JUDICIAL REVIEW - Part 56 CPR –Order for Certiorari - Whether the award was illegal for being ultra vires Section 12(1), 12(4) (b), 12(4B) (b) and 12(5)(c)(i) of the Labour Relations and Industrial Disputes Act - Whether the award breached the Claimants’ right to a fair hearing guaranteed under Section 16(2) of the Charter of Fundamental Rights & Freedoms - Whether the award was unreasonable and or irrational.
Contempt Proceedings - Breach of Injunction- Motion for Committal - Part 53 Civil Procedure- Civil Contempt - Standard of Proof - Purpose of injunction
CONSTITUTIONAL LAW – The Jamaica (Constitution) Order in Council, 1962, section 48 and 49 – Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act, 2011, sections 17(1) and 20 – Whether section 26(2) of the Disaster Risk Management Act breaches the Claimant’s right to freedom of religion guaranteed by section 17(1) of the Charter – Whether breach of the right to freedom of religion by section 17(1) of the Charter is demonstrably justified in a free and democratic society – Whether Regulations under section 26(2) of the Disaster Risk Management Act must comply with section
Constitutional Law - Constitutional Amendment to increase retirement age of the Director of Public Prosecutions – Whether the impugned Act is inconsistent with the supremacy clause and void – Whether the impugned Act amended the Constitution – Whether section 2 of the impugned Act may be struck down on the grounds of improper purpose as unconstitutional– Whether the impugned Act may be struck down for contravening the principle of separation of powers – Whether section 2 of the impugned Act has the effect of circumventing the constitutionally mandated process for the extension of the term i
CONSTITUTIONAL LAW – The Constitution of Jamaica – The Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act, 2011, sections 13(2), 13(3)(a), 13(3)(p), 13(3)(j), 14, 16(5), 18, 19 and 49 – Whether sections 5, 8, 15, 20, 21, 23 and 25 of the DNA Evidence Act breach the Claimant’s fundamental rights and freedoms guaranteed under sections 13(3)(a), 13(3)(j), 14 and 16(5) of the Charter – Whether any breach of the Claimant’s fundamental rights and freedoms guaranteed under the Charter are demonstrably justified in a free and democratic society – Part 56, CPR.
CONSTITUTIONAL LAW – The Constitution of Jamaica – The Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act, 2011, sections 13(2) and (3)(j)(iii), 16(2) & 19 – Whether section 21 of the Cybercrimes Act breaches the Claimant’s fundamental rights and freedoms guaranteed under section 13(3)(j)(iii) of the Charter – Whether any breach of the Claimant’s right to privacy guaranteed under section 13(3)(j)(ii) of the Charter are demonstrably justified in a free and democratic society – Whether breach of Claimant’s rights guaranteed under section 16(2) – Proportionality - Pr
CONSTITUTIONAL LAW – The Constitution of Jamaica – The Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act, 2011, sections 13(2) and (3)(j)(iii), 16(2) & 19 – Whether section 21 of the Cybercrimes Act breaches the Claimant’s fundamental rights and freedoms guaranteed under section 13(3)(j)(iii) of the Charter – Whether any breach of the Claimant’s right to privacy guaranteed under section 13(3)(j)(ii) of the Charter are demonstrably justified in a free and democratic society – Whether breach of Claimant’s rights guaranteed under section 16(2) – Proportionality - Pr
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.