JUDICIAL REVIEW - Civil Procedure Rules - Part 56 of CPR – Constitutional law –– Breach of Public Service Regulations – Staff Orders for Public Service – Performance Management Appraisal System (PMAS) guidelines – Delay in completing job performance reports and PMAS appeal process – Right to fair hearing within reasonable time under Section 16(2) of the Charter of Fundamental Rights and Freedoms – Mandamus – Declaration – Damages.
Judicial review - Certiorari - Redundancy - Effect of waiver - Considerations of the
Minister under Labour Relations and Industrial Disputes Act - What is a dispute withdrawal of the referral by the Minister – Sections 11A(1)(a)(i) & 11A(3) Labour
Relations and Industrial Disputes Act.
JUDICIAL REVIEW - Illegality - Powers of the Minister under the National Solid Waste Management Act - Circumstances that Mandamus may be granted -Legitimate expectation.
Civil Procedure Rules - Application for leave to cross-examine a person not an
Affiant/Witness before the Court ( His Excellency, the Governor General) – Power
of Court to control evidence under CPR 29.1 - Whether Court should exercise
overriding jurisdiction to call non-witness to be cross-examined – Overriding
objectives
Civil Procedure – Striking out – Application to strike out claimants’ statement of
case – Whether the claimants’ statement of case ought properly to be struck out –
The Doctrine of Res Judicata- Whether the claimants’ statement of case as framed
constitutes an abuse of the process of the court – Whether the claimants’ statement
of case is frivolous and vexatious – Whether the claimants’ statement of case
discloses any reasonable grounds for bringing the claim
Civil Procedure – Severance of joint tenancy – Whether claim for division of
property under Property (Rights of Spouses) Act barred by statutory limitation
period prescribed by section 13(2) of the Act – Whether property to be partitioned
and sold and proceeds of sale apportioned under provisions of Partition Act –
Sections 2(2), 3, 4 and 5 of Partition Act
Constitution of Jamaica – Charter of Fundamental Rights and Freedoms
(Constitutional Amendment) Act- Sections 13(3)(e) and (h) – Whether the decisions
of the Office of Utilities Regulation and the Spectrum Management Authority
breached the Claimant’s right to freedom of association and right to equitable and
humane treatment.
Crown Proceedings Act- Sections 2 and 13(2)- Whether constitutional claims are
civil proceedings within the meaning of the Act - Attorney General being joined as
a Defendant