Contract for services - Whether once signed a party is bound by its terms - Whether termination clause inserted after it was signed - Whether Non est factum applies-Whether contract lawfully terminated – Practice – Whether bundle of documents “not agreed” should be filed.
Insolvency - Proposal made to secured creditors only – Whether meeting of creditors to consider proposal properly constituted – Whether unsecured creditors have a right to vote –Insolvency Act – Sections 5, 7,15,18,19,22 and 38-Observations on role of the Supervisor of Insolvency - Preliminary point- Whether party who files written submission out of time, and in breach of an order of the court, ought to be permitted to make submissions.
Application for summary judgment - Contract - Flow Super Cup - Claim and counterclaim - Defence that amounts collected were spent for the claimant's benefit - Whether real prospect of success - Counterclaim reliant on an oral agreement - Whether real prospect of success.
Company Law-Application to Strike Out Claim – Allegations related primarily to corporate governance - Whether a claim pursuant to section 212 (derivative) or section 213A (oppression) is appropriate.
Civil Procedure – Application to renew order for seizure and sale- Whether application made within twelve months of issue date- Whether the “corresponding date rule” of computation of time applies - Whether interests of other judgment creditors affected.
Admiralty Claim- Application to strike out claim – Collision between two vessels - Contract for towage services - Whether contract incorporated exclusive jurisdiction clause - Whether Jamaica a forum conveniens – Whether claim in rem - Whether incorrect form of claim.
Application for Summary Judgment – Claim for recovery of possession- Whether defence has real prospect of success - Whether 1st Defendant (an attorney at law) owed fiduciary duties to Claimant - Whether breach of duty - Whether Defendants have real prospect of establishing a proprietary or other estoppel to prevent recovery of possession.
Application for summary judgement and to strike out - Building contract - “No assignment” clause - Whether 2nd Claimant lawfully assigned contract to 1st Claimant - Whether Defendant waived no assignment clause - Whether 1st Claimant entitled to claim in name of 2nd Claimant by subrogation - Whether claim has no real prospect of success.
Bankruptcy – Application by creditor to lift automatic stay - Whether false statement as to solvency in loan application - Whether a sufficient basis to lift stay- Whether public interest served- Whether policy of statute relevant consideration.
