2022

Civil Procedure Rules – Application for summary judgment pursuant to Rule 15.2(a) – Application to strike out statement of case pursuant to Rule 26.3(1)(c) – Whether the Claimants have a real prospect of succeeding in the claim – Whether the Claimants’ statement of case discloses any reasonable grounds for bringing claim – Whether CPR r. 15.3(c) and r. 8.1(4) apply.

Division of Matrimonial Property - Property Rights of Spouses Act - Section 2 (1), 6 (1) and a, 7 (1) of PROSA - Application for a declaration of entitlement to property - Claim for 50% share - Exceptions to the equal share rule - Considerations of the court when determining whether the equal share rule should be varied - Joint tenancy.

Civil Procedure Rules part 37, Rules 37.3(1) and (2) - Filing of defective notice of discontinuance - Filing of Bills of Costs - Refiling of notice of discontinuance - Second Bill of Cost filed pursuant to Rule 65.20(5) -  Application for default costs certificate -Judgment summons for attorney's  costs - Application to  set aside judgment summons - Whether defective notice of discontinuance can be cured by Court Order - Whether second filing of a bill of costs amounted to an abuse of process.  

Civil Procedure –– Whether time has expired for making application to challenge the jurisdiction of the court - Whether the defendant has waived the right to challenge the jurisdiction of the Court - Service of a claim form after the period of validity – Civil Procedure Rules 8.14, 9, 10 and 26.9.

Judicature (Supreme Court) Act - Part 48 Civil Procedure Rules - Registration of Titles Act - What is charging order - Application for an order for sale of land - Whether final charging order should be discharged - Whether beneficial interest in property was transferred prior to the granting of the provisional charging order. 

Administrative Law- Application for Leave to apply for Judicial Review- Whether the opinion of the Office of the Contractor General as well as subsequent referral can be reviewed- Whether a stay can be granted prior to leave being granted- Whether the Court has jurisdiction to intervene in the conduct of Parliament.
Constitution of Jamaica Sections 48 (2) and 51 (1).

Civil Procedure Rules 56 (2) ,56 (3).
Statues Contractor General Act Sections 4(1) (b), 15, 16, 20, 21, 28- Senate and House of Representatives (Power and Privileges) Act Sections 29 and 51.

Lease - Proprietary Estoppel -Tennant constructed permanent structures - Whether lessor obligated to compensate tenant upon termination of the lease - Whether lessee has an equitable interest in the land - Meaning and effect of “tenant’s fixtures”- Whether lessor’s conduct and representations created equitable interest.

Matrimonial Causes Act – Wife’s application to vary order for spousal
Maintenance – Husband’s application to discharge order for spousal maintenance
– Considerations for applications to vary and/or discharge an order for spousal
maintenance made prior to the Maintenance Act under the Matrimonial Causes Act
– Whether court should vary or discharge the order for maintenance

Application for Injunction – Breach of Contract – Whether or not Interim Injunction
should be extended – Whether Balance of Convenience is in Favour of the
Claimant.
Application for Discharge of Injunction – Breach of Contract – Whether the Claim
is Frivolous or Vexatious – Whether or not Balance of Convenience is in favour of
the Defendant to justify discharge of injunction – Whether injunction should be
discharged.

Easement of Necessity – Intended Easement – Property sub-divided leaving one of two lots landlocked – Use of a common area.