2020

Land law – Indefeasibility of Title – Registration of Titles Act ss.68, 70 and 71– Whether title holders are the legal owners of all the land comprised in the title – Whether Claimants are entitled to damages for trespass and loss of use of lot occupied by 2nd Defendant – Whether lot occupied by 2nd Defendant included in title by error of and/or wrong description of the parcels or boundaries – Whether disputed lot of land acquired by 1st and 2nd Defendants by ‘adverse possession’

Civil procedure – Claim form filed close to the expiration of the limitation period – Application to extend the validity of the claim form filed within the life of the claim form – Whether it is appropriate to extend the validity of the claim form after claim became time-barred – Rule 8.15 of the Civil Procedure Rules.

CLAIM FOR DAMAGES FOR MALICIOUS PROSECUTION – WHETHER CLAIMANT WAS MALICIOUSLY PROSECUTED – WHO PROSECUTED THE CLAIMANT – WHETHER 2ND AND 3RD DEFENDANTS CAN PROPERLY BE HELD INDIVIDUALLY LIABLE – WHETHER THE 2ND OR THE 3RD DEFENDANT PROSECUTED THE CLAIMANT WITHOUT ANY REASONABLE AND/OR PROBABLE CAUSE – PROSECUTOR WHO IS A POLICE OFFICER HAVING ACTED ON INSTRUCTION OF CLERK OF COURT – ASSESSMENT OF DAMAGES FOR MALICIOUS PROSECUTION

Civil procedure – Claim form filed close to the expiration of the limitation period – Application to extend the validity of the claim form filed within the life of the claim form – Whether it is appropriate to extend the validity of the claim form after claim became time-barred – Rule 8.15 of the Civil Procedure Rules, 2002 as amende

Civil procedure – Personal injury claim resulting from motor vehicle accident – Notification of proceedings served on insurance company in compliance with section 18(2)(b) of the Motor Vehicles Insurance (Third-Party Risks) Act – Whether this notification of proceedings can satisfy the requirements in rules 5.13 and 8.13 of the Civil Procedure Rules – Whether it is appropriate to dispense with the service of the claim form in these circumstances and after claim became time-barred – Rules 5.13, 6.8, and 8.13 of the Civil Procedure Rules.

Civil procedure – Application to extend the validity of the claim form and application for an order for service by a specified method – Whether multiple extensions might be granted on hearing one application to extend the validity of the claim form and whether there are compelling reasons for granting more than two six-month extensions – Rule 8.15(2) and 8.15(6) of the Civil Procedure Rules.

Road Traffic Act - Negligence - Motor vehicle collision at intersection of main road and minor road - Car turning across a main road unto minor road - Duty of turning driver - Duty of the motorcyclist on correct side of the road - Motorcyclist not wearing helmet - Contributory negligence

APPLICATION TO STRIKE OUT CLAIM – WHETHER CLAIM IS STATUTE-BARRED – WHETHER CLAIM IS FOR BREACH OF CONTRACT OR INSTEAD, FOR RELIEFS PURSUANT TO A MORTGAGE AGREEMENT WHICH OUGHT TO HAVE BEEN DISCHARGED – LIMITATION ACT DEFENCE

Constitutional law – Constitutionality and validity of good faith certificates – Whether good faith certificates infringe the doctrine of separation of powers – Whether good faith certificates supersede the prosecutorial powers of the Director of Public Prosecutions – Whether good faith certificates which were issued outside of the period of emergency are ultra vires, null and void – The Jamaica (Constitution) Order in Council, 1962, Emergency Powers Act, section 3, Emergency Powers Regulations, 2010, regulations 45 and 46

Judicial Review – Renewed application for leave – Whether Respondent has power to arrest and charge - Whether “designated “ constable under FIDA has power to arrest and charge- Whether Informations void - Whether alternate remedy available in the parish court – Whether Fiat to prosecute should be set aside - Costs.