2016

Abuse of process application - Whether defendant's right to trial within a reasonable time has been breached - Section 14(3) of the Jamaican Constitution (Charter of Fundamental Rights and Freedom) - Whether stay of proceedings should be granted. 

Tort – Negligence – Vicarious Liability – Injury on worksite – Employee Contract – Is the claimant an independent contractor – Occupier’s Liability – Effect of Settlement Agreement – Misrepresentation – Occupier’s Liability Act, section 3.

Damages - Assessment of – Upper back strain, left shoulder strain - No permanent disability

Civil procedure - Abuse of provess - Striking out - Claimant discontinuing firs trial - Claimant seeking same remedy in second claim - Whether and abuse of process

Application to strike out statement of case as disclosing no reasonable grounds for bringing Claim – Whether Claimants have locus standi to bring claim – Whether fraud has been adequately pleaded – Whether the Registrar of Titles is a proper party to the claim.

Pension fund - Distribution of surplus - Referal by Privy Council to the Supreme Court - Trustees' application for directions - Applicability of the Pension (Superannuation Funds and Retirement Schemes) Act, 2004 to unapproved Pension Schemes.

MATRIMONIAL PROPERTY  THE PROPERTY (RIGHTS OF SPOUSES) ACT - DIVISION OF MATRIMONIAL PROPERTY - FAMILY HOME - VARIATION OF THE EQUAL SHARE RULE - PROPERTY OTHER THAN FAMILY HOME – CONTRIBUTION – COMPANY PROPERTY – RESULTING TRUST.

Application to Set Aside Default Judgment

Limitation of actions - Land - Adverse possession - Initial possession by virtue of family arrangement.

Registration of Titles Act, Sections 68, 70 & 71 - Indefeasibility of Registered Title -  Fraud and proof thereof - Undue influence - Non est factum.