2019

Civil Procedure and Practice - Application for Summary Judgment -Reasonable prospect of success - Civil Procedure Rule 15.2 - Interim injunction - serious question to be tried - Adequacy of damages - Balance of convenience

Negligence - Motor vehicle collision - Contributory negligence - Credibility of witnesses - Liability of parties - Damages - Assessment - Personal injury.

Application for Interim Injunction – Factors to be considered in granting Interim Injunction- Constabulary Force Act – Jamaica Police Federation – Whether a final hearing of a dispute is unlikely to occur because the grant or refusal of an injunction would virtually bring the dispute to an end – Whether damages are an adequate remedy – American Cyanamid plus test – The effect of the absence of an undertaking in damages – Where would the greater risk of injustice lie.

Negligence - Motor vehicle accident - Breach of duty of care.

Applications to set judgment aside to remove caveat and for summary judgment - Applications in separate claims heard at the same time - Whether delay explained - Whether real prospect of decence succeeding - Whether interest in land such as to support caveat - Contract - Dispute settled - Whether independent legal advice precludes allegation of undue influence.

Negligence - Motor vehicle accident - Motor vehicle and pedal cyclist - Credibility of parties - Whether claimant contributorily negligent - Damages - Assessment -  Personal injury.

Revenue appeal - Respondent's notice of application to strike out appeal for the appellant's failure to comply on time with the pre trial review orders - Rule 26.3(1) (a) of the Civil Procedure Rules - Whether striking out the most appropriate sanction - Appellant's notice of application for extention of time to comply with pre trial review orders.

Whether property held on trust - Whether joint tenancy severed - Admissibility of statements contained in document purporting to be affidavit which was not properly executed - Whether claimant's interest in property extinguished by virtue of provisions of Limitation of Actions Act - Whether it was necessary to bring claim against Attorney-at-law in possession of duplicate certificate of title.

Locus standi - Whether the action is brought as a relator’s claim - Whether the claimant has the locus standi to bring the claim (Rule 8.12). Breach of Contract - Whether there is a valid contact between the parties - Whether the contract is void for illegality. Negligence - Bailor - Bailee - Whether the defendant/bailee owed a duty of care to the claimant/bailor - Whether the defendant breached his duty of care - Damage to property.

Application to Dismiss for want of prosecution - Abuse of the process of the court - Whether there is inordinate inexcusable delay - Whether there is or will be incurable prejudice - Whether a fair trial is possible - Rule 1.1 - Rule 26.3 of the Jamaica Civil Procedure Rules (CPR).