Negligence – Employers Liability – Whether Claimant has established breach of
duty of employer to provide safe system of work, sufficient staff and equipment –
duty of claimant to provide sufficient evidence of breaches.
Pleadings – Amendment to pleadings – Substitution of parties – Whether claimant changed her status as one party to another party – Whether claimant’s change in status is the same as substitution of a party – Whether claimant permitted to substitute a claimant under the general provisions relating to amendment of statement of case before a Case Management Conference.
Pleadings – Amendment to pleadings – Relation back principle of amendments to pleadings – Whether amendment to sue as administratrix renders entire claim a nullity.
Negligence – Contributory negligence – Pleadings – Whether contributory negligence properly pleaded – Whether Court can consider contributory negligence if not properly pleaded
Negligence – Employer’s liability – Duty to have and maintain a safe place of work - Whether or not employer breached duty to have and maintain a safe place of work – Was the floor of the defendant’s premises in an unsafe condition for workers?
Application for Freezing Order – Application for extension of freezing order –
Whether or not applicants have an arguable case – Factors that affect whether
Applicant has an arguable case – Whether claim likely to be struck out as being
statute barred – Whether claim sufficiently supported by evidence.
Treaties – Article 214 of The Revised Treaty Of Chaguaramas – Application to
refer questions arising out of issues to The Caribbean Court Of Justice to
enable National Court to enter judgment – Factors for court to consider before
making referral – Whether the referral is necessary for the Court to deliver
judgment – Stage at which decision on whether to refer questions to the CCJ under
Article 214 should be made.
