Civil Practice and Procedure – Application to set aside default Judgment – Whether court personally served – Whether defence shows real prospect of successfully defending claim
Company Law - Security for costs application under Section 388 Companies Act- What constitutes credible testimony of reason to believe company will be unable to pay costs - Sub-sections 221(a) and 221(c) Companies Act - Different requirements - When company deemed to be unable to pay debts - Inability/failure to pay debts more crucial test of insolvency than whether liabilites exceed assets
Insurance policy – Law of contract – What constitutes offer by insured and acceptance by insurer – Whether accord and satisfaction, release and discharge – Whether average clause applicable – Significance of term "SUBJECT TO THE TERMS AND CONDITIONS OF THE POLICY"
Agreement for sale of land –Purchaser entering into possession for a period of time – Whether liable for interest on unpaid balance of purchase price or Mesne profits consequences of vendors remaining in possession thereafter – Specific performance
- Whether vendors guilty of willful default.
Where vendor possession in default, But not willful,
Entitlement to rents and profits and not interest.
Company law – Insolvency– Private international law – Appointment of liquidator in winding -up proceedings in foreign court - Claim filed by company for breach of fiduciary duty , contract and fraud prior to winding-up order – Locus standi of liquidator to continue proceedings - Whether need for letter of request from foreign court to Jamaican court seeking assistance – Inherent jurisdiction of the Court to recognize and assist liquidator – Form of recognition - Whether assistance necessary.
Interlocutory injunction - Mortgage by way of guarantee and guarantee - Whether serious issue to be tried - Unconscionable conduct/undue influence - Bank's obligations to volunteers - Legal advice clause - Condition for grant of injunction - Payment into court.
Bankruptcy - Bankruptcy Act - Sections 39, 84, 42 - Meaning of 'debt provable in bankruptcy" - Whether bankrupt or trustee in bankruptcy to conduct proceedings - Whether automatic stay of proceedings.