Constitutional Law – Mentally disordered defendant charged with murder - Found
unfit to plead by jury – Detained for some 50 years at Governor General’s pleasure – Whether detention lawful – Periodic reviews not done for some 42 years – No legal assistance provided to claimant during detention - The Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act, 2011, sections 13 (3)(a), (e), (f), (g), (h), (i), (j), (o), (p), (r), 13(6), sections 14 (1)(a) 14(5) , 16(1), 16(2), 16(5),16(6)(c), & 16(10).
Constitutional Law – Statutory Interpretation – Right to a Fair Trial – Right to Receive Records of Proceedings – Reasonable Time – Right to Due Process – Right to Equitable and Humane Treatment – Right to Presumption of Innocence – Right to Protection of Property – Right to Freedom of Movement – Right to Freedom from Arbitrary Arrest – Whether the police officers had reasonable suspicion – Right to Liberty and Security of the Person – Constitutionality of the Offensive Weapons (Prohibition) Act – Constitutionality of Regulation 41 of the Fire Brigade Regulations – Right to Make Representat
Property law - Land - Attorney transfers land out of the name of defendants while claim is sub judice - No disclosure of transfer to court or opposing counsel - No joinder of third parties to claim - No orders made against land in absence of owners of freehold - Supreme Court Act S. 2 & 48.
Defamation ─ Journalism ─ Allegation of corruption ─ Reynolds Privilege - Fair comment – Integrity commission misstates facts – Article published with same errors - Apology to claimant by Integrity commission after article published – No apology from Defendant – No comment sought from claimant before publication – Verification not sought - Report serious in tone and content - Damages
Negligence - Motor vehicle collision - One vehicle on wrong side of the road - Damages - Third and fourth defendant absent trial proceeds - Defendants adopting claimant's statement of case for evidence in chief
Judicial Review ─ Termination of employment contract ─Whether employee - Waived rights to challenge his termination ─ Two routes to determining issue of waiver ─ Delegatus non potest delegare - Labour Relations and Industrial Disputes Act 1975, S.11A (1)(a)(i) - The Interpretation Act, S. 34(2), Civil Procedure Rules.
Judicial Review – Application for leave – Television station holder of exclusive
broadcasting rights to English Premier League matches – Customer complaints to
Regulator that applicant advertised matches not broadcast online - Regulator
decided applicant engaged in misleading advertising as matches not broadcast as
advertised – Suitability of alternate remedies – Grounds and evidence relied on by
applicant must disclose arguable case – Failing test of arguability is a bar to grant
of discretionary relief