2013

Application for wasted cost order against counsel for claimant - Rules 64.13 and 64.14 - Principles guiding wasted costs

Banker/Client relationship – Whether advice given by employee of defendant – whether advice given in a friendly capacity – whether advisor knew that she was being trusted or that reliance was placed on her skill – whether duty to exercise care imposed on person giving advice – whether defendant vicariously liable

Claim for Division of Matrimonial Property – “Family Home” – The Property (Rights of Spouses) Act – Claim for Maintenance of Divorced Wife and Child of the Parties – Principles to be Considered – Maintenance Act.

Fatal Accident Claim – Negligence – Whether Mother Vicariously Liable for Alleged Negligence of Son – Claim under Fatal Accidents Act and Law Reform (Miscellaneous Provisions) Act – Reliability of Expert Evidence.

Renewed Application for Permission to Apply for Judicial Review - Whether Director of Public Prosecution’s decision not to prosecute ultra vires - Circumstances in which permission to review will be granted - Labour Relations and Industrial Disputes Act - Enforcement of Order of the Industrial Disputes Tribunal.

Constitutional law - Fundamental rights and freedoms - Mutual legal assistance in criminal matters - Request of foreign state for taking of evidence from witnesses in Jamaica - Witnesses refusing to co-operate – Application of central authority for order for witnesses to give evidence on oath - Order granted – Whether order an abuse of process – Whether order breached constitutional rights of witnesses - Right to equitable and humane treatment – Right to be free from discrimination on political grounds - Right to fair hearing – Right to due process - The Mutual Assistance (Criminal Matters)

Application to extend time to file defence - Defect on

the face of documents served - Principles to be applied

whether defence allowed should be limited to issues dispute.

Application to Set Aside Moneylending Transaction- The Moneylending Act – Promissory Note – The Bills of Exchange Act – Whether Interest Rate Charged Harsh and Excessive – Whether “Loan Fee” Caught by Provisions of Moneylending Act – Whether Court to Reopen Entire Transaction.

 Application to set aside default judgment – Whether good reason for failing to file a defence shown – Whether defendant acted promptly upon having become aware that a default judgment was entered against it – Whether proposed defence has a real - Realistic prospect of success.

 Negligence – Employer’s liability – Contributory negligence - Quantum