The Hon. Mrs. Tricia Hutchinson Shelly

Damages - Assessment of damages – Fatal Accidents Act – Law Reform
(Miscellaneous Provisions Act) – Loss of expectation – Loss of earnings – Pain
and suffering.

Damages - Assessment of damages – Fatal Accidents Act – Law Reform (Miscellaneous Provisions Act) – Loss of expectation – Loss of earnings – Pain and suffering.

Civil Practice and Procedure –– The Property (Rights of Spouses) Act ––Application for extension of time to bring a claim for division of property under section 13 (2) of The Property (Rights of Spouses) Act –– Factors to be considered by the Court for an extension of time –– Whether the delay is Inordinate –– Whether there is a good reason for the delay –– Whether there is a prima facie case –– Prejudice –– Whether the overriding objectives is in favour of the granting or denying the extension of time.

Tort –– Negligence –– Personal Injury –– Claimant bitten by a dog –– Whether Medical Reports that were not listed in List of Documents and not pleaded are admissible –– Duty of Care –– Whether duty of care was breached –– Standard of care.
Assessment of Damages –– Pain and suffering –– Loss of Amenities –– Special damages –– Transportation Expenses – Loss of Earnings.

Civil Procedure – Application to set aside Default Judgment – Whether Defendant has a real prospect of successfully defending the claim – Rules 13.2, 13.3 and 13.4 of the CPR – Prompt application – Good explanation.

Constitutional Law – Judicial Review – Legality of an Accountability Agreement – Constitutionality of Regulation 14(2) of the Public Service Regulations – Whether the actions of the 1st and 3rd defendants were tainted with illegality, irrationality or procedural impropriety – Right to Make Representations and Review Documentation – Obligation to Give Reasons – Legitimate Expectation – Bias – Breach of Constitutional Right to Equality Before the Law – Constitutional Damages – Costs – The Constitution of Jamaica sections 125 and 127 – The Charter of Fundamental Rights and Freedom section 13(3

Civil Procedure –– Application to enter Default Judgment –– Application for Defence to stand –– Application for Extension of time to file Defence –– Relevant considerations –– Whether the delay was lengthy and inordinate –– Whether a good explanation/reason was provided –– Whether Defence has a real prospect of success –– Locus Standi –– Whether a ‘Second Executor’ can commence an action in another estate.

ASSESSMENT OF DAMAGES – Personal Injury – Motor vehicle accident – Fracture of right femur – Fracture of right radius – Ligament damage – Limb length Discrepancy – Loss of income and allowances – Proof of specific damages.

Civil Procedure & Practice –– Contract Law –– Breach of Contract –– Elements of a Contract –– Specific Performance – Proprietary Estoppel – Possessory Title - Unjust Enrichment –– Absence of Documentary Evidence –– Sale Agreement.

Civil Procedure – Application by Insurance company to set aside Order for substituted service – Was alternative service likely to have brought the contents to the Defendant’s notice – Considerations as to what constitutes reasonable steps to locate a Defendant – Overriding objectives – Prejudice