CIVIL PRACTICE & PROCEDURE - Sections 139 and 140 of the Registration of Titles Act – Caveat against dealings – Service of Notice to Caveator – Where a caveat has lapsed what are the implications.
Criminal Law - Change/Withdrawal of Plea – Principles arising from R v Dodd (1981) 74 Cr App R 50 and summarised in Shadrach Momah v R [2011] JMCA Crim 54 – Whether the Court should exercise its discretion to allow an accused to change his plea of guilty to one of not guilty
Civil practice and procedure - Striking out statement of case – Claim is frivolous, vexatious or otherwise an abuse of the process of the Court – Rule 26.3 (1) (b) of the CPR – Henderson v Henderson principle – Consolidation – Rule 26.1 (2) (b) of the CPR - Costs.
Civil Practice & Procedure - Application for interim inunction – Requirements for the grant of an interim injunction – Part 17 of the Civil Procedure Rules 2002, as amended – Trademark infringement under section 9 (3) of the Trade Mark Act – Likelihood of deception or confusion– Unfair advantage and detriment to distinctive character and reputation – Passing off
Civil Practice & Procedure – Tort – Passing Off – Whether the Defendant has breached the tort of passing off by using the name ‘Jungle Fiah’ – Elements of Passing Off – Whether the Claimant has established goodwill or reputation in the name “Jungle Fyah” – Whether the Claimant has demonstrated a misrepresentation by the Defendant to the public by using the name ‘Jungle Fiah’ – Whether the Claimant suffered or is likely to suffer damage due to misrepresentation – What remedies, if any, are available to the Claimant - Remedies – Whether the Claimant is entitled to an Order for recovery of
Civil Practice & Procedure - Striking out statement of case – No reasonable ground for bringing the claim – Claim is frivolous, vexatious or otherwise an abuse of the process of the Court – Civil Procedure Rules 26.3 (1) – Extension of time to file defence – Application for Interim Injunction
Civil Practice & Procedure - Negligence – Breach of duty of care – Duty to provide a safe system work – Occupier’s Liability Act – Breach of statutory duty of care – Credibility of witnesses – Contributory negligence – Assessment of damages – Handicap on the labour market
Civil Practice & Procedure - Defendant not permitted to rely on any witness statement – Undisputed evidence – Quantum of Damages to be awarded – Damages for False Imprisonment – Damages for Malicious Prosecution – Aggravated and Exemplary Damages – Special Damages
Civil Practice & Procedure - Company Law – Section 213A of the Companies Act – Conduct that is oppressive and/or unfairly prejudicial and/or unfairly disregards interest of shareholder, director or officer of the company – Reasonable expectation – Appropriate Remedy