Civil Procedure-Substitution of parties - Rule 19.4 of the Civil Procedure Rules 2002- Significance of relevant limitation period in the context of Rule 19.4 and the Limitation Act - Service out of the jurisdiction – Rules 7.3 and 7.5 of the Civil Procedure Rules 2002 considered - Without prejudice communication – Legal principles governing without prejudice communication
Statutory interpretation - Housing Law, 1958, S. 46A(2)(g), 48(B) and 46(c) - Whether statutory cause of action exists - Whether Jamaica Public Service Company obliged by law to replace underground electicity cable at own expense.
Default judgment – Application to set aside default judgment – Criteria to be satisfied – Definition of ‘real’ in real prospect of successfully defending Claim – Whether Ancillary Claim filed is a nullity.
Negligence - Motor vehicle collision - Personal injuries - Damages to motor vehicle
- whether the defendant is liable - Whether the claimants are contributory negligent. Assessment of Damages - Special damages - Whether loss of earning - Loss of future earnings should be strictly proven - Loss of earning capacity - Whether multiplicand/multiplier approach is appropriate - Pain and suffering and loss of amenities.
Application to Strike out Claim –Arbitration - Section 12 (2) Arbitration Act (1900) – Construction of Contract – Mitigation of Damages – Whether misconduct - Whether error of law on face of the record – Court’s inherent jurisdiction – Whether reasonable ground to bring claim.
Applications for Summary Judgment – Injunction – Lease – Absence of building permit - Breach of restrictive covenant – Whether landlord entitled to demolish buildings the subject of the lease.
Application to set aside order - Section 206 of the Companies Act – Scheme of arrangement - Whether court has jurisdiction to permit meeting – Whether meeting with creditors a prerequisite to permission.
