The Hon. Miss Justice Anne-Marie A. Nembhard

Limitation of Actions – Land – Registered land – Trespass – Right to possession of land – Injury to possessory rights – What is deemed to be possession of land – Actual possession – Intention to possess land and the exercise of control over it to the exclusion of other persons – Nature and character of land – Unlawful and unjustifiable presence on land in the possession of another – Whether the 
claimant has proven that the defendant’s actions amount to the tort of trespass – Burden of proof – Standard of proof – Balance of Probabilities
Defence – Defence to trespass

Civil procedure – Summary judgment – Interlocutory application for summary judgment – Whether summary judgment ought properly to be granted in favour of the claimant on the claim – Whether summary judgment ought properly to be granted in favour of the ancillary claimant on the ancillary claim – The approach of the court in dealing with an application for summary judgment – Whether the defence to the claim has a reasonable prospect of success – Whether the defence to the ancillary claim has a reasonable prospect of success - Burden – Burden of proof – Standard – Standard o

Judicial Review – Claim for judicial review – Illegality – Error of law – Whether the operations stewards were duly authorized to investigate the claimant for failing to take all reasonable and permissible measures throughout a race to ensure that a horse that she was riding was given the best possible placing in the race – Whether the operations stewards were duly appointed authorized persons by the commission – Whether the operations stewards were duly issued with certificates of appointment as required by statute.

Negligence – Motor vehicle collision – Vehicle parked on the roadway approaching a bend or curve in the roadway – Vehicle attempting to move around parked vehicle – The duty of care – The duty of care in terms of proper care – Reciprocated duty – Road Code – Breach – Effect – Breach creating no presumption of negligence – Road Traffic Act, sections 51(2), 53(1), 95(3), Island Traffic Authority Road Code, Part 2 – 35, 39(b), (c), (d) and (e) and 40

Tort – Wrongful interference with goods – Detinue – Conversion – Whether there was a wrongful taking, detaining and disposal of the claimant’s property

Limitation of Actions – Adverse possession – Land – Registered land – Tenancy-in-common – Co-owners hold interest in land as tenants-in-common – Extinction of title of registered co-owner – Whether the now deceased co-owner was dispossessed of his interest in the land prior to his death – Whether the estate of the now deceased co-owner was dispossessed of his interest in the land subsequent to his death – Whether the interest of the now deceased co-owner passed to his estate upon his death – Whether the claimant has proven that she has been in open and undisturbed possession of the land for

Defamation – Press release containing defamatory imputations against the claimant – Meaning of words published – Implications – Innuendo .
Burden – Burden of proof – Standard – Standard of proof – Whether the intention of the defendants is relevant.

Defence – Defence of fair comment – Defence of qualified privilege.
Damages – Principle of compensation to an individual claimant – The Defamation Act, 2013, sections 2, 3, 20(2), 20(3), 21(1), 30(1) and 30(2).

Civil Procedure – Res judicata – The doctrine of res judicata – Issue estoppel – The doctrine of issue estoppel – Whether the instant claim is a collateral attack on a previous order of the court – Whether the instant claim offends the doctrine of res judicata – Whether the claim offends the doctrine of issue estoppel – Whether the formalities for the sale of land have been satisfied in respect of the purported sale and purchase of the subject property – Intestates’ Estates and Property Charges Act, sections 2(1) and 4(1), Interpretation Act, section 41

Judicial Review – Claim for judicial review – Availability of remedy – Certiorari – Application for the grant of an order of certiorari to quash the decision of the minister with responsibility for town and country planning – Mandamus – Application for the grant of an order of mandamus to compel the minister with responsibility for town and country planning to grant the application for building and planning permission to construct a fuel station and convenience store – Whether the decision to refuse the application is unreasonable – Whether the defendant failed to comply with the statutory

Judicial Review – Claim for judicial review – Availability of remedy – Prohibition – Mandamus – Whether the Minister of Industry, Commerce, Agriculture and Fisheries has a statutory duty to issue guidelines for the transportation and handling of ship-generated food waste in accordance with environmental permits – The Animals (Diseases and Importation) Act – Plant (Quarantine) Act – Shipping (Training, Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations 1998