2014

Application for Custody – Governing principle: the welfare of the child is the first and paramount consideration – Impact of allegations of sexual molestation, substance abuse and physical violence on the determination of the best interests of the child – Application for Maintenance – Validity of post-nuptial Agreements – Whether proceeds from Trust in respect of which defendant is not the settlor, but is one of a number of beneficiaries, should be included in defendant’s means for the purpose of determining his capacity to pay maintenance

Notice Application for Court Orders - Costs – Who is successful party in prior Notice of Application for Court Orders – Judicature (Supreme Court) Act – Rule 64 of Civil Procedure Rules (Amended) 2006.

Injunction - Inquiry as to damages

Damages - Assessment of damages – Defendant’s defence limited to quantum – Whether Claimant’s arthritis/spondolysis asymptomatic – Whether accident worsened his condition

Assessment of Damages

Appeal - Bail appeal from refusal by Resident Magistrate - Principles applicable - Reasons for refusal

Civil Procedure - An Application to set aside default judgment - The real prospect of successfully defending the claim - Inordinate delay.

Judicial Review - Whether refusal to re-enlist a Jamaica Constabulary Force member is equivalent to a dismissal of that member from his employment with the Jamaica Constabulary Force - Natural justice - Legitimate expectation.

Provisional charging order – Whether Registrar has jurisdiction to grant – Judicature (Supreme Court) Act Section 11, 12, 13 and 28D Judicature (Supreme Court) Additional Powers of Registrar Act - Civil Procedure Rules 2002 Rule 48.