The Hon. Mrs. Tricia Hutchinson Shelly

Personal Injury - Assessment of Damages – Pain and Suffering - Handicap on the Labour Market – Future medical expenses – Claimant amputee from motor truck vehicle accident – Whole Person Impairment.

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

Application for relief from sanctions and application to strike out – Primary considerations – Good reason – Consequences of failure to comply with 29.11(2), rule 16.2 (4) defendant’s right to make submissions – Rule 12.13.

Application for leave to appeal – Real chance of success – Limitations of actions act – Fraudulent concealment – Jurisdiction of the Master – Striking out of claim – Date on which judgment takes effect – Considerations on Application for leave to appeal

Injunction – Serious issue to be tried – Balance of convenience – Maintaining the status quo – Incumbrance – Novation – Cleans hands – Jurisdiction over the foreshore – Privity of contract.

Application for revocation of Grant of Letters of Administration.

Application for Summary Judgment – Notice making time of the essence – When can a contract be repudiated – What constitutes reasonable notice.

Application to enter judgment –– Application for defence to stand ––Application for extension of time –– Relevant considerations – Indefeasibility of a registered title – Possessory title –– Operation of the Limitation of Actions Act –– Effect of a possessory title on successors in title to include a bona fide purchaser for value.

ASSESSMENT OF DAMAGES – Motor vehicle collision – Negligence – Special damages – General damages

Constitutional Law – Separation of Powers – Right to due process – Whether
breach of the right to a fair hearing – Whether as presently constituted the
Industrial Disputes Tribunal is an independent and impartial authority
Constitution of Jamaica (Order in Council), 1962, sections 7(2), 8(2) - Charter of
Fundamental Rights and Freedoms, section 16(2) - Labour Relations and Industrial
Disputes Act, sections 7(2) and 8 (2)(c), Second Schedule, sections 1, 2, 3, 4 and 7.