Civil Procedure - Application by claimant and defendant to stirke out each other's claim - Application for such further and or other relief as may be just.
Evidentiary ruling and ruling on an aspect of the defendant's defence and ruling on the defendant's list of documents - Disclosure - Hearsay - Agreed documents - Evidence Act - List of documents Rules 28.1, 28.2, 28.4 and 28.14 of the Civil Procedure Rules (CPR) - Setting out case - Rules 10.5 (3), (4) and (5) of the CPR.
Application for extension of time to file defence - Need to also obtain extension of time to file acknowledgement of service - Neglect of Attorney in failing to file defence in time - Failure of applicant to offer any explanation for failure to file acknowledgement of service - Filing of counterclaim and ancillary claim - 'ancillary claim' defined in rules of court as including 'counterclaim' - Factors to be considered by court in deciding whether to grant an extension of time for filing defence - Length of delay - Reasons for delay - prejudice to claimant - Whether proposed defence has a r
Application to set aside default judgment – Service by registered post – Presumption of service – displacement of presumption of service – Default judgment irregularly entered – Improper party named as defendant – Substitution of defendant – Defence with realistic prospect of success – Duty owed by occupier to trespasser.
Application for consolidtion of claims - Distinction between consolidation of claims and trying of two claims at the same time - What court shold consider in deciding on whether claims should be consolidated.
Claim for breach of statutory duty and/or negligence – Duty to securely fence any dangerous part of any machinery in a factory – Duty to securely fence is not dependent on whether machine can be used as intended with secure fencing of same in place – Definition of ‘dangerous part’ – Whether protection afforded to those who unauthorizedly interact with dangerous parts of machinery in a factory.
Judicial Review - Whether refusal to re-enlist a Jamaica Constabulary Force member is equivalent to a dismissal of that member from his employment with the Jamaica Constabulary Force - Natural justice - Legitimate expectation.
