The en banc sitting of the Judges of the Supreme Court of Judicature of Jamaica scheduled for Friday March 26, 2021 at 10:00am has been postponed until further notice.
Constitutional law –– Freedom of expression – Freedom of religion – Equality
before the law – Right of every child to such measures of protection as are required
by virtue of the status of being a minor as part of the family – Right of a child to
publicly funded tuition in a public educational institution at the pre-primary and
primary levels – Equitable and humane treatment – Respect for and protection of
private and family life and privacy of the Home – Freedom from discrimination –
Personal Injury - Negligence - Accident between cyclist and motorist - Claimant hit from behind - Assessment of damages - Quantum of damages - Pain and suffering - Permanent partial disability - Medical expenses - Future medical care - Consequential loss - Loss of earnings
Application for Interim Injunction – Factors to be considered in granting Interim Injunction- Constabulary Force Act – Jamaica Police Federation – Whether a final hearing of a dispute is unlikely to occur because the grant or refusal of an injunction would virtually bring the dispute to an end – Whether damages are an adequate remedy – American Cyanamid plus test – The effect of the absence of an undertaking in damages – Where would the greater risk of injustice lie.
Probate - Will - Validity - Forgery- Undue influence - Whether testator possessed testamentary capacity at the time of execution of Will - Whether signature on Will was that of the testator - Expert Evidence.
Contract - Breach of Contract – Section 2 (1)(a) and (b) Employment (Termination and Redundancy Payments) Regulations 1974 – Calculation of Redundancy Payment – What is considered Normal Wages – Implied contractual terms
Estoppel - Elements of Proprietary Estoppel – Evaluation of Credibility – How to treat with issues of fact in estoppel – Family Dispute as to beneficial ownership of land – Claimant’s entitlement to property based on contribution.
Breach of Contract - Application to strike out statement of claim – Whether the court has jurisdiction to hear matter – Insurance policy – Applicability of arbitration clause.
Injunctions - Application to discharge interim injunction - Considerations for discharge of injunctions - Inter-partes hearing of interim injunction - Considerations for the granting of an injunction - Failure to reseal probate granted in foreign jurisdiction.
Family Law Division of Family Home - Property (Rights of Spouses) Act – Equal share Rule -Variation of the equal share rule- Property registered in the name of one spouse-Property owned by one spouse prior to marriage.
