IN THE SUPREME COURT OF JUDICATURE OF JAMAICA & IN THE CIVIL OIVISION Y kDe

CLAIM NO. 2008 HCV 00118

BETWEEN O U W CORP UMITEb CLAIMANT

AND NATIONAL COMMERCIAL BANK DEFENDANT

JAMAICA LIMIT6D

I

IN CHAMBERS

Huntley Watson instructed by Watson and Watson for the claimant

The Hon. Michael Hylton 0. J., Q.C. and Carlene Larmond instructed by

Michael Hylton and Associates

bECEMBER 18 and 22, 2008

APPLICATION TO DISCONTINUE CLAIM - RULES 1.1, 1.2, 37.2 (I),

JUDICIAL REVIEW - LEGITIMATE EXPECTATIONS - FAIR HEARING

– MANDAMUS – CERTIORARI - UNREASONABLENESS - PRECEDENT

FACT – DAMAGES IN ADMINISTRATIVE LAW - EDUCATION ACT

1965 - EDUCATION REGULATION 1980 - EXAMINATION CHEATING

- EXERCISE OF DISCRETION

ARBITRATION - POWER TO REMIT MATTER TO THE ARBITRATOR -

SECTIONS 8 (b), (c) AND 11 (1) OF THE ARBITRATION ACT, 1900

(JAM) - SECTIONS 5 AND 8 OF THE COMMON LAW PROCEDURE

ACT, 1854 - SECTION 10 (1) OF THE ARBITRATION ACT 1889 (UK) -

SECTION 22 (1) OF THE ARBITRATION ACT 1950 (UK)

DIVISION OF PROPERTY - PRESUMPTION OF

ADVANCEMENT - RESULTING TRUST - CONSTRUCTIVE

TRUST - COMMON INTENTION - ACTS AMOUNTING TO

ACTING ON COMMON INTENTION - SECTIONS 7 AND 8

OF THE STATUTE OF FRAUDS - MARRIED WOMEN'S

PROPERTY ACT - PROPERTY (RIGHTS OF SPOUSES) ACT -

POWER OF JUDGE TO REVISIT DECISION BEFORE

PERFECTION OF ORDER.

Application for summary return of child - Factors to be considered - Whether summary return is in the best interest of the child.

Freezing order - Application to discharge freezing order - Damages for breach of contract - Remoteness of damage - Difference in measure of damages between contract and torn - Rule in Hadley v Baxendale.

Redundancy payments - Whether there was contract between employer and employee on calculation of redundancy payments.

Application to strike out claim - Defamation - Libel - Legal profession privilege - Legal advice privilege - Litigation privilege - Whether legal porfessional privilege defence to defamation - Boundaries of legal professional privilege - Proportionality under the Civil Procedure Rules - Abuse of process.

Application to restore case to cause list - Rules 11.18 and 27.8 (4), (5) of the Civil Procedure Rules - Whetehr notice of orfer is same as service to the order.

Negligence - Section 31E of the Evidence Act - Assessment of damages.