2018

Cameron, Mervin v Attorney General of Jamaica No. 2

Constitutional law – Violation of right to trial within a reasonable time – Order for constitutional damages as compensation – Components and level of compensation – Charter of Fundamental Rights and Freedoms, Sections 14 (3) time at which it is most appropriate for assessment to be undertaken

GM and Associates Limited v Sabal PH 1200 Limited

Application for Stay pending Arbitration - Whether request for arbitration – Whether words “Notice is imminent” negates request - Whether filing legal action amounts to election not to arbitrate.

Walters, Isolyn v Jamaica Bauxite Mining Limited

CONTRACT – Lease – Representations- Whether oral collateral agreement that lease would be renewed – Whether oral collateral agreement that tenant would be compensated – Estoppel – Whether landlord estopped from exercising legal rights under terms of the Lease – Expert Evidence – Whether replacement cost at date of claim relevant.

Spur Tree Spices Jamaica Limited v The Minister of Labour and Social Security

Accusation of theft –Summary dismissal of employees – Failure to comply with the 
Labour Relations Code – Offer of reinstatement – Meaning of reinstatement in fact 
and law – Disciplinary hearings on same facts which triggered improper dismissals 
– Propriety of condition subsequent to reinstatement – Definition of industrial 
dispute – Whether there was an extant industrial dispute at time of Minister’s 
referral – Need for second complaint after second dismissal  – Minister’s referral 
ultra vires s. 11A Labour Relations and Industrial Disputes Act 

Television Jamaica Limited v Linscom Network Limited

COPYRIGHT – Cable Television – Whether Defendant infringed copyright by broadcasting Diamond League event - “overspill” - Whether Defendant liable – Statutory construction – Copyright Act sections 31(5), 31(1), 32(3).

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