2018

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.

Negligence - Motor vehicle collision - Personal injuries - Damages to motor vehicle
- whether the defendant is liable - Whether the claimants are contributory negligent. Assessment of Damages - Special damages - Whether loss of earning - Loss of future earnings should be strictly proven - Loss of earning capacity - Whether multiplicand/multiplier approach is appropriate - Pain and suffering and loss of amenities.

Civil Practice and Procedure - Notice of application to set aside default judgment - Civil Procedure Rules, 2002, Rules 13. 2 and 13.3

Application to Strike out Claim –Arbitration - Section 12 (2) Arbitration Act (1900) – Construction of Contract – Mitigation of Damages – Whether misconduct - Whether error of law on face of the record – Court’s inherent jurisdiction – Whether reasonable ground to bring claim.