2020

Arbitration – Foreign arbitration – Enforcement - Principles applicable Evidence – Affidavit – Execution abroad - Whether absence of certificate confirming status of notary public is fatal

Application Summary Judgment – Rule 15.2 CPR 2002 - Effect of plea of guilty in
criminal case - Effect of Request for and or refusal to give Information to party –
Rule 34 CPR 2002 - Test for Summary Judgment – Defence inevitable accident.

Civil Procedure - Application to set aside default Judgment – Civil Procedure Rule
12.4 and CPR 12.5, CPR 13.2 and 13.3 and CPR 26.1

Negligence - Negligent misstatement – Age of motor vehicle – Duty of Trade
Administrator to verify year before issuing licence – Duty of Commissioner of
Customs to verify age during assessing of import duty – Whether Island Traffic
Authority to decode chassis number before issuing certificate of fitness – Motor
vehicle assessor’s duty of care – Whether assessor breached its duty of care –
Standard of care – Ancillary claim – Ancillary claim tried after release and
discharge without admission of liability. CPR 18.

Tort – Malicious Prosecution – Whether prosecutor had reasonable or probable cause or was actuated by malice – Damages – Assessment

Civil Procedure - Application to file defence out of time – Civil Procedure Rule 10.3
and 26.1

Application to set aside provisional charging order - Provisional charging order
issued by registrar on a default cost certificate - Whether default cost certificate
properly issued - Whether the registrar is empowered to make provisional charging
orders. Application to set aside Judgement After Striking Out - Defendant and
Attorney were present when the Unless Order was made - Whether the Defendant
had to be served with the Unless Order before judgment could be entered - Whether

Rule 21.(1) & (2) of the CPR; basis on which actions may be brought or defended in a representative capacity – Rules 26.3(1)(C) and 15.2 of the CPR; principles applicable to the striking out of, or the granting of summary judgment in a claim – Application of s.46 of both the Trustee Act and Limitation of Actions Act where limitation defence raised – Private contract incapable of changing the statutory limitation period –To obtain redress for alleged breach of contractual or fiduciary duty necessary to prove existence of duty, breach of that duty and consequential loss flowing from that

Part 57 of Civil Procedure Rules – Writ of Habeas Corpus ad subjiciendum – principles of Law applicable – Constitution of Jamaica; s. 9, 10, 13, 14 & 20 – The Emergency Powers Act; The Emergency Powers Regulations – s. 30, 33 & 38; Separation of Powers Doctrine/Principle whether Executive breached Doctrine – whether Detention of Petitioners unlawful under EPA & EPR as being in breach of Constitution – proportionality – whether measures under EPA reasonably justifiable.

Injunction - Money loaned to 1st Defendant – Caveat lodged against property – Property already subject of sale to Interested Party – Whether sale to be restrained – Whether serious question to be tried - Balance of convenience-Promissory notes unstamped - Whether admissible in evidence - Observations on the practice of attaching exhibits to affidavits by schedule.