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 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.
Judicial review – Application for leave for judicial review filed out of time - Application to Extend time to apply for leave – Undue delay – Whether there is a decision for the Purposes of judicial review – Whether good reason exists for extension to be granted –Considerations for exercise of court’s discretion to extend time - CPR, 56.2; 56.6(1); 56.6 (2 );56.6 (3) 56.6(5).
