2024

Declaration of spousal relationship under section 2 of the Intestates Estates and Property Charges Act - Whether the applicant was a single woman - Whether the deceased was a single man - Whether the applicant and the deceased cohabited together as though they were man and wife for a period of not less than 5 years prior to the death of the deceased

Civil Procedure Rules - Application to file defence out of time - CPR 10.3(9)-What
are the principles the court will consider in granting such an Application-
Whether there is an affidavit of merit

Judicial Review - Certiorari - Section 5C Civil Aviation Act - whether the Civil Aviation Authority and Minister acted reasonably and within the bounds of their discretion in appointing an Investigator-in-charge of an aviation occurrence when allegations of bias were made against the Investigator-in-charge by the affected airline operator - Whether the appointment of the Investigator-in-charge was tainted by procedural impropriety on the ground that allegations of bias raised with the Civil Aviation Authority were not brought to the attention of Minister.

Negligence - Occupier’s Liability Act - Breach of Duty of Care - The Claimant
alleges that he fell from the steps of the Employer’s Truck which were wet due
to heavy rains - Whether the employer failed to provide a safe system of work.

Civil Practice and Procedure – Application for Specific Disclosure – Whether or not
document requested is necessary to fairly dispose of the claim – Whether specific
disclosure can be ordered to assist a party prove damages.
Intellectual Property Law – Copyright Law – Copyright Act – Whether or not a
licence fee is part of the terms of a licencing scheme under section 87 of the Act –
Whether or not a licencing body needs to have establish the licencing fees for the
classes of cases covered by the scheme before the scheme can be implemented.

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

CIVIL PROCEDURE: 2nd Ancillary Defendant’s failure to file and serve witness statement within the relevant time - Rule 29.11 of the Civil Procedure - Application for relief from sanctions under Rule 26.8 of the CPR - Whether the relevant witness statement was filed and served within time as prescribed or whether any sanction applies, and if so, what sanction applies - Whether the application for relief was filed promptly - Whether the application for relief, filed, is supported by evidence on affidavit - Whether the affidavit in support of the application for relief is admissible - Whether

CIVIL PROCEDURE: Applications by the claimant and 2nd defendant for relief from sanctions, arising from the respective parties having failed to file and serve witness statements within the time ordered by the court - Whether the 2nd defendant’s application for relief, filed, is supported by evidence on affidavit - Whether the 2nd defendant’s application for relief was filed promptly - Whether the party in default, the 2nd defendant, generally complied with all other relevant rules, Practice Directions, orders and directions - Whether the failure to comply was unintentional - Whether there i

CONSTITUTIONAL LAW – The Jamaica (Constitution) Order in Council, 1962, section 48 and 49 – Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act, 2011, sections 17(1) and 20 – Whether section 26(2) of the Disaster Risk Management Act breaches the Claimant’s right to freedom of religion guaranteed by section 17(1) of the Charter – Whether breach of the right to freedom of religion by section 17(1) of the Charter is demonstrably justified in a free and democratic society – Whether Regulations under section 26(2) of the Disaster Risk Management Act must comply with section

Administrative Law - Judicial review - Whether delay bars grant of relief – Decision of Commissioner of Police not to confirm Constable on probation - Statutory Interpretation of The Police Service Regulations - Natural Justice -Meaning of show cause - Date of impugned decision is the date time begins to run - Deeming provision applies if Commissioner fails to act Jamaica Constabulary Force Act, section 3(2)(a), The Police Service Regulations, 1961, Regulations 24(6)(a), (b), Civil Procedure Rules 56.6(7), (3)