2017

Property Law - Proprietary estoppel – Adverse possession – Exclusive possession – Actual possession – Sufficient unequivocal acts of ownership – Whether a mere notice interrupts possession of property.

Civil Practice & Procedure – Notice of application – Striking out statement of Case – No reasonable cause of action – No reasonable ground for bringing the Claim – Termination of banking services with reasonable notice – Whether the claim is bound to fail – Whether the Defendant had reasonable cause to close the Claimant’s bank account – Proceeds of Crime Act, section 92 – Civil Procedure Rules, rule 26.3(1)(c)

Commercial law - Claim for fraud - Statue of limitations - Whether there is a statutory extension for claims in fraud in Jamaica - Whether a due diligence test applies to claims for fraud.

Legal profession - Claim for breach of a professional undertaking - Whether there is an undertaking as a matter of construction - Whether statute of limitations applies to claims for breach of undertaking. 

Fraud – Allegation of forged signature on transfer document – Handwriting expert evidence – Registration of Titles Act sections 68, 70, 71 and 161 – Indefeasibility of registered title

Judicial review - Redundancy - Whether the Industrial Disputes Tribunal acted ultra vires, stare decisis, Lack of consultation

Civil practice and procedure - Application to set aside default judgment - Whether defendant has real prospect of successfully defending the claim - Contested Probate - Rule 68.55 (1) of the Civil Procedure Rules

Admiralty – Ship arrested and ordered, sold – Application to vary Order – Whether under liberty to apply – Rule 26.17 – Whether Change in Circumstance Whether mortgagee to be put in possession – Whether effect of variation is to end arrest and sale by bailiff – Whether order interlocutory or final.

Motor Vehicle accident  blameworthiness – Credibility – Road Traffic Act - Damages

Sale of land - Undated contract for sale of land between claimant and first defendant - Prior agreement for sale of land between the first defendant and second defendant – Undated contract repudiated by first defendant – Caveat entered by claimant –Whether claimant entitled to specific performance - Caveat entered by second defendant prior to signing of agreement for sale between claimant and first defendant – Claimant’s claim for specific performance – Whether statute-barred - Whether claimant entitled to order for adverse possession – The Limitation of Actions Act - Laches – whether claim