NOTICE

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

 



The Hon. Mrs. Justice Georgiana Fraser

Young, Michael and Young, Jacqueline et al v Kingston and St. Andrew Municipal Corporation and National Environmental and Planning Agency

Judicial Review – Whether the Claimants have locus standi to seek the relief sought in the claim – Whether the relevant Authorities acted ultra vires their statutory powers

Statutory Intepretation – Legitimate Expectation – Lack of consultation by Authority before decision made – Town and Country Planning Act – Natural Resources Conservation Authority Act – 1966 Town and Country Planning (Kingston) Development Order – 2017 Town and Country Planning (Kingston and Saint Andrew and Pedro Cays) Provisional Development Order

Webb, Arthurine v Stanberry, Donovan

Administrative Law-Judicial review-Constitutional relief-The public service-
Retirement on the grounds of reorganization- Whether public servant have the
right to be heard prior to compulsory retirement-The Pensions Act-The Public
Service Regulations, 1961

Johnson, Curline v Johnson, Errol

Matrimonial Property - Claim for 50% interest in dwelling house - Parties separated - Claim brought more than twelve months after date of separation - Whether the Property Rights of Spouses Act applicable - Whether the Partition Act applicable - Whether the rules of common law and equity applies - House built by spouses on land not owned by either spouse.

Director of Public Prosecution v Wilson, Uchence and Others

The Evidence (Special Measures) Act 2012 – The Evidence (Special Measures)
(Criminal Jurisdiction) (Judicature) (Supreme Court) Rules 2016 – Prosecution’s
application for a witness to give evidence by live link – Appropriate circumstances
for use of special measure of live link – Witness said to be vulnerable but no
allegation of actual threat – Right of accused to a fair trial – Credibility significant
issue – Whether grant of application prejudicial to Defendants – Overall interests
of the administration of justice

Kingston Wharves Limited v Industrial Disputes Tribunal and Interested Party

Judicial Review – Whether Industrial Disputes Tribunal failed to consider relevant issue of frustration of contract – Whether award was manifestly excessive, unreasonable, illegal and void – The Labour Relations And Industrial Disputes Act, sections 3 & 12 - The Civil Procedure Rules, parts 8, 26, 30 & 56.

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