Detinue and Conversion - Vehicle destroyed while in lawful custody – Definition of demand – Definition of refusal – Definition of wilful interference – Neglecting to release vehicle same as refusal - Value of vehicle not released different than damages - Time runs from the date of the refusal of demand - Replacement value and damages allowable - Interest on replacement value – Interest on loss of use impermissible
Administrative law - Declaration - Re-enlistment in police force not automatic – Refusal to re-enlist before application is permissible – Hearing by way of review of decision to refuse to be granted –– Onus on applicant to show cause at hearing – Factors to be weighed - Legitimate expectation –– Conduct of claimant under review qualifies as public interest
Interdiction – Whether there should be a hearing before a public officer is interdicted – Whether there should be a hearing before salary is withheld upon interdiction - Whether salary constitutes property
Tort – Malicious prosecution – Whether the customs officers acted with malice in prosecuting the claimants – Whether the customs officers acted with reasonable and probable cause in prosecuting the claimants –
Judicial review – Retirement in the public interest – Police Services Commisson – Role of Privy Council – Role of Governor General – Police Service Regulations – Regulations 26, 47 – The Jamaica (Constitution) Order in Council 1962– sections 2, 4, 32, 125, 130
Judicial Review – Whether an industrial dispute existed at the time of the referral - Whether the Minister’s decision to refer the dispute to the IDT is ultra vires –– Separation agreement – Whether dismissal –– The Labour Relations and Industrial Disputes Act, 1975, sections 2 and 11A(1)(a)(i)
Constitutional Law – Whether breach of constitutional rights – Right to equitable and humane treatment by public authority – Right to enjoy healthy and productive environment – Right to protection from torture, or inhuman or degrading punishment – Whether claimant provided with access to life-saving food and medication, meals and medication in a timely manner and adequate access to medical and dental care.
Constitutional law – COVID-19 vaccination policy – Breach of constitutional rights under Charter of Fundamental rights and Freedoms (Constitutional Amendment) Act, 2011 –– Whether court should exercise or decline jurisdiction under section 19 of the Charter of Fundamental Rights and Freedoms – The Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act, 2011, sections 13(1)(c), (3)(a), (b), (j)(ii), (p) and (s), sections 17 & 19.
Injunction – Constitutional claim - COVID-19 vaccine policy – claimants are employees of defendants – whether Polymerase Chain Reaction (PCR) testing breaches contract of employment – whether breach of constitutional rights under Charter of Fundamental Rights and Freedoms - whether court should exercise or decline jurisdiction under section 19 of the Charter of Fundamental Rights and Freedoms – whether law of contract can provide an adequate alternate remedy – whether Charter rights are of horizontal application - Civil Procedure Rules – Rule 26.1(1)(k), sections 13 and 19 of The Charter of
