The Honourable Mrs. Justice Tara Carr

Employment terminated by letter – Company offers to reinstate employee – Does the employee have to accept reinstatement – What is the effect of the failure of the employee to accept the offer of reinstatement.

Judicial Review – Procedural Impropriety – Breach of Section 125 of the Constitution of Jamaica – Breach of Regulation 43 of the Public Service Regulations – Breach of Sections of the Charter of Fundamental Rights and Freedoms – Damages

Breach of Contract – Application for Oral Evidence where an application for relief from sanctions was refused

Section 13 (3) (l) of the Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act 2011 – Whether the right has been engaged – Breach of contract – Assessment of damages for breach of contract – Private nuisance – What is the remedy in damages for a claim in private nuisance.

Judicial Review – Irrationality and Unreasonableness – Breach of Natural Justice

Judicial Review – Apparent bias – The test of the fair-minded and informed observer

Legitimate expectation – Legitimate expectation giving rise to a substantive right – What are the Claimants required to prove to establish a substantive legitimate expectation.

Sections 2 and 6 of the Property (Rights of Spouses) Act – Whether the Claimant is a spouse as defined by the Property (Rights of Spouses) Act – Division of property – The definition of the family home – Principal family residence.

Sections 5, 6, 9 and 13 of the Justices of the Peace Act − The significance of the taking of the Oath of Office as a Justice of the Peace – The effect of a material non- disclosure on a claim for Legitimate Expectation – Section 16 (2) of the Charter of Fundamental Rights and Freedoms.

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.