The Hon. Miss Justice Anne-Marie A. Nembhard

Negligence – Action upon the case – Limitation – Whether action statute-barred – Application to amend pleadings – Whether in interests of justice amendments should be allowed – Evidence – Expert witness – Application to rely upon expert evidence – Content of expert witness’s report – Limitation of Actions Act, 1881, section 46, Limitation Act, 21 Ja. I, c. 16, sections 3 and 7, Civil Procedure Rules, 2002, rules 11.6(1), 20.1, 20.4, 20.6, 32.2, 32.3, 32.4(2), 32.6(1), 32.12 and 32.13(3)(a), (b) and (c)

Contract – Mental capacity to contract – Defendant’s mental disorder – Knowledge of the other contracting party – Averment of knowledge – Onus of proof – Whether the separation agreement is voidable by virtue of the defendant’s mental disorder – The bases on which matrimonial property is to be divided between the claimant and the defendant – Mental Health Act, section 2, The Property (Rights of Spouses) Act, sections 2, 4, 10, 13, 14 and 15

Civil Procedure – Application to adduce further evidence – Whether further evidence can be adduced after the close of the evidence and before judgment is delivered – The relevant test to be applied

Contract – Interpretation of contract – The proper interpretation to be applied to specific clause of the contract - Whether the words used in the contract create an ambiguity – Whether the contract is a fixed term contract – Whether the provision to terminate the contract before the expiration of the fixed term creates an absurdity.

Civil Procedure – Whether the judgment creditor can seek to enforce the judgment debt owed to it by the judgment debtor by seeking to have the provisional charging order made final in light of the judgment debtor’s having been declared bankrupt – Whether an application for the annulment of a certificate of assignment can be made orally – Whether a certificate of assignment can be annulled on the basis that the conduct on the part of the judgment debtor amounts to an abuse of process – Whether the conduct on the part of the judgment debtor amounts to an abuse of process – Whether the certifi

Matrimonial Property – Claimant’s entitlement to an interest in properties other than family home – Claimant’s monetary and non-monetary contributions toward the acquisition, conservation or improvement of the said properties – Property (Rights of Spouses) Act, sections 13, 14 and 15

Civil procedure – Summary judgment – Whether contract arrived at by the parties – Breach of employment contract – Trespass - Detinue – Conversion – Factual disputes – Whether summary judgment appropriate in the circumstances – Part 15, Civil Procedure Rules, 2002

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)

Equity – Constructive and resulting trusts – Tenants in common – Whether the claimant is entitled to a greater interest in land than that endorsed on registered title

Matrimonial Property – Claimant’s entitlement to an interest in the family home – Whether claimant’s interest in family home has been extinguished – Property (Rights of Spouses) Act, 2004, section 6, Limitation of Actions Act, 1881, sections 3, 4, 14 and 30