2010

Claim for Damages for Personal Injuries - Collision at level crossing- Duty

of Care of Motorist and of Train Driver -Calculation of Damages.

Civil Procedure - Judicial Review - Claim filed pursuant to leave to apply being

granted - Application to strike out claim -Whether application may be granted -

Whether leave to apply may be set aside -

Civil Procedure - Judicial Review - Exercise of discretion by Director of Public

Prosecutions - Whether clear that discretion properly exercised

Application to strike out statement of case pursuant

to CPR 26.3; whether statement of case discloses

grounds for bringing action; sale under powers

contained in mortgage; whether sale challengeable

in action against purported purchaser; Section 106

of the Registration of Titles Act; whether darriages

only remedy for improper exercise of powers of sale;

acts which may deprive purchaser of status as BFP.

Claim in negligence or breach of duty under Occupiers'

Liability; Claimant's husband drowned while snorkeling

off Negril Coast while guest at Xtabi Resort; whether

proper defendants sued; whether deceased was warned of

dangers; whether breach of duty on the part of

defendants or either of them; Whether deceased

accepted risk of swimming in rough seas; whether Act of

God; whether witness credible in light of previous

inconsistent statement; causation/foreseeability in Tort

Law.

Freezing Order - Inter partes hearing - Application to set aside Freezing

Order for Non- Disclosure - Material non-disclosure - Application to set

aside search order - extent of the privilege against self-incrimination -

whether U.K. precedents can assist Jamaican Courts.

Employer/employee relationship - Acadent on job - System of work -

whether safe - Is employer totally to blame - Is employee totally or

partially to blame - Damages - Quantum - Pleadings - Evidence - Medical

evidence - Nexas between iqjmies and medical reports.

APPLICATION TO SET ASIDE JUDGMENT AND STRIKE OUT CLAIM -

REAL PROSPECT OF SUCCESS - WHETHER CLAIM PLEADED SUFFICENTLY

- BARE DENIAL DEFENCE - PART 9, RULES 10.5, 13.3, 25.1 (b), (c), 26.1

(2) (c), (k) OF CIVIL PROCEDURE RULES

Whether presumption of advancement rebutted

Will- Will Act - partral obscuration of gap to benejkiary - Whether

obscuration valid - Doctrine of dependent relative revocation - Efect thereof

on gap to beneficiary - Efect of maxim omnia praesumuntua rite esse acta -

Efect thereof on validiw of will - Grant of letters of administration cum

testamento annexo by Registrar of Supreme Court - Declarations sought for