2017

Assessment of Damages - Defence limited to quantum - False imprisonment - Aggravated damages - Exemplary damages - Loss of earnings.

CIVIL PROCEDURE- Application to set aside default judgment regularly obtained-principles to be applied.

Forfeiture of Assets – Application for Interim Order – Claim filed twice with same number - Whether service of second filed claim valid - Affidavit pre-dates claim and application which were served - Whether valid - Delay in making application - Application inter partes - Whether honest belief reasonably held that Defendants likely to dissipate assets - Whether evidence in support of application sufficient - Whether Act has retroactive effect.

Insurance Law – Whether failure to disclose the use of a motor vehicle amounts to misrepresentation and/or non-disclosure of material facts – Breach of warranty of contract – Avoidance of policy of insurance by Insurer – The Motor Vehicles Insurance (Third-Party Risks) Act, section 18.

Civil Procedure - Effect of failure to file application to pay by instalment form (form 6) with claim form in accordance with CPR 8.16(1)(e) - Whether this is a defect which may be cured – Whether re-serving claim form with application to pay by instalment is a method by which defect may be cured - Whether such re-service of claim form must be within 12 months life of the claim form - Whether an extension of time within which to serve claim form may be made more than 12 months after the claim form was issued

Whether the transfer document marked ‘A’ for identification ought to be admitted into evidence

Default Judgment - Setting aside default judgment - Requirements for setting aside default judgment - Credibility of witnesses - Civil Procedure Rule 13.2 and 13.3 - Whether judgement should be set aside as of right.

Request for information -Specific disclosure - Civil Procedure Rules 34.1 and 28.6(5) - Whether disclosure of company minutes would erode free and candid discussions - Whether material sought too voluminous - Security for costs – Civil Procedure Rules 24.2(1) – Claimant resident outside jurisdiction - Ancillary Claimant resident in Jamaica - Claimant assetless –Whether security for costs order appropriate .

Sale of land by vendor to  two persons - Deed of conveyance - Failure to record deed - Bona fide purchaser for value without notice - Conveyancing Act, S. 66 and 74   - Records Deeds Act. S.2, 6 & 7 -  Will Letters Patents Act - Valid sale - Rescission of contract - Late recording

Duty of mortgagee in exercising power of sale – Whether mortgagee liable for selling property below market value