Lee, Wendy, Martin Hopwood and Anne Hopwood et al v Attorney General et al
Constitutional law — Challenge to the environmental permit granted by the Minister
of Economic Growth and Job Creation — NRCA refuses environmental permit —
Forestry Department objects — Right to enjoy a healthy and productive
environment likely to be breached — Right to property — Oakes Test —
Comparative Law — International instruments — Decision of Minister and
Environmental Permit struck down as unconstitutional - Declarations — Injunction
The Charter of Fundamental Rights and Freedoms (Constitutional Amendment)
Willie Mitchell V the Attorney General of Jamaica
CIVIL PROCEDURE Application for extension of time Application does not include affidavit of merit with draft defence exhibited - Delay of nine years without good reason Defendant filed no evidence of merit from which the court could evaluate the merits of the proposed amended defence - No material before court by which to determine whether proposed amended defence raised triable issues – Good reason not found on evidence - No special circumstances affecting file – Proposed amended defence filed separately – No material before the court upon which to evaluate merit Purported defence is
Ray Morgan V Clerk of Court, Kingston & St. Andrew Parish Court Et Al
CONSTITUTIONAL LAW – ASSESSMENT OF DAMAGES FOR UNLAWFUL DETENTION OF 2,504 DAYS – FAILURE OF MACHINERY FOR TIMELY APPELLATE REVIEW – NO RECORD OF APPEAL PRODUCED - CLAIMANT SERVED SIX YEARS EIGHT MONTHS IN EXCESS OF SENTENCE AS A RESULT – DUE PROCESS RIGHTS BREACHED – PRIVY COUNCIL REMITS FOR REHEARING ON SENTENCE – TAPERED RATE – VINDICATORY DAMAGES AWARDED
Sandra Graham V Carol Palmer & the Public Service Commission
JUDICIAL REVIEW Role of the Governor General in removal of public officers under section 125 of the Constitution Abolition of Post Re-Organisation and Restructuring of Ministry to create new Ministry Public Officer to be separated if not redeployed Whether the Public Service Commission should afford a hearing before recommending separation to the Governor General
Andy Francis V Jacqueline Salmon
Civil procedure – Application for leave to appeal – Application for stay of execution
Crafton Jennings V Russell Welsh & Rupert Welsh
JURISDICTION OF THE COURT – VALIDITY OF CLAIM FORM – EFFECT OF APPLICATION – TWELVE MONTH EXTENSION IN SINGLE APPLICATION – CLAIM FORM DECLARED NULLITY
Moss, Amani Dean v Norman Manley High School Et Al
Negligence - High School student injured by another in the presence of a teacher in class - Teacher failed to intervene - Breach of duty – Occupiers’ Liability Act pleaded in the alternative.
Morgan, Ray v Clerk of Court, Kingston & St. Andrew Parish Court Et al
CONSTITUTIONAL LAW – ASSESSMENT OF DAMAGES FOR UNLAWFUL DETENTION OF 2,504 DAYS – FAILURE OF MACHINERY FOR TIMELY APPELLATE REVIEW – NO RECORD OF APPEAL PRODUCED - CLAIMANT SERVED SIX YEARS EIGHT MONTHS IN EXCESS OF SENTENCE AS A RESULT – DUE PROCESS RIGHTS BREACHED – PRIVY COUNCIL REMITS FOR REHEARING ON SENTENCE – TAPERED RATE – VINDICATORY DAMAGES AWARDED
Lindsay, Jermaine v The Attorney General
Constitutional relief - Malicious Prosecution - Chain of custody - No case submissionupheld - Prosecution's case made out on evidence - Proper case to lay before the Court despite finding of Parish Court.
Gayle, Mark v Jamaica Urban Transit Company Limited and Bathanel Lebert Walker
NEGLIGENCE - MOTOR CAR COLLIDES WITH BUS MAKING TURN
Pagination
- Page 1
- Next page