Personal Injury - Negligence - Breach of duty of care - Employer’s duty to employee - Occupiers’ Liability Act - Common duty to take care - Assessment of damages.
Application for Leave to apply for Judicial Review - Whether there was delay - Applicant saying Minister acted ultra vires in the referring the matter to the IDT - Whether the Applicant has an arguable case; Rule 56.
Application to strike out Claim - Whether the Claimants failed to set out their case- Claimants served Amended Fixed Date Claim Form with Notice of Application for Court Orders with one affidavit - Whether the Claimants failed to serve Affidavit in Support of the Fixed Date Claim Form - Certificate of Next Friend not served-Whether Appropriate case for striking out - Whether the Claimant’s Statements of Case discloses any reasonable Ground for bringing the Claim. Rules;5.2;8.1;8.2;8.8;8.9,23.3;23.6-9;56.9;56.13
Assessment of damages - Pain and suffering and loss of amenities - Loss of earning capacity - Whether claimant has adduced sufficient evidence for an Award.
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).
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.
