The Hon. Mrs. Justice Sonya Wint-Blair

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

Judicial Review – Employment – Unjustifiable dismissal not challenged – Compensatory Award challenged for being Wednesbury unreasonable – Failure of IDT to consider all relevant factors – Parity with previous awards absent from findings and not considered – Award irrational.

Judicial Review - Application for leave – Insurance intermediary company – Registration cancelled – Whether the decision was unreasonable, unjust or ultra vires - Delay - Part 56 Civil Procedure Rules - The Insurance Act, sections 2, 77.

Land – Whether beneficial co-owner can dispossess registered proprietor who is co-owner – Co-owner executrix of unadministered estate – Whether wife of deceased co-owner is licensee of paper owner – Wife derives possession from husband – Joint occupation and possession entitles wife to possessory title against registered co-owner – Whether paper owner has standi to bring claim against wife for recovery of possession after husband dies.

Land - Last Will And Testament of Father of Parties - Title Obtained By Fraud - Executor breaching duty of trust by registering trust property in sole name - Co-Executor unaware of fraud - Injunction - Section 24 of the Registration of Titles Act, 1889,
Section 3 and 5 of the Real Property Representative Act, 1903, Section 43 of the Trustees Act, 1987

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.