Constitutional Law – Separation of Powers – Right to due process – Whether
breach of the right to a fair hearing – Whether as presently constituted the
Industrial Disputes Tribunal is an independent and impartial authority
Constitution of Jamaica (Order in Council), 1962, sections 7(2), 8(2) - Charter of
Fundamental Rights and Freedoms, section 16(2) - Labour Relations and Industrial
Disputes Act, sections 7(2) and 8 (2)(c), Second Schedule, sections 1, 2, 3, 4 and 7.
Sale of Goods – New car – Implied condition as to fitness for purpose – Implied
condition as to merchantable quality – Whether fraudulent misrepresentation –
Repairs under manufacturer’s warranty – Acceptance by buyer – Application of the
provision – Specific article - Sales of Goods Act, sections 2, 12, 15, 35, 60.
Commercial Law - Building Contract for luxury villa – Breach of Contract – Whether
Unjust Enrichment - Quantum Meruit – Whether Collateral Contract – Defective work
Default Judgment - Extension of time - Whether evidence is required for entry of default judgment under rule 12.10(4) – Assessment of particulars of claim.
Application for leave for judicial review - Nature of the application for leave -
Burden of proof - Standard of proof - Whether private law contract being
pursued as public law matter – Whether impugned decision amenable to
judicial review - Who is a public officer – Private law right derived from statute
distinct from private law right derived from contract - Leave refused
application to be treated as ordinary claim.
Land - Recovery of possession - Whether fixed date claim should be converted
to claim form – Whether there are substantial disputes of fact – Whether one
Executor can give evidence of the acts carried out by co-executor – Open Justice
Principle
Constitutional Law - Constitutional Amendment to increase retirement age of the Director of Public Prosecutions – Whether the impugned Act is inconsistent with the supremacy clause and void – Whether the impugned Act amended the Constitution – Whether section 2 of the impugned Act may be struck down on the grounds of improper purpose as unconstitutional– Whether the impugned Act may be struck down for contravening the principle of separation of powers – Whether section 2 of the impugned Act has the effect of circumventing the constitutionally mandated process for the extension of the term i
Judicial Review - Firearm Licensing Authority - Extension of Time to Apply for
Judicial Review - Failure to appeal through statutory review process at second
and third tier
CONSTITUTIONAL LAW – The Constitution of Jamaica – The Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act, 2011, sections 13(2), 13(3)(a), 13(3)(p), 13(3)(j), 14, 16(5), 18, 19 and 49 – Whether sections 5, 8, 15, 20, 21, 23 and 25 of the DNA Evidence Act breach the Claimant’s fundamental rights and freedoms guaranteed under sections 13(3)(a), 13(3)(j), 14 and 16(5) of the Charter – Whether any breach of the Claimant’s fundamental rights and freedoms guaranteed under the Charter are demonstrably justified in a free and democratic society – Part 56, CPR.