Delaphena, Sandra v THe Board of Management of Black River High School, Teachers' Appeal Tribunal, The Minister of Education and the Attorney General of Jamaica
Judicial Review – Dismissal of Teacher – Allegation of failure to submit lesson plans – Fair Hearing – Breach of the Education Regulations – Procedural Impropriety – Bias – Whether right to Cross-Examine – Hearsay Evidence – Defects in the Application of the Rules of Natural Justice by an Inferior Tribunal can be Cured by a Subsequent Proceeding in an Appellate Court or Tribunal with Review Powers - Irrationality and Failure to Consider Breaches of Natural Justice in ruling of Teachers Appeal Tribunal - Statutory Interpretation
Warren, Gavin (By next friend Charmaine Nisbeth v The Minister of National Security and The Commissioner of Corrections et al
Civil Procedure - Application to strike out amended statement of case – Parties to
litigation must have mental capacity - Words “incapable of managing his or her
own affairs” not defined in Mental Health Act or Civil Procedure Rules - Court may
put matters right in keeping with the overriding objective – Order is retrospective
to date of commencement of the claim – Amendment to pleadings overtakes
original pleadings
Rose-Jackson, Keisha (Administratrix ad Litem in the Estate of Gloria Rose and Sharon McFarlane (Administratrix ad Litem in the Estate f Gloria Rose) v Davidson, Noel
Civil Procedure - CPR 13.2, 13.3- Whether default judgment should be set aside because particulars amended after the default judgment was entered - Whether default judgment should be set aside because amended particulars were not served personally on the Defendant - CPR 39.6 Whether judgment on assessment should be set aside as notice of assessment not served on Defendant - Notice of assessment served by registered post-service by registered post.
IBP Outsourcing Limited v Unique Four Limited
Nuisance – Commercial Lease – Noise from Adjoining Nightclub – Landlord liable in Nuisance if Participated Directly – Whether Landlord Liable for Breach of Covenant of Quiet Enjoyment – Whether Doctrine of Frustration applies – Alteration to Premises – Unstamped Lease Agreement Inadmissible for Enforcement of its Terms – Common Law – Privity of Contract – Parties agreed to be bound - The Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act, 2011, section 16(2) - The Stamp Duty Act, section 36
Codner, Denvan v The Land Surveyor's Disciplinary Committee of Jamaica
Judicial Review − Student Surveyor served by registered post fails to appear at disciplinary hearing – Finding of guilt made in absentia – Sentence – Appeal from sentence – Judicial review of finding of guilt of Committee - Appeal from sentence to Court of Appeal – Challenge to finding of guilt and sentence concurrently in Supreme Court and Court of Appeal – No application for stay of proceedings in Court of Appeal – Court of Appeal reduces sentence before judicial review is complete – Effect on judicial review proceedings.
Jackson, Fitz v The Bank of Novia Scotia
Civil Procedure – Civil Procedure Rules - Summary Judgment – Bills of Exchange Act – Whether any branch of a bank may be considered the Drawee Bank – Rights of Payee – Rights of Payee viz Collecting Bank - Banking Services Act/Regulation - Whether Bank may charge fees for services
Scott, Jacob v Brown, Sabrina and Office of the Children's Advocate
Articles 7,29,37 and 38 of The Hague Convention- Children (Guardian and Custody Act) Amendment 2017- Sections 7E, R - Contracting Parties.
West Indies Petroleum Limited v Scanbox Limited, Winston Henry, Courtney Wilkinson and John Levy
Civil Procedure –Default Cost Certificate – Whether there is a good reason to set aside the Default Cost Certificate – Civil Procedure Rules 64.6, 65.20 and 65.22
Montique, Charles v Smith, Constable Audrey, Attorney General and Detective Constable Tashana Hinds
False Imprisonment – Malicious Prosecution – Whether there was Reasonable and Probable Cause Damages – Aggravated Damages – Exemplary Damages - Vindicatory
Fagan, Fredrick v Perry, Kenneth
Land Law – Fraud – Defeasibility of title – Breach of contract of Sale for Land – Whether a contract was duly formed between the parties – Whether the Defendant/Purchaser completed payment of the purchase price – Whether the Defendant was a purchaser in possession or a Tenant – Whether the Registered Title was transferred to the Defendant by fraud – Whether a contract is still enforceable where there is fraudulent performance.
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