2023

Injunction – Freezing order

Malicious Prosecution – Trespass to Goods – Section 33 of the Constabulary Force Act – Quantum of Damages

Family Law – Section 14(1) (a) of Schedule 1 of the Child Care and Protection Act – Medical Treatment in the absence of parental consent – The Court’s parens patriae jurisdiction – An order making a child a ward of the Court – Section 27 of the Judicature (Supreme Court) Act – Child’s best interest – balancing exercise.

Judicial Review - Revocation of Firearm User’s Licence - Failure to conduct hearing by Review Board and Minister – Should the Review Board provide detailed reasons to further an appeal – Role of Review Board – Role of Minister - Decision of Minister made without reasons - Whether delay is breach of natural justice – Statutory Interpretation – Firearms Act, 1967, Firearms(Appeals to Minister) Regulations

Judicial review - Application to strike out -  Misjoinder of respondent - Application for leave to apply for judicial review.

Injunction – Application for the grant of an injunction – Threshold test – Whether there is a serious issue to be tried – Balance of convenience – Whether the balance of convenience lies in favour of the grant of injunctive relief – Irreparable harm – Whether the applicants would suffer irreparable harm should the application for the grant of an injunction be refused – Whether the respondents would suffer irreparable harm should the application for the grant of an injunction be allowed – Application for the grant of an injunction made against the background of a constitutional claim challen

Application for leave to appeal and for stay of proceedings – Relevant
considerations – Real prospect of success – Risk of injustice – Factors determining application for leave to apply and grant of stay

Negligence - Occupiers Liability - Quantum of damages.

Contempt of Court – Breach of order to return items - Party in breach acting on
advice of attorney-at-law - Whether a defence - Whether a mitigating factor - Purpose
of sanction for “civil” contempt - Appropriate fine - Observations on applicability of
authorities from other jurisdictions.

Judicial Review - Whether amended fixed date claim filed without leave permissible at trial – Whether building permit granted during COVID-19 considered emergency– Whether grant of conditional planning and environmental permits ultra vires – Whether conditional grant of environmental and planning permits subject to judicial review - Interpretation of section 20 Building Act 2018 - Kingston and St. Andrew Building (Notices and Objections) Regulations 1938 - Town and Country Planning Act 1958 - Natural Resources Conservation Authority Act 1991 - Town and Country Planning (Kingston and St.