2018

Application to set aside default judgment - CPR Rule 13.3

Application for extension of time to file defence pursuant to rules 10.2(1), 10.3(1), 10.3(9), 26.1 (2)(c), and 20(1) of the CPR as amended in 2006.

Application to set Aside default judgment – Pursuant to Rule 13.3 of the Civil Procedure Rules (CPR) as amended in 2006.

Application for Relief from Sanctions - Failure to comply with ‘unless’ order.

Civil procedure – Summary judgment – Whether contract arrived at by the parties – Breach of employment contract – Trespass - Detinue – Conversion – Factual disputes – Whether summary judgment appropriate in the circumstances – Part 15, Civil Procedure Rules, 2002

Leave to apply for judicial review – Rule 56.4 of the Civil Procedure Rules – Considerations to determine promptitude of application for leave to apply for judicial review – Rule 56.6 of the CPR – Arguiable ground for judicial review having a realistic prospect of success.

Disclosure – Specific disclosure from a 3rd party – Norwich Pharmacal Relief – Parts 26 and 28 of the Civil Procedure Rules considered – Whether Norwich Pharmacal relief achieves fairness in a court trial – Jurisdiction of Norwich Pharmacal Principle – Mere Witness Rule – Standard of necessity and proportionality.

Civil Procedure-Substitution of parties - Rule 19.4 of the Civil Procedure Rules 2002- Significance of relevant limitation period in the context of Rule 19.4 and the Limitation Act - Service out of the jurisdiction – Rules 7.3 and 7.5 of the Civil Procedure Rules 2002 considered - Without prejudice communication – Legal principles governing without prejudice communication

Statutory interpretation - Housing Law, 1958, S. 46A(2)(g), 48(B) and 46(c) - Whether statutory cause of action exists - Whether Jamaica Public Service Company obliged by law to replace underground electicity cable at own expense.

Default judgment – Application to set aside default judgment – Criteria to be satisfied – Definition of ‘real’ in real prospect of successfully defending Claim – Whether Ancillary Claim filed is a nullity.