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.
Road traffic accident - Assessment of damages - Whiplash injury - Whether defendant can be heard at assessment of damages hearing following upon entry of default judgment.