Liberal Arts College of Jamaica Ltd v Dr. W Val Chambers & University Council of Jamaica

• Jurisdiction: Jamaica
• Judge: Brooks, J.
• Judgment Date: 23 October 2003
• Judgment citation (vLex): [2003] 10 JJC 2301
• Docket Number: SUIT NO C.L. 2002/C138
• Court: Supreme Court (Jamaica)
• Date: 23 October 2003

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN COMMOM LAW

SUIT NO C.L. 2002/C138

BETWEEN

LIBERAL ARTS COLLEGE OF JAMAICA LTD.

1 ^ST CLAIMANT

AND

DR. W. VAL CHAMBERS

2 ^ND CLAIMANT

AND

UNIVERSITY COUNCIL OF JAMAICA

DEFENDANT

INJUNCTIONS - Application - Injunction to compel Council to withdraw public notice concerning accredition - Claim for damages for negligence and breach of statutory duty - Whether there is a right that ought to be protected - Whether there is a serious issue to be tried

1 Application for Injunction

Brooks, J

2 On the 23 ^rd October when submissions were completed in this matter, I delivered my decision on the basis of the Claimants having stated that the matter was urgent. At that time, I refused the application of the Claimants and I promised then to put my reasons in writing. I do so now.

3 The Liberal Arts College of Jamaica Limited has applied to the Court for an injunction to prevent the University Council of Jamaica from withdrawing accreditation of the College's courses. The College also seeks an injunction to compel the Council to withdraw a notice that it made public concerning the accreditation.

4 The College has made these applications over a year after it filed the Writ of Summons commencing this action. The applications concern the actions by the Council in the post-Writ period. The Council has resisted the application on the basis that the College has not shown that it has a serious issue to be tried.

5 I shall firstly give an outline of the background facts before assessing the College's position.

6 Background

7 The Statement of Claim in the case is dated the 24 ^th day of June 2002. It essentially complains that the Council has unreasonably and/or unfairly neglected and/or refused to grant approval and/or accreditation to the College and its courses. Dr. Chambers, the President of the College, also has a claim for relief but that claim is not relevant to this application.

8 The College, by the Statement of Claim has sought damages for negligence, and for breach of statutory duty. It has also claimed aggravated and exemplary damages for the Council's failures.

9 Having been served with the Writ of Summons and the Statement of Claim, the Council, by letter dated July 10, 2002, granted accreditation to the College for the Bachelor of Science Degree in Business Administration and the Bachelor of Science Degree in Education courses. It made this grant upon specific terms and conditions. It is not necessary to set out terms and conditions m detail here.

10 Dr. Chambers on behalf of the College, signed a copy of the letter mentioned above, placed the date 7 August 2002 on it and returned it to the Council.

11 Between October 1, 2002 and September 8, 2003...