The Hon. Mr. Justice Leighton Pusey

Motor vehicle accident – Damages for Personal Injuries.

Contract Law – Agreement of sale for land – Specific performance – Land allotted by the Commissioner of Lands – Was there an intention to sell the land – Is the agreement for sale of land valid and enforceable – Should damages be awarded for loss of bargain – Is there a loss of profits – Recovery of Possession.

Civil Procedure – Application for Intervention – Winding Up Petition – Sufficient Interest – Whether there is sufficient interest for an intervention – Does the Civil Procedure Code apply – Application to Set Aside Order – Whether the Court has the jurisdiction to set aside a consent order – Was there an abuse of process in obtaining an Order of the Court – Costs – Civil Procedure Code s. 100 – Companies Act s. 205

Judicial review - Committal proceedings - Proceedings conducted int he absence of an order - Judicature (Parish Courts) Act, S. 272 and Committal Proceedings Act, S. 3.

Committal proceedings - Duty of the Parish Court Judge - Whether the proceedings are inquisitorial or adversarial - Judicature (Parish Courts) Act, S. 64 - Admissability of statements - Whether statements taken prior to the commencement of the Act need to be retaken by a member of the Jamaica Constabulary Force - Committal Proceedings Act, S. 21(4)(a).

Summary Judgment – Defendant’s Application to Strike Out Claim – Whether the Bank of Jamaica has a duty to intervene in private banking contracts – Whether commercial banks have a duty to investigate fraud before issuing mortgages – Banking Act s. 39 and s. 41 – Registration of Titles Act s. 71 and s. 263

Criminal Law – Murder – Abuse of Process – Jurisdiction of the Court – Delay – Prejudice – Right to Fair Trial – Right to a Trial Within a Reasonable Time – Permanent Stay of the Indictment – Charter of Fundamental Rights and Freedoms sections 14(3) and 16(1)

Civil Procedure – Court making Orders on Its own Initiative to strike out statement of case – Is there a prima facie case – Should the matter be transferred to the Commercial Courts – Civil Procedure Rules, 2002, 71.3.

Judicial Review – Was the vehicle uncustomed goods – Locus Standi – Can the court make orders about the Claimant’s equitable rights in the absence of the legal owner – Was the vehicle unlawfully seized by the agents of the Jamaica Customs department – Abuse of Process – The Customs Act, s. 2, 19, 91, 210, 219 and 259.
Costs – No Orders as to Costs – Civil Procedure Rules, 2002, Part 64

Tort – Negligence – Vicarious Liability – Injury on worksite – Employee Contract – Is the claimant an independent contractor – Occupier’s Liability – Effect of Settlement Agreement – Misrepresentation – Occupier’s Liability Act, section 3.

Notice of Motion – Procedural Difficulties – Whether constitutional relief can be sought by way of Notice of Motion – Bias – Whether there were actual incidents of bias – Civil Procedure Rules, 2002, 56.9