The Honourable Mrs. Justice Tara Carr

Constitutional Law - Charter of Fundamental Rights and Freedoms - Section 16 - - Right to due process - Prohibition against retrospective application of more severe penalties.
Whether fixed penalty imposed by null and void ministerial order and upon fixed penalty notice issued pursuant to section 116 of the Road Traffic Act 1938 in excess of fixed penalty prescribed by the Act constitutes a breach of the right to due process enshrined in section 16(11) of the Charter of Fundamental Rights and Freedoms.

Legitimate Expectation – Legitimate Expectation giving rise to a substantive right – What are the Claimants required to prove to establish a substantive Legitimate Expectation 

Judicial Review – Whether the Claimant has established illegality – Whether the signature of the Minister was forged – Whether there was a breach of statute – Whether the actions of the Minister were Wednesbury unreasonable or irrational – Whether there is a discretionary bar of delay.

Section 13 (2) of the Constitution of Jamaica – Section 13 (3) (h) of the Charter of Fundamental Rights and Freedoms –– Whether the words equitable and humane should be read conjunctively – Whether inhumane treatment applies to a Company – Whether the parties are similarly circumstanced - Section 2 (4) of the Natural Resources (Prescribed Areas) (Prohibition of Categories of Enterprise, Construction and Development) Order, 1996 as amended in 2015– Compensatory and Vindicatory Damages

Assessment of Damages – Motor Vehicle Accident – Whiplash injury

Judicial Review – Irrationality and Unreasonableness – Breach of Natural Justice

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.

Negligence

Negligence – Occupier’s Liability – Obvious Risk – Handicap on the Labour Market

Medical Negligence – No evidence on behalf of the Doctor who performed the procedures – What is the duty of care owed to a patient by a person who holds himself out as a specialist – Damages