2025

NEGLIGENCE - Employers Liability - Duty to Provide Adequate Plant and Equipment - Safe System of Work - Whether adequate training provided - Whether the Defendant is liable.

Civil Practice and Procedure - Rule 11.11 (4) (a) - Time for service of affidavits in support of application for court orders - Whether application to be made pursuant to rule 26.1(2) (c) or rule 26.8 where there is non-compliance with order to file response to affidavit evidence - Whether order limiting reliance on further affidavits imposes a sanction to which rule 26.8 goes in aid - Rule 26.17 - considerations for variation of court orders.
Limitation of Actions Act - Section 56 - Whether exception applies to extend the limitation period for actions in negligence.

Revenue Procedure - Revenue Court Rules 1972 - Rule 32 - Consolidated application to extend time to appeal and the appeal - Consideration on applications to extend time to appeal.
General Consumption Tax Act - Section 40 (4) (b) - Whether decision handed down after six months of receipt of objection is attributable to the taxpayer - Whether the additional assessment to GCT is wrong in principle and/or excessive in amount and therefore erroneous.

Negligence - Liability for motor vehicle collision - Personal injury - Assessment of damages.

Negligence - Liability for motor vehicle collision involving motorist and pedestrian - Contributory negligence - Assessment of damages

CIVIL PROCEDURE: Claimant’s failure to file and serve witness statement and list of documents within the relevant time - Rules 29.11 and 28.14 of the Civil Procedure Rules (CPR) - Application for relief from sanctions - Whether the relevant witness statement and list of documents were filed and served within time as prescribed or whether any sanction applies, and if so, what sanction applies - Whether the application for relief was filed promptly - Whether the application for relief, filed, is supported by evidence on affidavit - Whether the failure was unintentional - Wh

Negligence - Liability for motor vehicle collision at intersection - Personal injury - Contributory negligence - Assessment of damages.

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

Judicial Review – Certiorari – Decision Made By Ultra Vires.

Injunction - Application for interim injunctive relief – Application to strike out or stay claim and for disclosure – Whether consent judgment entered in St. Lucia dispositive of claim – Whether Defendants to be restrained from treating with company assets - Whether valuation done in St Lucia fair - Whether misrepresentation or fraud - Whether failure to answer valuer’s requisitions ground for complaint - Whether issues more appropriately litigated in St Lucia.