2025

Constitutional Law – Statutory Interpretation – Right to a Fair Trial – Right to Receive Records of Proceedings – Reasonable Time – Right to Due Process – Right to Equitable and Humane Treatment – Right to Presumption of Innocence – Right to Protection of Property – Right to Freedom of Movement – Right to Freedom from Arbitrary Arrest – Whether the police officers had reasonable suspicion – Right to Liberty and Security of the Person – Constitutionality of the Offensive Weapons (Prohibition) Act – Constitutionality of Regulation 41 of the Fire Brigade Regulations – Right to Make Representat

Property law - Land - Attorney transfers land out of the name of defendants while claim is sub judice - No disclosure of transfer to court or opposing counsel - No joinder of third parties to claim - No orders made against land in absence of owners of freehold - Supreme Court Act S. 2 & 48.

Succession – Probate – Validity of a Will – Forgery – Fraud – Has the presumption of validity been rebutted – Revocation of a Grant of Probate – Is the absence of all the relevant parties material such that the matter cannot proceed – Is the principle of laches applicable – Joinder and Interested Parties – Is the Expert Report admissible – Should the Court pronounce for the force and validity of the Will – Wills Act section 6 – Civil Procedure Rule 32.13 and 68.56.  

Civil Procedure – Application to strike out claimant’s statement of case – Claim for wrongful dismissal – Whether the claimant’s statement of case discloses any reasonable grounds for bringing the claim – The distinction between a claim for wrongful dismissal and one for unjustifiable dismissal – Whether the claimant’s statement of case ought properly to be struck out – Sections 11 and 11B, The Labour Relations and Industrial Disputes Act – Rules 9.6 and 26, Civil Procedure Rules, 2002, as amended

Negligence – Motor vehicle collision – The duty of care – The duty of care in terms of proper care – Reciprocated duty – Road code – Breach – Effect – Breach creating no presumption of negligence – Contributory neglince - Credibility of witnesses.

Damages – Personal injury – Quantum of damages Road Traffic Act, sections 51(2), 53(1)(a) and (b) and 95(3), Island Traffic Authority Road Code, Part 2 – 1, 35, 39(b),(c),(d) and (e) and 40

Costs - Whether costs are payable by the claimant on withdrawal of an interim application - Civil Procedure Rules 64.6(3) and (4) and 37.6(1).

Negligence - Road Traffic Accident – Damages for personal injuries.

CONSTITUTIONAL LAW – The Constitution of Jamaica – Section 13, 19, & 20 of The Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act, 2011 – Whether the Claimant has locus standi – Whether the States of Public Emergency were imposed for a proper purpose within the meaning of Section 20 of the Constitution – Whether the imposition of States of Public Emergency was reasonably justifiable – Whether the imposition of States of Public Emergency was demonstrably justifiable in a free and democratic society – Whether the imposition of States of Public Emergency breached the

Pensions - The Pensions (Superannuation Funds and Retirement Schemes) Act, 2006 – Section 27(2)(b) – Section 27(4) – Whether requirement of 90 days’ notice of an intention to wind up is mandatory – Whether failure to give 90 days’ notice renders notification void – Whether regulator’s jurisdiction to give approval affected – Whether notice may be varied or time within which to consider extended – Whether declaration should have a prospective effect.

Family law - Return of child - The Hague Convention on the Civil Aspects of International Child Abduction 1980 - Articke 3, 11, 12 & 13 - The Children (Guardianship and Custody) (Amendment) Act - Whether the Court should exercise jurisdiction under the Hague Convention - Claimant initiating proceedings for custody - Acceptance of Court's jurisdiction to provide relief - Forum shopping - Habitial residence - Versal agreement - Consent or acquiescence - Whether unlawful retention - Discretion after one year.