2018

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.

Contract law - Claim for arrears of salary based on term stated in employment contract - Whether term was a mistake - Whether the doctrine of unilateral mistake is applicable.

Employment law - Wrongful dismissal - Whether claimant is an employee or independent contractor.

Contract - Contract of employment - Whether period of probation was extended - Whether sufficient notice of termination - Whether there is an implied term of trust and confidence in an employment agreement - Whether breach of such as term can override an express contractual term specifying the appropriate period of notice.

Trespass - Who may bring claim - Registered title by description - Construction of descriptive words in context of other evidence. 

Injunction - Principles to be applied - Applicant registered legal owner – Party against whom injunction is sought is a mortgagee – Payment into court by mortgagor under ‘Marabella principle’ - Exceptions to applicability of the principle

The Evidence (Special Measures) Act, 2012 - The Evidence (Special Measures) (Criminal Jurisdiction) (Judicature) (Supreme Court) Rules, 2016 - Application for main witness to give evidence by live link - Appropriate circumstances for use of special measure of live link - Definition of vulnerabe witness - Witness said to be in fear but no allegation of actual threat - Right of accused to a fair trial - Credibility significant issue - Risk of incurable prejudice of the accused - Overall interests of the administration of justice.

Matrimonial Property – Claimant’s entitlement to an interest in the family home – Whether claimant’s interest in family home has been extinguished – Property (Rights of Spouses) Act, 2004, section 6, Limitation of Actions Act, 1881, sections 3, 4, 14 and 30