Court:
Supreme Court
Catchwords:
Constitutional law-Breach of right to a fair trial within a reasonable time-Delay in judgment being delivered-Impossibility of judgment being lawfully delivered the Judge having retired-Whether a retrial ought to be ordered-Burden of proof as regards whether a retrial ought to be ordered-Remedies-Whether compensation ought to be awarded to the claimant as damages arising from the breach-Assessment of sum to be awarded-Whether award can include damages and costs in original claim-Charter of Fundamental Rights and freedoms (Constitution Amendment) Act 2011, section 16(2)-The appropriate costs order to be made in respect of this claim-Civil Procedure Rules, 2002 rule 64.6 (3) and 64.6 (4) (b) and (d)
Document Type:
Year:
2021
Suit/Claim number:
SU 2019 CV 04326
Neutral Citation:
[2021] JMFC Full 1