2015

Landlord and tenant – Leases - Claim for rent and mesne profits – Underlease created in breach of Headlease – Whether Underlease valid and enforceable – Tenancy at sufferance – Use and occupation of demised property

Income Tax Act – Section 5 (1) (c) (ix) - Whether Agreements between Taxpayer/Appellant and Workers Contracts for Services or of Service – Whether Persons Working with Taxpayer Employees or Independent Contractors – Education Tax – Purposive Construction.

Negligence - Whether duty of cared owed - Whether breach of duty of care has occurred - Whether claim for 'pure economic loss' can be maintained in respect of torn of negligence - Detinue - Whether unlawful seizure of motor vehicle occurred - Wlements of tort of detinue - need to prove unequivocal demand - Need to prove unqualified refusal - Proof of special damages - Whether transport authority functions as a crown servant or agent - Party to be sued in claims wherein alleged tortfeasors allegedly functioning as a crown servant or agent when tort was committed.

Interim Injunction - Joint Accounts- Interpretation of Will - Presumption of Advancement - Resulting Trust - meaning of “tantamount” - whether serious question to be tried.

Application for permission to bring Derivative Action-whether ancillaryclaim permissible- Section 212 Companies Act – Whether good faith – purpose to ensure Company able to pay debt to the Claimant.

Civil Procedure - Application for leave to provide for judicial review - Order for mandamus - Whether mandamus can be issued against a minister of labour - Whether the applicant can be referred to industrial dispute tribunal - Civil Procedure Rules 2002 (CPR) Part  56.

Civil Procedure - Application to set aside properly obtained default judgment - Whether judgment should be set aside - Test to be applied - Application of Rule 13.3 of the Civil Procedure Rules - Costs.

Administrative Law - Application for Judicial Review of decision of Strata Appeals Tribunal – Registration (Strata Titles) Act - Relevant section of act to be applied on appeal to Strata Appeals Tribunal where issue being appealed is assessment of Strata Corporation and there was no appeal to Commission of Strata Corporations - Time limit on appeal to Strata Appeals Tribunal - Whether appeal to Strata Appeals Tribunal must be made within thirty days.

Judicial Review-Decision of Industrial Disputes Tribunal - Labour Relations and Industrial Disputes Act – Caribbean Examinations Council relying on immunity from legal process – Diplomatic Immunities and Privileges Act – Diplomatic Immunities and Privileges (Caribbean Examinations Council Order) 1998 – Whether IDT engaged in a legal process– Whether immunity restrictive – Whether IDT lacked Jurisdiction.

Civil Procedure - Application to join party as defendant to claim - Application to amend claim - Abuse of process - Issue estoppel - Possible failure to comply with rules 10.5 of the Civil Procedure Rules (CPR)