2023

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

Legitimate expectation – Legitimate expectation giving rise to a substantive right – What are the Claimants required to prove to establish a substantive legitimate expectation.

Assessment of damages – Motor vehicle collision – Negligence –– Damages –
Pain and suffering and loss of amenities - Special damages.

Interlocutory application - Striking Out - Summary Judgment, Fraud, Resulting Trust – Proprietary Estoppel.

Judicial Review – Claim for judicial review – Availability of remedy – Prohibition – Mandamus – Whether the Minister of Industry, Commerce, Agriculture and Fisheries has a statutory duty to issue guidelines for the transportation and handling of ship-generated food waste in accordance with environmental permits – The Animals (Diseases and Importation) Act – Plant (Quarantine) Act – Shipping (Training, Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations 1998

Re-enlistment in Police Force is not automatic -  Failure to re-enlist results in the removal of an officer from further service in the Force - It Is not a dismissal.