The Hague Convention on the Civil Aspects of International Child Abduction 1980-Articles 3, 11, 12, &13 - The Children (Guardianship and Custody) Amendment Act - Habitual Residence - Grave risk - Discretion after one year - Abridgement of time - Civil Procedure Rules - Rule 27. 2(4).
Freezing Order - Good arguable case - Real risk of party dissipating assets - Where there is hardship on the defendant his legitimate interests must prevail over that of
the claimant - Court’s objective is to obtain just results - Serious issue to be tried - Adequacy of damages - Balance of convenience- Accounting by Executor - Court must not act in vain
Application for the status quo to remain – Application for the parties to agree on an independent person - Res Judicata - Application for injunction – Administrator’s rights and duties - Intermeddling in estate - Balance of Justice - Whether the grant of the interim injunction will have the effect of giving the claimant judgment without a trial
Civil Procedure - Application to set aside judgment in default of acknowledgment of service – Effect of failure to file form of defence (form 5) and form of application to pay by instalments (form 6) – Whether defendant’s conduct of filing an acknowledgment of service after being served with default judgment amounts to a waiver of irregularity of service of the claim – Whether default judgment was irregularly obtained.
Matrimonial Property - Property Rights of Spouses Act - Home acquired by one spouse before marriage - One spouse resident overseas but stays at home from time to time - Whether home the family home - Whether there is an application under section 7 (1) to vary the equal share rule - Section 12(2) - Date on which share is to be determined - Subsisting mortgage
Assessment of damages – General damages – Special damages – Mitigation of losses – Claim for loss of earning capacity – Claim for future medical expenses
ADMINISTRATIVE LAW – Judicial Review – Application for Leave to apply for Judicial Review – Review of a decision made by the Director of Public Prosecutions – Whether there is a reasonable prospect of success – Sections 1(9) and 94 of the Constitution of Jamaica.
