2019

Whether property held on trust - Whether joint tenancy severed - Admissibility of statements contained in document purporting to be affidavit which was not properly executed - Whether claimant's interest in property extinguished by virtue of provisions of Limitation of Actions Act - Whether it was necessary to bring claim against Attorney-at-law in possession of duplicate certificate of title.

Locus standi - Whether the action is brought as a relator’s claim - Whether the claimant has the locus standi to bring the claim (Rule 8.12). Breach of Contract - Whether there is a valid contact between the parties - Whether the contract is void for illegality. Negligence - Bailor - Bailee - Whether the defendant/bailee owed a duty of care to the claimant/bailor - Whether the defendant breached his duty of care - Damage to property.

Application to Dismiss for want of prosecution - Abuse of the process of the court - Whether there is inordinate inexcusable delay - Whether there is or will be incurable prejudice - Whether a fair trial is possible - Rule 1.1 - Rule 26.3 of the Jamaica Civil Procedure Rules (CPR).

Civil Practice and Procedure - Notice of Application to file Ancillary Claim - Rule 18.5 of the Civil Procedure Rules - Whether Ancillary Claim statute barred - Law Reform (Tort-feasors) Act.

Judicial review - Substantial change of circumstances case after leave to apply granted - Whether new application for leave to apply needs to be filed - Whether claimant's statement of case can be amended with the leave of the court, specifying new grounds for judicial review - Application for specific disclosure - Variation of earlier court order made by a judge of concurrent jurisdiction - Extension of time to apply for leave - Judicial review procedure.

Limitation of Actions Act; sections 3, 4, 14 and 30 – Adverse Possession – Whether joint tenancy has been severed – Whether there was a partnership to operate jointly owned property for mutual benefit.

Constitutional law – Right to fair trial within a reasonable time – Period before charge 27 years – Period after charge 7 years – Incest – Indecent Assault – Whether delay breached right to hearing within a reasonable time – Whether right to fair hearing breached or is likely to be breached – Whether stay of proceedings the appropriate relief – Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act – Section 16.

Contract - Novation - Whether there was consent of the parties.

Limitation of actions – Application for an enlargement of the time for filing a claim form under the Fatal Accidents Act – Considerations for the Court.

Judicial review – Statutory interpretation – Whether the industrial disputes tribunal has the statutory authority to replace more than one member of a three-member division after the hearing of a dispute in relation to which it was constituted has begun and before an award is made – Whether the matter should be remitted to the industrial disputes tribunal for the hearing of the dispute to commence de novo – Labour Relations and Industrial Disputes Act, sections 7, 8(4), 10, 11, 12 and 20, Civil Procedure Rules, 2002, rule 56.16 (2)