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.
Bramwell, Dammel (By next friend and father David Bramwell) v Mowatt, Everton and Gayle, Herbert et al Between Mowatt, Everton and Gayle, Herbert
Negligence – Driver of car – Duty to passenger in car – Common law and statutory duty of care - Res ipsa loquitur - Contributory negligence –Apportionment of liability between defendants – Quantum of damages.
Administrator General of Jamaica (Administrator - Estate of David Benloss, deceased) v People's Favourite Baking Company Limited and Romaine Henry Consolidated with Smith, Lyncent et al
Wrongful death and Injury – Multiplier/multiplicand – Loss of expectation of life – Pain and suffering - Funeral and testamentary expenses – The Fatal Accidents Act - The Law Reform (Miscellaneous Provisions) Act - Driver acting as servant or agent - Onus of rebutting presumption of agency.
Lewis, Beverley and Hartley, Harriet v Hartley, Cleveland
Registration of Titles Act, Sections 68, 70 & 71 - Indefeasibility of Registered Title - Fraud and proof thereof - Undue influence - Non est factum.
Hendricks, Gladstone v Hendricks, Doreen
Application for disproportionate division of property under section 13 & 14 of the Property (Rights Of Spouses) Act – Factors to be taken into account - Whether Court’s jurisdiction grounded in section 11 of PROSA – Whether the law of equity and trust applicable.
Insurance Company of the West Indies Limited v Forest-Duncan Consolidated with Forrest-Duncan, Margaret, ICWI and Binoc Visions Investigations Ltd.
Insurance Law – Avoidance of policy by Insurer for misrepresentation and material non-disclosure – Arbitration clause and whether non compliance automatically determines the right to redress by the court – Breach of conditions – Whether such breach material or entitles Insurer to avoid policy – treatment of disputed confessions in civil litigation - Whether issues of undue influence, duress and involuntariness material to admissibility of confession – The Motor Vehicles Insurance (Third-Party Risks) Act, sections 8 & 18.