Flemming v Myers and the Attorney General

JurisdictionJamaica
Date1989
Year1989
CourtCourt of Appeal (Jamaica)
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12 cases
  • Williams (Neville) v Janine Fender, Carlton Henry and Attorney General of Jamaica
    • Jamaica
    • Supreme Court (Jamaica)
    • November 7, 2009
    ...and detention of Mr. Williams without bail were unreasonable and without legal justification. He relies on Peter Flemming v Sergeant Myers and The Attorney General of Jamaica (1989) 26 JLR 525. He submits that the claimant has satisfied all the ingredients of Malicious Prosecution. He has p......
  • Kerron Campbell v Kenroy Watson and Attorney General of Jamaica
    • Jamaica
    • Supreme Court (Jamaica)
    • January 6, 2005
    ... ... tort of false imprisonment is committed whenever a person is detained against his will without legal justification (see Carey P (Ag) Flamming v Myers (1989) 26 J.LR. 525, 527C ). The restraint must be total. In this case, it is agreed that Mr. Campbell was arrested and taken to the police station ... 16 16. Mr. Wilson submitted that Forte J.A.'s interpretation of section 33 of the Constabulary Force Act in Flemming's case is of limited application. His Lordship held that, under section 33, claimant suing a police officer for malicious prosecution is required to ... ...
  • Crosfield (John) v Attorney General of Jamaica v Corporal Ethel Hamilton
    • Jamaica
    • Supreme Court (Jamaica)
    • September 10, 2009
    ... ... 2 Following the decision in Peter Fleming v Det. Cpl. Myers and The Attorney General (1989) 26 JLR p. 525 and quoting therefrom, "the onus of proving the absence of legal justification would be on the ... ...
  • Russell (Maxwell) v Attorney General for Jamaica and Corporal McDonald
    • Jamaica
    • Supreme Court (Jamaica)
    • January 18, 2008
    ...be awarded. 15 A claim for false imprisonment is maintainable where a person is detained without lawful justification Flemming v. Myers and the Attorney General (1989) 26 J.L.R. 525 at 530 per Carey J.A. Flemming and a number of other cases, for example, Kerron Campbell v. Kenroy Watson and......
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