Company Law - Civil Practice and Procedure – Civil Procedure Rule 27.2 (8) – Fixed Date Claims (First Hearings) – Section 212 of the Companies Act – Application for Leave to bring Derivative Action in the name and on behalf of the company – Statutory requirements to be met (reasonable notice, good faith & appears to be in the interest of the company) – Section 213 of the Companies Act – Court’s Powers.
Civil Practice & Procedure - Application to Dismiss Claimant’s Case for Want of Prosecution – Rule 26.3 of the Civil Procedure Rules – Rule 26.1 (2) (v) of the Civil Procedure Rules – Court’s Overriding Objective – Rule 1.3 of the Civil Procedure Rules
Civil Procedure - Application for a final charging order – Whether mortgage pursuant to loan agreement ranks ahead of provisional charging order – Nature of mortgage – Nature of provisional charging order – Whether interested person, part 48 – Civil Procedure Rules (CPR).
Civil Practice and Procedure – Striking Out Statement of Case – Rule 26.3 (1) (a), 26.3 (1) (b) and Rule 26.3 (1) (c) of the CPR – Application for Summary Judgment on Defendant’s Counterclaim – Rule 15.2 of the CPR
Constitutional Law - Constitution of Jamaica - Charter of Fundamental Rights and Freedoms - Sections 13 (3) (a), (c), (d), (e) and 16 (2).
The Legal Profession Act - Sections 3, 11 and 12 (7) - Legal Profession (Canons of Professional Ethics) Rules - Advertising regulations comprised in canons II (d) (ii), II(e), II (h), II (i), II (j), II(k) and II(l).
Civil Practice and Procedure – Freezing Order Application – Rule 17.1 (1) of the CPR – Appointment of Receiver after Judgment – Rule 51 of the CPR – Whether Freezing Order can be granted against 3rd party.
Civil Practice and procedure - Conduct which is oppressive or unduly prejudicial or unfair – Section 213A of the Companies Act – Summary judgment – Rule 15.2 of CPR – Beneficial interest in shares – Whether Buy Out Order appropriate.
Civil practice and procedure - Application for summary judgment - Whether defendant has any real prospect of successfully defending the claim - Civil Procedure Rules, 2002 as amended, rule 26.3 - Application to strike out claim - Whether claimant’s statement of case is an abuse of process or discloses no reasonable grounds for bringing the claim - Civil Procedure Rules, 2002 as amended, rule 15.2
Judicial review - Application for certiorari - Jurisdiction of Industrial Dispute Tribunal - Jurisdiction of minister to refer matter to Industrial Dispute Tribunal - Whether dispute is an industrial dispute - Labour Relations and Industrial Disputes Act S. 2.
Civil practice and procedure - Interlocutory injunction - Whether there is a serious issue to be tried - Balance of inconvenience - Whether damages is an adequate remedy.
