Insurance – Whether Striking out or Summary Judgment – Motor vehicle collision – Release and discharge executed not honoured – Fraudulent misrepresentation alleged by insurer – Burden of proof – Whether Accord and Satisfaction – Whether Breach of contract with claimant - Civil Procedure Rules 10.5(1),(4),(5), 15.2(b), 26.3(1)(a),(c),(d) & 74.4 Motor Vehicle (Third Party Risks) Act, sections 4,8 & 18
Costs - Whether parties acted unreasonably in their conduct of the claim – Amended fixed date claim filed without permission of court is unreasonable – Breach of duty of candour is unreasonable – Breach of duty not to be selective is unreasonable
Constitution – What is a judgment -- Retirement of Judge of Appeal Whether tenure of Judge of Appeal was extended - Whether judgment delivered is a nullity - Breach of right to a fair hearing within a reasonable time by an independent and impartial court established by law - Damages
Jamaica (Constitution) Order in Council 1962, Section 106, The Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act, 2011, section 16(1), The Gazette Act, The Interpretation Act
Judicial Review – Application for leave - Whether Attorney General is a proper party - Whether applicant claims against the decision maker - Threshold Test — Whether arguable grounds with realistic prospect of success – Whether breach of natural justice - Whether alternate remedy is by way of appeal to Appeal Tribunal
Education Act and Regulations - Part 56 Civil Procedure Rules.
Judicial review - Application for leave - Whether referral to Industrial Disputes Tribunal ultra vires - Whether Industrial Disputes existed - Whether waiver by conduct on part of interested party - Whether breach of Labour Relations Code - Labour Relations and Industrial Disputes Act, Section 11A(1)(a) - Employment Termination and Redundancy Payments Act 1974 - The Civil Procedure Rules, 2002, Rule 56.3(1).
Application to set aside default judgment - Default Judgment entered at inter
partes hearing binding on parties - Whether five-month constitutes delay – Issues raised on application not reviewable by Judge of concurrent jurisdiction - Rules 1.1,13.3, 42.2, Civil Procedure Rules, 2002
Constitution - Power to Transfer Permanent Secretary - Legitimate Expectation-
Breach of Natural Justice – Damages – Injunction - Certiorari
Sections 1(2)(a), 1(2)(b), 93 and 126 of the Jamaica (Constitution), Order in Council
1962
Constitutional law – Standing to commence constitutional claim – Whether company has locus standi to commence a claim for constitutional redress under section 19(1) of the Charter of Fundamental Rights and Freedoms in its own right - Whether a company can claim environmental rights under the Charter of Fundamental Rights and Freedoms - Right to enjoy a healthy and productive environment free from the threat of injury or damage from environmental abuse and degradation of the ecological heritage - Right to protection from degrading treatment
