The Hon. Mrs. Justice Simone Wolfe-Reece

JUDICIAL REVIEW - Illegality - Powers of the Minister under the National Solid Waste Management Act - Circumstances that Mandamus may be granted -Legitimate expectation.

JUDICIAL REVIEW - Reasonable prospect of success - Illegality - Irrationality, Procedural Impropriety.

Section 96 (1) of the Constitution - Extension of time - Sections 31(1) and 16 of the Interpretation Act.

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

Application for extension of time within which to apply for judicial review and leave to apply for judicial review

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

Declaratory Relief - Procedure for Dismissal from the Jamaica Constabulary Force
Who has the power to dismiss a member of the Jamaica Constabulary Force -
Sections 90(1), 125, 130, 131 Jamaica (Constitution) Order in Council 1962 - Power
to delegate a constitutional power vested in the Governor General- Section 38
Police Service Regulations-Section 5 Jamaica Constabulary Force Act - Effect of
non- re-enlistment in the Jamaica Constabulary Force Act

Custody, care and control - Joint custody - Parents must be able to communicate and co-operate in the upbringing of the child - Welfare of the child and what is in the best interest of the child is of paramount importance - Considering the wishes of the child - Joint obligation to maintain child- Spousal maintenance - Clean break- Lump sum payment