Buchanan, Isat Aquaba v The Custos of Kingston Hon. Mr. Steadman Fuller, The Advisory Committee for the Custos of Kingston and the Minister of Justice the Hon. Mr. Delroy Chuck
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.
Johnson, Bronton v The Director of Public Prosecutions and the Attorney General of Jamaica
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.
Housen, Maurice v The Attorney General of Jamaica and The Commissioner of Police for Jamaica
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.
The Association of Government Medical Consultants v SERHA, WRHA, NRHA et al
Legitimate Expectation – Legitimate Expectation giving rise to a substantive right – What are the Claimants required to prove to establish a substantive Legitimate Expectation
Treebros Holdings v Minister of Economic Growth and Job Creation and National Housing Trust
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.
CEAC Outsourcing Company Limtied v NRCA, National Environment and Planning Agency, North Ease Regional Health Authority and Southern Regional Health Authority
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
Hendricks, Lynford v Harrison, Munair and the Attorney General of Jamaica consolidated wtih Brown, Dorlton and Harrison, Munair et al
Assessment of Damages – Motor Vehicle Accident – Whiplash injury
The Black River High School Board of Management v The Teacher's Appeal Tribunal
Judicial Review – Irrationality and Unreasonableness – Breach of Natural Justice
James, Mona Yvonne v Wilson, Satricurl
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.
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