2023

Civil Procedure— Rule 26. 3 (1) (c)—Application to Strike Out Statement of Case—Rule 20.6—Amendment to statement case—Limitation period expired—Rule 23.7 (4)—Failure to file Certificate of Next of Friend—Rule 10.3 (9)—Application to file defence out of time

Judicial Review - Firearm Licensing Authority - Extension of Time to Apply for
Judicial Review - Failure to appeal through statutory review process at second
and third tier

Employment terminated by letter – Company offers to reinstate employee – Does the employee have to accept reinstatement – What is the effect of the failure of the employee to accept the offer of reinstatement.

Sections 174, 178, and 179 of the Companies Act - Whether the Claimant is entitled to a re-transfer of his shareholdings in the company - Whether a resulting trust was created in favour of the Claimant - Whether the presumption of advancement is displaced - Whether the removal of the Claimant as director is valid - Whether the appointment of the 1st and 2nd Defendants as directors of the company is valid

Application for amendments to Claim Form after Case Management Conference –Whether the amendments constitute a new cause of action - Whether application to amend should extend to new provisions regarding interest rate – Civil Procedure Rules, 2002 Rule 20.4 (2) and 1.1 -  The Limitation of Actions Act – Law Reform (Miscellaneous Provisions) Act

Judicial Review – Procedural Impropriety – Breach of Section 125 of the Constitution of Jamaica – Breach of Regulation 43 of the Public Service Regulations – Breach of Sections of the Charter of Fundamental Rights and Freedoms – Damages

Breach of Contract – Application for Oral Evidence where an application for relief from sanctions was refused

Judicial Review – Irrationality and Unreasonableness – Breach of Natural Justice

Criminology - Detention – Review of Inmate Held at the Governor General’s Pleasure – Mentally Disordered Applicant – Applicant Deemed Detained at the Court’s Pleasure – Jurisdiction of the Court to Review Detention – Whether Applicant should be released unconditionally – Eligibility for Parole – Unfit to Plea – Civil Procedure Rules, Part 75 – Criminal Justice (Administration) Act s. 25A, 25B, 25C, 25D and 25E – The Judicature (Supreme Court) Act s. 28 – Parole Act s. 2 and 6

Judicial Review – Apparent bias – The test of the fair-minded and informed observer