act – sections 5, 6, 10, 11 of Extradition Act – Aggravated Sexual Assault contrary to section 273 of the Criminal Code of Canada

Judicial review - Private prosecution - Director of Public Prosecutions decision to terminate prosecution by offering no evidence and not by nolle prosequi - Whether method of discontinuance in breach of constitution - Whether decision to terminate amenable to judicial review

Negligence - Motor vehicle collision - Claimant switching lanes when unsafe to do so - Defendant failing to brake - Contributory negligence - Assessment of damages - General damages for whiplash injury

Administrative Law - Application to be heard – Factors to be considered - Whether applicants having sufficient interest – Effect of possible prejudice to Claimant - Extent of participation to be permitted - Whether intervention of Public Defender’s supported by statutory remit.

Malicious Prosecution – Police Officer – Evidence in witness statement of reasonable and probable cause in respect of an offence – Alternative offence charged on instructions of Director of Public Prosecution – Effect of instructions of the Director of Public Prosecutions.

Matrimonial Property – Parties separated - Family home - Marriage of short duration – Family home acquired before marriage by one spouse in the name of that spouse only - Variation of equal share rule - Factors to be considered- The Property (Rights of Spouses) Act
 

Negligence – Motor Vehicle Accident – Effect of Breach of the Road Code – Apportioning of liability – Damages – General damages for whiplash injury.

Contract – Construction contract – Whether there was a variation of contract – Whether variation caused or contributed to delay in performance –
Agency – Whether director of contracting company personally liable – whether quantity surveyor independent contractor 
Damages – Breach of contract - Measure of damages where defects remedied by claimant

Damages - Assessment - False Imprisonment - Assault and Battery - Principles governing the award of Aggravated, Exemplary and Vindicatory Damages