2010

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

Malicious prosecution; seizure of motor vehicle; whether done with

reasonable and probable cause; solicitation; whether amounts to

malice.

Parties to a marriage - at the time of marriage defendant not divorced from

previous spouse - construction of a dwelling house - whether defendant contributed

- beneficial interests - title to property not conveycd to either party