2016

Interlocutory Injunction – Mortgage - Power of sale- Whether contract illegal - Whether condition for payment into court ought to be imposed.

Land – Sale of Land – Registration of Titles Act – Fraud – Summary Judgment – Whether real prospect of success – Agreement for Sale – Vendor registered on Title based on forged instrument – Purchaser unaware of Fraud – whether Purchaser entitled to be registered – Co-owner whose signature was forged to register vendor on Title seeking to reverse registration.

 Judicial review - Application for judicial review – Interim relief – Sections 17, 23, 24 and 28 of The Independent Commission of Investigation Act

Civil procedure − Application to set aside provisional charging order – Parts 11, 17, 48 and 65 of the Civil Procedure Rules – Whether there was material non-disclosure on the without notice application for the provisional charging order – Sections 28d, 28e and 47 of the Judicature (Supreme Court) Act – Whether judge of equal jurisdiction can set aside order of other judge

Extradition – Writ of habeas corpus –Meaning of ‘Extradition Offence’ – Principle of dual criminality - Whether conduct test or offence test to be applied – Whether the transmission of HIV virus is capable of amounting to a crime in Jamaica – whether putting an individual at risk of HIV is capable of amounting to a crime in Jamaica – Infliction of grievous bodily harm – sections 20 and 22 of the Offences Against the Persons Act – sections 5, 6, 10, 11 of Extradition Act – Aggravated Sexual Assault contrary to section 273 of the Criminal Code of Canada

Declaration for entitlement to widow’s pension – Section 62 of the Constabulary Force Act – Whether the Claimant is entitled to widow’s pension – Whether a widow is a person legally married to the deceased – Status of Children Act - Equality of children regardless of parents being married - Reformative legislations – Shift from Literal Statutory Interpretation - Purposive approach in Statutory Interpretation - Spouse include unmarried persons in common law unions – The ordinary meaning and popular sense of the word widow include a common law spouse.

Company law -  Allotment of shares – Whether allotment in accordance with the articles of association – Whether allotment valid – Whether allotment should be set aside – Whether register should be rectified

Matrimonial Property - Claim for 50% share in dwelling house - Parties
separated – Whether property in question is the family home - The Property (Rights of Spouses) Act, Sections 2, 6, 7, 13 and 14(1)

Application for summary judgment - reasonable prospect of the defendants successfully defending the claim - proper defendant to the proceedings - automatic annual increase in rent - security deposit.

Occupiers liability – Slip and fall – Duties of occupier – Duties of visitor