The Hon. Mrs. Justice Sonya Wint-Blair

Judicial Review – Dismissal of Teacher – Allegation of failure to submit lesson plans – Fair Hearing – Breach of the Education Regulations – Procedural Impropriety – Bias – Whether right to Cross-Examine – Hearsay Evidence – Defects in the Application of the Rules of Natural Justice by an Inferior Tribunal can be Cured by a Subsequent Proceeding in an Appellate Court or Tribunal with Review Powers - Irrationality and Failure to Consider Breaches of Natural Justice in ruling of Teachers Appeal Tribunal - Statutory Interpretation

Civil Procedure - Application to strike out amended statement of case – Parties to
litigation must have mental capacity - Words “incapable of managing his or her
own affairs” not defined in Mental Health Act or Civil Procedure Rules - Court may
put matters right in keeping with the overriding objective – Order is retrospective
to date of commencement of the claim – Amendment to pleadings overtakes
original pleadings

Nuisance – Commercial Lease – Noise from Adjoining Nightclub – Landlord liable in Nuisance if Participated Directly – Whether Landlord Liable for Breach of Covenant of Quiet Enjoyment – Whether Doctrine of Frustration applies – Alteration to Premises – Unstamped Lease Agreement Inadmissible for Enforcement of its Terms – Common Law – Privity of Contract – Parties agreed to be bound - The Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act, 2011, section 16(2) - The Stamp Duty Act, section 36

Judicial Review − Student Surveyor served by registered post fails to appear at disciplinary hearing – Finding of guilt made in absentia – Sentence – Appeal from sentence – Judicial review of finding of guilt of Committee - Appeal from sentence to Court of Appeal – Challenge to finding of guilt and sentence concurrently in Supreme Court and Court of Appeal – No application for stay of proceedings in Court of Appeal – Court of Appeal reduces sentence before judicial review is complete – Effect on judicial review proceedings.

Judicial Review – Application for leave - Whether a member of the Jamaica Constabulary Force can record his/her own statement as both its maker and recorder – Parish Judge committed accused to stand trial in Circuit Court – Whether statutory requirements for committal on paper complied with – Whether insufficiency of evidence or error in reception of evidence – Statutory interpretation.

Committal Proceedings Act, Committal Proceedings Rules, 2016, Part 56 Civil Procedure Rules.

Application for leave to apply for judicial review - Immigration Officer placed on interdiction – Whether improper delegation of authority – Whether there was one continuous illegal act against which time did not begin to run - Subjective state of
mind of the applicant, and his decision to delay challenge not relevant to the application of rule 56.6(1) - An act does not extend over a period simply because the act has ‘continuing consequences’ - Delay bars grant of leave - Threshold test
failed.
Part 56 Civil Procedure Rules

Company Law – Oppression – Breach of Reasonable Expectation –– Fraud – Directors’ duties – Breaches of Articles of Association and Companies Act –
Shareholders’ remedies - Companies Act, 1965, Section 213A Companies Act, 2004

Appeal  – Bail - Appeal from refusal by Parish Judge – Statutory interpretation – Strength of case against defendant – Good faith - Duty on Appellant – Meaning of sufficient cause – Constitutional provisions conferring entitlement to bail.

Administrative Law - Judicial review - Whether delay bars grant of relief – Decision of Commissioner of Police not to confirm Constable on probation - Statutory Interpretation of The Police Service Regulations - Natural Justice -Meaning of show cause - Date of impugned decision is the date time begins to run - Deeming provision applies if Commissioner fails to act Jamaica Constabulary Force Act, section 3(2)(a), The Police Service Regulations, 1961, Regulations 24(6)(a), (b), Civil Procedure Rules 56.6(7), (3)

Judicial Review – Redundancy – Whether the Industrial Disputes Tribunal has jurisdiction over an industrial dispute concerning termination by way of
redundancy when referral by the Minister of Labour uncontested
Labour Relations and Industrial Disputes Act, Employment (Termination And
Redundancy Payments) Act
Civil Procedure Rules, 56.2(1), 56.2(2)(a)