2015

Civil Procedure - Consolidation - Rules 26.1 (2) (b) of the Civil Procedure Rules

“Independent” Claim for Disclosure – Connected Defamation Action – Application for Disclosure of Name of Alleged Joint Tort-feasor – Defence in Connected Claim of Qualified Privilege and Fair Comment on a Matter of Public Interest – The “Newspaper Rule”- Whether Applicable – Rule 69.7 of the Civil Procedure Rules (CPR) - The Defamation Act, 2013 – Whether Retrospective.

Civil Procedure - Applicatin for court orders - Request for specific disclosure - Application previously made and orders granted by the Court - Whether the same application may be heard by a different court for the same orders - Part 28 of the Civil Procedure Rules (CPR) 2002 Part 28 and 34.

Dissolution of Marriage in Foreign Court - Separation Agreement Incorporated in Dissolution judgment - Provision in Separation Agreement to Establish Trust over land in Jamaica - Consequential Orders made by Foreign court - Trust and Conveyancing Deeds executed by Foreign Court in name of absent Defendant -Whether foreign judgment and/or Orders in personam or rem - Whether foreign judgment enforceable in Jamaica - Whether Separation Agreement enforceable in Jamaica.

Negligence – Breach of Contract – Burglary – whether First Defendant security provider negligent – Whether Second Defendant property manager in breach of duty of care - whether Claimant aware of danger- whether Claimant contributed to or caused his own loss - whether hearsay objection in witness statement best taken at Pre-trial Review – Damages in the absence of Documentary proof.

Maintenance – spousal maintenance; application made before grant of decree nisi; whether final maintenance order can be made; lump sum and periodic payment orders; Matrimonial Causes Act SS.20 and 22; Maintenance Act SS.5 and 14(4).

Civil Procedure - Application by claimant and defendant to stirke out each other's claim - Application for such further and or other relief as may be just.

Negligence – Collision at intersection controlled by traffic signals – Whether defendant liable – Assessment of cost of caregiver – National Minimum Wage used as a guide to estimate cost of care to accident victim – Minimum Wage Act S.3 – Interpretation Act S.21