2013

Interpretation of will - Whether wife had life interest - Whether subsequent devise void for repugnancy - Section 23 of the Wills Act.

Application for leave to apply for judicial review — Whether Contractor - General acted ultra vires in seeking to investigate divestment — Application for Orders of Prohibition and Certiorari and for Declarations — Whether grant of leave to operate as a stay of proceedings — If stay inappropriate should interim injunction be granted.

Tort – Trespass to the Person – Assault False Imprisonment and Malicious Prosecution – Whether reasonable cause to stop and request search – Whether excessive force – Damages.

Whether tender was accepted - Whether there is a  concluded contract - Whether defendant is estopped by its conduct from relying on certain clauses - Whether claimant entitled to damages - Whether the fact that vessell is not owned by claimant precludes a claim for damages - Whether claim for interest pursuant to the Law Reform (Miscallaneous Provisions) Act must be pleaded - Whether court has jurisdiction to entertain claim for interest after judgment delivered.

Application by Wife for Maintenance – Wife receiving pension and has significant savings – Whether previous receipt of a lump sum from a division of matrimonial property should affect award – Divorce not yet complete – Applicability of Maintenance Act specifically sections 5, 9 & 14 by virtue of section 23 (1) (a) & (2) of the Matrimonial Causes Act.

Company law – Insolvency– Private international law  – Appointment of liquidator in winding -up proceedings in foreign court - Claim filed by company for breach of fiduciary duty , contract and fraud prior to winding-up order – Locus standi of liquidator to continue proceedings - Whether need for letter of request from foreign court to Jamaican court seeking assistance – Inherent jurisdiction of the Court to recognize and assist liquidator – Form of recognition - Whether assistance necessary.

Application for interim injunction – Presumption of advancement – Whether presumption rebutted – Lack of bona fides of party seeking to have presumption rebutted – Exercise of discretion – Failure to fully disclose pertinent information.

Employment - Dismissal summarily for abandoning job -
wWether dismissal wrongful/unfair - Measure of damages.

Judicial review - Illegality - Minister's refusal to refer disputes to the IDT after request - Presumption against retrospective operation of a satute  - Labour Relations And  Industrial Dispute Act  SECTION

1I A- ORDER FOR CERTIORARI.

Judicial Review – rules provide for repeat of examinations – school no longer offering diploma – whether student has right to re-sit examination – whether a legitimate expectation – whether reasonable – whether court should grant a remedy.