2018

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 

Negligence -Motor vehicle accident – Motor car and pedal cyclist - Credibility of parties – Whether Claimant contributorily negligent - Damages - Assessment - Personal Injury.

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).

Employment - Dismissal – Fixed Term Contract providing for dismissal and for termination of engagement with notice or salary in lieu of notice - Claimant's employment terminated without notice – Salary in lieu of notice and additional payments given – Whether Claimant dismissed for cause
No evidence presented in support of Defence - Whether court obliged to accept Claimant’s account.

Family Law – Custody of children – Application to vary of order - Change in circumstances – Custodial parent no longer resident in the jurisdiction.

Family Law – Section 13 of the Property (Rights of Spouses) Act - Fixed Date Claim Form filed seeking division of matrimonial home and an extension of time to make claim out of time - No separate Application filed seeking an extension of time - Validity of Fixed Date Claim Form.

Contract - Variations - Whether work done - Evidence by video link - Whether witness to affirm..

Negligence – Medical negligence – Negligence not established on the evidence.

Applications for relief from sanction trial commenced - Trial judge ruled statements of case had been struck out - Trial aborted - Applications made after trial - Whether delay inordinate - Whether there are good explanations for the delay - Rule 26.8., CPR.

Administrative orders – Whether application for a declaration is subject to the same considerations as an application for judicial review – Whether the purpose to which the declaration will be put is a relevant consideration