2019

Judicial review - Committal proceedings - Proceedings conducted int he absence of an order - Judicature (Parish Courts) Act, S. 272 and Committal Proceedings Act, S. 3.

Committal proceedings - Duty of the Parish Court Judge - Whether the proceedings are inquisitorial or adversarial - Judicature (Parish Courts) Act, S. 64 - Admissability of statements - Whether statements taken prior to the commencement of the Act need to be retaken by a member of the Jamaica Constabulary Force - Committal Proceedings Act, S. 21(4)(a).

Default Judgment entered - Application to set aside default judgment - Whether or not default judgment was regularly obtained – Affidavit of service – Identification of Defendant - Rule 13.3 Civil Procedure Rules (CPR) 2002 as Amended 2006 - Test to be applied - Real prospect of success - Whether judgement should be set aside as of right - Overriding objective

Application to strike out - Application for summary judgment - Immunity clause -Statutory duty of care - Duty of care - Financial Services Commission - Bad faith

Application for pecuniary penalty order - Proceeds of Crime Act, Sections 5, 6, 7, 8, 11, 17 and 18.

Application for summary judgment - Contract - Flow Super Cup - Claim and counterclaim - Defence that amounts collected were spent for the claimant's benefit - Whether real prospect of success - Counterclaim reliant on an oral agreement - Whether real prospect of success. 

Default Judgment - Application to set aside – Whether default judgment should
be set aside as of right – Whether defendant has a real prospect of successfully
defending the claim - Rules 13.2 and 13.3 CPR.

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 Procedure – Application to extend the validity of the Claim Form and for service by substituted method – Insufficiency of evidence of the Process Server – Whether the Claim Form can be extended from the date of the hearing of the application – Civil Procedure Rules 2002 (CPR), rules 8.14(1)8.15; 8.15(4)(a)(i) and (ii)(b)

Extradition – Proceedings before Parish Court Judge – Whether Parish Court Judge has the power to order disclosure – Whether section 16(2) of the Constitution imports a requirement for disclosure into extradition hearings –Whether failure to provide original source data amounts to unfairness

Civil practice and procedure - Negligence - Motor vehicle collision - Negligence - 
Inevitable accident defence