Motor vehicle accident - Differing medical diagnoses by two experts – Criteria for accepting one report above the other – General damages to be assessed for pain and suffering – Significance of differing whole person percentage impairment by experts.
Matrimonial home - Consent order filed that parties are joint tenants of subject property - Order that property to sold and net proceeds of sale be distributed between parties equally - Order that either party can elect to purchase property - Neither party electing to purchase property - Which party is to have first option to purchase property.
Family Home – Whether Claimant entitled to one half share therein principles – Property (Rights of Spouses) Act – Whether one half share rule to be varied – Principles to be applied.
Administrative law - Judicial review - Constitutional relief - The Public Service - Compulsory retirement - Retirement on the grounds of re-organization redeployment - Whether public servant has the right to be heard prior to compulsory retirement - Whether the Judicature (Supreme Court) (Amendment) Act, 2016 is unconstitutional - Separation of powers - Jamaica (Constitution) Order in Council, 1962 - The Pensions Act - The Public Service Regulations, 1961 - Locus standi - Certiorari - Order of prohibition - Permanent injunction - Damages in public law - Declarations.
Sale of land - Undated contract for sale of land between claimant and first defendant - Prior agreement for sale of land between the first defendant and second defendant – Undated contract repudiated by first defendant – Caveat entered by claimant –Whether claimant entitled to specific performance - Caveat entered by second defendant prior to signing of agreement for sale between claimant and first defendant – Claimant’s claim for specific performance – Whether statute-barred - Whether claimant entitled to order for adverse possession – The Limitation of Actions Act - Laches – whether claim
Assessment of Damages - Whether Claimant had duty to mitigate loss – principles – General damages – Pain and suffering and loss of amenities – Future medical care – Special damages – Claim for extra help – principles – Evidence – Civil Proceedings – Evidence Act
Application for costs and interests – whether Court to order payment of costs litigation at first instance, on appeal and on oral application for costs and interest by Respondent Principles – S 5, 8 and 18(1) of the Motor Vehicle (Third Party Risks) Act
Application to vary order for joint custody of relevant child – Whether to vary order for maintenance, travel, extra-curricular activities and medical expenses - Whether school fees for L is “reasonable” pursuant to judge’s order - Whether parties can relitigate findings of fact of trial judge without there being an appeal of the orders of the trial judge – Whether there is a change in the individual circumstance of each litigant to warrant a variation of the Judge’s orders – whether businesses operated by Defendant a “sham” – Consequences of failure by Defendant to obey order of Court to d
