2019

Trust – Voluntary “Investment club” – Olint - Whether money invested as instructed – Whether duty to account - Whether breach of trust.

Negligence – Motor vehicle accident at road intersection – Claim for personal injuries – Counterclaim for repairs to motor vehicle – Credibility of parties – Contributory negligence – Damages – Assessment

Application to set aside default judgment – Rule 13.3 of the Civil Procedure Rule (CPR) whether there is a valid claim against a company struck off the Register - Service pursuant to rule 5.9 of the CPR.

Civil practice and procedure - Notice of application for court orders to strike out claim - Rule 26.3 (1) (b) of the Civil Procedure Rules - The Limitation of Actions Act 1881 (Jamaica) - English Limitation Act of 1623 21 James 1 Cap 16 - English Limitation Act 1980 - The Interpretation Act - Whether the claim is statute barred and an abuse of the process of the Court.

Division of [matrimonial property] - Family home – Whether property falls within the definition of the family home – Other property – Whether court can treat with claim as if made for division of property other than the family home – Relevant considerations. Property (Right of Spouses) Act sections 2,13 and 14.

Matrimonial Property – Claimant’s entitlement to an interest in properties other than family home – Claimant’s monetary and non-monetary contributions toward the acquisition, conservation or improvement of the said properties – Property (Rights of Spouses) Act, sections 13, 14 and 15

Civil Procedure - Application to set aside substituted service - Civil Procedure Rule 11.18

Jurisdiction – Whether claim should be struck out on basis that no Fixed Date Claim, date or first hearing has been issued – Whether Claimants can bring matter in their personal capacity against the trade union – Whether permission of the union or court is required to bring action – Whether derivative action – Civil Procedure Rules, Part 27.

Application for summary judgment - The Principles to be considered upon an application for summary judgment - Contractual agreement excluding liability for negligence - Whether the Consumer Protection Act applies - Section 37 of the Consumer Protection Act - Whether the claim was properly instituted - Application for security for costs - Consideration of the Court in respect of an application for security for costs.