2016

Malicious Prosecution - Whether complainant to be considered prosecutor - Whether officer to be considered prosecutor in circumstances - Whether prosecutor had reasonable or probable cause - Damages - Aggravated Damages - Exemplary damages - Vindicatory damages

Sale of apartment facilitated by claimants’ relative - No express terms regarding capacity in which relative acted – Defendant challenges validity of sale agreement executed by claimants - defendant and claimants’ relative enter separate agreement with different terms from agreement executed by claimants - Repossession by Defendant for breach of agreement with relative - whether relative acted as agent for claimants - whether defendant liable in trespass and breach of contract - Parol Evidence

Vicarious liability − Appropriate test − Whether employee acting within the scope of his employment or on a frolic of his own when committed intentional tort

Intestates Estates & Property Charges Act- Application to be declared a Spouse  Deceased lived with Applicant during the week but stayed elsewhere on weekends- Whether fact of another intimate relationship prevents Applicant being declared spouse-Whether Applicant a housekeeper.

Declarations - Constitutional Redress – Sections 13(3) (g) & (h) of Charter of Fundamental Rights and Freedoms – Right to equality before the law – Right to equitable and humane treatment by any public authority – Sections 21 & 22 of the Constabulary Force Act – Section 58 of the Road Traffic Act – The Kingston Metropolitan Transport Region Act - Alternative/adequate means of redress available – Permanent injunction.

Limitation of Actions – Joint Tenancy- One Joint Owner in possession – Surviving Joint owner living overseas when property purchased and never in possession – Whether title of surviving joint owner „automatically” extinguished after 12 years – Whether children of joint owner in possession have a cause of action – Whether trial ought to be in chambers or in open court.

Contract - Under-registration of electricity consumption - Disconnection of electricity claimant commencing action against defendant for breach of contract and defamation - Claimant suffering loss resulting from rewiring of premises - Claimant contending defendant’s breach of duty caused loss - Whether defendant breached duty - Whether breach caused loss - Whether claimant entitled to damages for physical inconvenience and mental distress - Whether defendant entitled to payment for under- Registered consumption - Assessment of damages.

Debt – Evidence of – Admissibility of recording – Weight to be attached to pre-claim admission – Whether the court can award interest at commercial rate where contractual interest was waived by the claimant.

Application for relief from sanction

Security for costs – Two claimants – One claimant incorporated in the U.S.A.