Tenn, William v Marriot, Andrew
Default judgment - Whether default judgment was regularly obtained - Whether there is a real prospect of success - Recovery of rent and possession – Burden of Proof Civil Procedure Rules 12. 4, 12. 5 & 13.3, 13.4.
Black, Maureen v Advantage General Insurance Company Limited
Insurance – Whether Striking out or Summary Judgment – Motor vehicle collision – Release and discharge executed not honoured – Fraudulent misrepresentation alleged by insurer – Burden of proof – Whether Accord and Satisfaction – Whether Breach of contract with claimant - Civil Procedure Rules 10.5(1),(4),(5), 15.2(b), 26.3(1)(a),(c),(d) & 74.4 Motor Vehicle (Third Party Risks) Act, sections 4,8 & 18
Sykes, Steven and Lynden Nugent v Kingston and St. Andrew Municipal Corporation , Natural Resources Conservation Authority et al
Costs - Whether parties acted unreasonably in their conduct of the claim – Amended fixed date claim filed without permission of court is unreasonable – Breach of duty of candour is unreasonable – Breach of duty not to be selective is unreasonable
James, Oswald v The Attorney General of Jamaica
Constitution – What is a judgment -- Retirement of Judge of Appeal  Whether tenure of Judge of Appeal was extended - Whether judgment delivered is a nullity - Breach of right to a fair hearing within a reasonable time by an independent and impartial court established by law - Damages
Jamaica (Constitution) Order in Council 1962, Section 106, The Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act, 2011, section 16(1), The Gazette Act, The Interpretation Act
Thomas, Calbert v The Board of Management of the Seafort High School and the Attorney General of Jamaica
Judicial Review – Application for leave - Whether Attorney General is a proper party - Whether applicant claims against the decision maker - Threshold Test — Whether arguable grounds with realistic prospect of success – Whether breach of natural justice - Whether alternate remedy is by way of appeal to Appeal Tribunal
Education Act and Regulations - Part 56 Civil Procedure Rules.
SCJ Holdings Limited v Minister of Labour and Social Security and Lancelot Naraynsingh
Judicial review - Application for leave - Whether referral to Industrial Disputes Tribunal ultra vires - Whether Industrial Disputes existed - Whether waiver by conduct on part of interested party - Whether breach of Labour Relations Code - Labour Relations and Industrial Disputes Act, Section 11A(1)(a) - Employment Termination and Redundancy Payments Act 1974 - The Civil Procedure Rules, 2002, Rule 56.3(1).
Daniel, Marylyn and John Daniel v Grant, Webster and Raymond Grant
Application to set aside default judgment - Default Judgment entered at inter
partes hearing binding on parties - Whether five-month constitutes delay – Issues raised on application not reviewable by Judge of concurrent jurisdiction - Rules 1.1,13.3, 42.2, Civil Procedure Rules, 2002
Brown, Kent v Firearm Licensing Authority
Judicial Review - Failure to issue Firearm dealers’ licence - Gunsmith’s licence &
Firearm range licence - Legitimate Expectation - Duty of decision maker to give
notification of its decision - Firearms Act, 1967 - Interpretation Act, 1968 - Civil
Procedure Rules, 2002 Rule 29.1(1), Rule 29.1(2), Rule 30.3
Bernard, Deanroy Ralston v The Public Services Commission, the Attorney General of Jamaica and the Jamaica Civil Service Association
Constitution - Power to Transfer Permanent Secretary - Legitimate Expectation-
Breach of Natural Justice – Damages – Injunction - Certiorari
Sections 1(2)(a), 1(2)(b), 93 and 126 of the Jamaica (Constitution), Order in Council
1962
Southern Trelawny Environmental Agency and Clifford Barrett v The Attorney General of Jamaica, Noranda Jamaica Bauxite Partners II and New Day Aluminum (Jamaica) Limited
Constitutional law – Standing to commence constitutional claim – Whether company has locus standi to commence a claim for constitutional redress under section 19(1) of the Charter of Fundamental Rights and Freedoms in its own right - Whether a company can claim environmental rights under the Charter of Fundamental Rights and Freedoms - Right to enjoy a healthy and productive environment free from the threat of injury or damage from environmental abuse and degradation of the ecological heritage - Right to protection from degrading treatment
Pagination
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