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.
Judicial Review - Whether amended fixed date claim filed without leave permissible at trial – Whether building permit granted during COVID-19 considered emergency– Whether grant of conditional planning and environmental permits ultra vires – Whether conditional grant of environmental and planning permits subject to judicial review - Interpretation of section 20 Building Act 2018 - Kingston and St. Andrew Building (Notices and Objections) Regulations 1938 - Town and Country Planning Act 1958 - Natural Resources Conservation Authority Act 1991 - Town and Country Planning (Kingston and St.
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
Contempt proceedings - Motion to commit - Criminal standard - Nature and quality of conduct - Interference with administration of justice - Part 53 Civil Procedure Rules, 2002, section 2
Judicial Review - Whether industrial dispute existed at time of referral to Minister - Whether referral of dispute to IDT ultra vires - Labour Relations and Industrial Disputes Act, section 11A(1)(a)(i)