2022

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

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

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.

Civil Practice & Procedure - Application for Prohibitive Injunction – Notice of the application to be given to the Respondent – Factors to be considered when granting an injunction – Whether there is a serious issue to be tried – Whether damages is an adequate remedy – Balance of convenience

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.

Proprietary Estoppel – Whether claimant can rely on proprietary estoppel –
Whether property was gifted to claimant.

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.

Negligence - Whether res ipsa loquitur applies – Prima facie case – Defendants in rebuttal -- Fatal Accidents Act - Law Reform (Miscellaneous Provisions) Act

Judicial Review – Statutory interpretation – Illegality – Whether the authority acted illegally –Irrationality – Whether the authority acted irrationally – Whether illegality and irrationality are equated in law – Effluent(s) – Absence of meaning in the Act – Use of a dictionary meaning – Secondary dictionary meaning – Environmental permit – Environmental licences – Object and purpose of the statute – Relationship between primary and subsidiary legislation – Presumption of correctness in statute – Whether provisions are mandatory or discretionary – Whether regulations are ultra vires the pr

Application to challenge the jurisdiction of the court – Acknowledgement of service filed – Whether there exists a binding agreement between the parties albeit unsigned – Whether Jamaica is forum conveniens – Whether the court should exercise its discretion to allow the hearing of the matter to continue in Jamaica