The Hon Mrs. Justice G. Henry-McKenzie (Ag)

Default Judgment - Application to set aside – Whether default judgment should
be set aside as of right – Whether defendant has a real prospect of successfully
defending the claim - Rules 13.2 and 13.3 CPR.

Summary judgment - Application - Civil Procedure Rules 15.2 - Contract law - Breach of contract - Demand loan agreements - Whether promissory notes - Intentioin to creat legal relations - whether claim statute barred - Undue influence - Bank of Jamaica Act S. .22A(2) - Moneylending Act S. 8(1), (2) and (3) - Stamp Duby Act S 35 and 36.

Application for Leave for Judicial Review – Application to strike out – Application by way of fixed date claim form – Whether fatal – Civil Procedure Rule, rules 26.3(1)(a), 56.3(1), 26.9(1), 26.9(3)

Road Traffic Act - Negligence - Motor vehicle collision at intersection of main road and minor road - Car turning across a main road unto minor road - Duty of turning driver - Duty of the motorcyclist on correct side of the road - Motorcyclist not wearing helmet - Contributory negligence

Costs - Discontinued claim – Discretion of Judge to depart from general rule – Factors to consider in making costs orders in discontinued claims – Recovery of costs by non-party – Civil Procedure Rules part 64 and rule 37.6.

Civil Procedure - Application to strike out claim for non - compliance with Court Orders and for abuse of Court process - Civil Procedure Rule 26.

Civil Procedure Rule Part 20 – Application for amendment to particulars of claim – Amendment after limitation period - Constitutional relief – Aggravated damages – Exemplary damages –Vindicatory damages - CPR 8.7 (2).

Jurisdiction – Whether claim should be struck out on basis that no Fixed Date Claim, date or first hearing has been issued – Whether Claimants can bring matter in their personal capacity against the trade union – Whether permission of the union or court is required to bring action – Whether derivative action – Civil Procedure Rules, Part 27.

Summary Judgment - Application for – Registered land – Memorandum in writing – Proprietary estoppel – CPR Part 15