2011

Trespass to land and chattels – Tenant subletting to another – Tenant vacating property

and delivering possession to landlord – Landlord clearing property – Whether trespass to

sub-tenant’s chattels therein

Pecuniary Penalty Order - The Drugs Offences (Forfeiture of Proceeds Act, 1994 - Offenders Benefit Obtained - Assessment of Benefit Obtained – Realisable Benefit - Section 17(2), "the lesser sum"- Constitutionality of Confiscatory Orders.

Civil Procedure - Costs - Application for permission to tax costs immediately -

Application for costs on an indemnity basis - Application for special costs certificate

- CPR rr. 64.6,64.12,65.15,65.16 and 65.17.

Interim payment - Whether Supreme Court has power to grant interim payment under the civil procedure rules 2002 - Whether power abolished and not reenacted - Section 4 (2) (j) of the judicature (Rules of the court0 Act - part 17 of the civil procedure code

Civil Procedure - Application for injunction – Application to prevent mortgagee

from exercising powers of sale contained in a mortgage – Mortgage granted to

secure guarantee – Mortgagor alleging no longer bound by guarantee - Whether

damages are an adequate remedy - Whether mortgagee should be restrained

Setting aside default judgment – permission for proposed defence to stand

Sales of Goods Act S. 15 – in course of the seller’s business – reasonably fit for such purpose – merchantable quality – new vehicle – rejection – remoteness of damages.

Interception of Communications – Warrant issued for interception -

Application to unseal application for warrant – Information used in the

application required for preparation of defence in criminal prosecution –

Information otherwise available - Principles governing consideration of the

application – Constitution of Jamaica s. 16 (6) - Interception of

Communication Act ss. 3, 4, 5, 14 and 17