2020

Virgo, Dale and ZV v Board of Management of Kensington Primary School, Minister of Education, Attorney General of Jamaica and Office of the Childrens Advocate

Constitutional law –– Freedom of expression – Freedom of religion – Equality
before the law – Right of every child to such measures of protection as are required
by virtue of the status of being a minor as part of the family – Right of a child to
publicly funded tuition in a public educational institution at the pre-primary and
primary levels – Equitable and humane treatment – Respect for and protection of
private and family life and privacy of the Home – Freedom from discrimination –

Williams, Wilton v Ajas Limited

Civil procedure - Application to strike out claim - No reasonable ground for bringing the claim – Civil Procedure Rules, 2002, rule 26.3(1)
Civil procedure - Application for summary judgment - Civil Procedure Rules, 2002, rule 15.2

Guthrie, Vincent v Guthrie, Dorretta May

Civil Procedure - CPR 26.3 - Application to Strike out Fixed Date Claim Form - Whether there was failure to comply with a rule or practice direction - Whether current claim is a re-litigation of an earlier claim and therefore an abuse of court process - Whether the absence of facts in the earlier claim is likely to obstruct the just disposal of current proceedings - 
Whether judgment on earlier claim is declaratory or executory - Procedure for enforcing declaratory judgment - Whether limitation period at CPR 46.2(1)(a) is applicable.

Alba, Severin v The Minister of Labour and Operadora Palace Resorts (JA) Limited trading as Moon Palace Jamaica Grande

Judicial review – Constructive dismissal – Whether a constructive dismissal constitutes a termination of employment as contemplated by the Labour Relations and Industrial Disputes Act – Labour Relations and Industrial Disputes Act, sections 2 and 11
Costs – Whether a cost order should properly be made in the circumstances – Whether it is appropriate for a cost order to be made against an intervening party, 
Civil Procedure Rules, 2002, rules 56.15(4) and (5), 64.3, 64.6(1), 64.6(3), 64.6(4)(a),(b),(d)(i) and (ii), (e)(i), (ii) and (iii), 64.6(4)(f) and 64.6(4)(g)

Cohen, Lisa v Administrator General for Jamaica

Family law - Whether a common law relationship existed between the applicant and the deceased - Whether the applicant is a spouse within the meaning of the Act - Intestate Estates and Property Charges Act S. 1 and 2.

Mullings & Co. (A firm) v Frank I. Lee Distributors Lilmited

Application to relist an application to set aside judgment in default - Four-year delay – Whether delay inexcusable – Whether instructions from client required before applying to relist – Overriding objective of CPR – Whether all circumstances including relative strength of each case to be considered.

Dodd, Clifton v Insurance Company of the West Indies

Interpretation of contracts – Applicability of arbitration clause – Meaning of ‘difference’ in the context of an arbitration clause – Summary Judgment – Whether the matter is one for summary judgment.

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