2018

Equity - Proprietary estoppel - Misconduct on part of claimant

Matrimonial home - Consent order filed that parties are joint tenants of subject property - Order that property to sold and net proceeds of sale be distributed between parties equally - Order that either party can elect to purchase property - Neither party electing to purchase property - Which party is to have first option to purchase property.

Negligence - Employer's liability - Occupiers' liability - Safe system of work - Defendant's witness statement admitted as hearsay pursuant to Section 31E(4) of the Evidence (Amendment) Act - Credibility of witness.

Unless order - Striking out of defendant's statement of case - Whether defendants whose case has been struck out can participate in assessment of damages hearing - To whom extent can the defendants whose case has been struck out participate in an assessment of damages hearing - Fundamental rights of defendant - Proportionality of restriction on defendant's rights to objective of striking out the defendant's statement of case.

Claim for entitlement to property - Property (Rights of Spouses) Act - Claim for maintenance - Maintenance Act

Negligence - Fatal shooting - Whether Crown vicariously liable

Sections 22, 24, 32, 35 and 36 of the Registration (Births and Deaths) Act - Section 6 of the Coroners Act - Whether the University Hospital of the West Indies has any legal basis for refusing to release the body of the deceased to her next of kin.

Civil Practice and Procedure - Unless Order made in respect of security for costs - Claimant in breach of Unless Order - Claimant’s claim struck out - Notice of application for relief from sanctions - Rules 26.7(2) and 26.8 of the Civil Procedure Rules.

Contract - Dispute as to nature and validity of contract - Contract referring to loan/eqity - Whether monies advanced was for a loan or an equity investment - Whether the written contract was so ambigious as to call into question the contra proferentem rule - Whether contract in breach of the Moneylending Act.

Contract - Sums paid under an earlier agreement - Later agreement superseding the earlier agreement by incorporating its terms - Whether consideration past.