2022

Fraser, Muriel (Administratrix of Estate of Imran Ferguson v The Attorney General of Jamaica

Assessment of Damages – False Imprisonment – Fatal Accident Act – Law (Reform Miscellaneous Provision) Act – Lost Years – Loss of Expectation of Life - Personal Injuries - Constitutional right to life – Constitutional right to enjoyment of family – death pre Charter of Fundamental Rights and Freedoms - Aggravated Damages – Exemplary Damages – Vindicatory Damages

N O (A child represented by the Children's Advocate v The Attorney General of Jamaica

Constitutional Redress - Sections 14 (3), 16 and 19(1) of the Charter of Fundamental Rights and Freedoms - Existence of parallel legal remedy - Whether claim for constitutional redress constitutes and abuse of court process
Child Care and Protection Act - Sections 65, 71, 72, 76 and 82 - Whether the making of a Correctional Order by a Judge of the Family Court is intra vires the Act

Re Legal guardianship of JDR

Application for guardianship order – Applicant who is a close blood relative of the relevant child – Applicant resides overseas – Child’s biological mother purportedly

Island Jamaica Limited v Industrial Disputes Tribunal

Judicial Review – Whether the disclosure of a without prejudice letter resulted in a breach of the Claimant’s right to a fair hearing – Whether the Industrial Disputes Tribunal acted irrationally in refusing to recuse itself from the hearing after being exposed to the without prejudice letter – Whether the Industrial Disputes Tribunal acted unlawfully in coming to its decision not to recuse itself

Saturn Sales Limited v Commissioner General Tax Administration Jamaica

General Consumption Tax - Section 38 General Consumption Tax Act - Section 17(I) Revenue Administration Act - Whether there was a basis for an audit of taxpayer’s returns and in raising GCT assessment - Whether assessment to additional GCT was a best judgment assessment - Whether assessment was wholly unreasonable and should be set aside.

Rutar Limited v Jamaica Civil Aviation Authority

Tort - Breach of Statutory Duty - Negligence - Whether oral permission granted for aircraft to be serviced outside jurisdiction - Whether certificate of airworthiness ought to be renewed - Whether delay in renewing result of negligence or malice - Whether claim for breach of statutory duty possible.

Shand-Cummings, Phyllis v Cummings, Tago

Application for DNA testing - The Status of Children Act (SCA)- Section 7(1)(b) – Succession - Errors on the birth certificate - Whether the presumption of paternity is displaced – Standard of proof – Whether there exists a higher standard of proof.

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