2020

Tort - Passing Off – Continuous user of name – Ownership of name - Ownership of goodwill – Secondary meaning of name – Whether misrepresentation in use of name – Damage – Remedies. Companies Act section 107.

Consent order - Application to set aside consent order - Part 23 of the Civil Procedure Rules -  Mental Healt Act S. 2

Defendant established by Act with Statutory Constitution – Defendant a Public Education body – Section 3 (1) of Caribbean Maritime Institute Act – Section 28 of Interpretation Act – whether contract between Claimant and Defendant – if contract whether contract breached – Disciplinary measures taken against Claimant – whether right to fair hearing denied Claimant – Credibility of parties

Application for Certiorari - Labour Relations and Industrial Disputes Act Sections
12(4)(C), 12(15)(c), 12(10) & 20 - Scope and Function of The Industrial Disputes
Tribunal - Function of the Court in reviewing awards of The Industrial Disputes
Tribunal. - Whether The Industrial Disputes Tribunal acted Outside of the scope of
its jurisdiction

Application for leave to apply for judicial review – Whether recommendations are amenable to judicial review - Administrative orders.

Civil procedure and practice - Application for security for costs – Companies Act, section 388 – Civil Procedure Rules, 2002, rule 24.2

Application for Extension of Time to File Defence – Whether delay is inordinate – Is there a good reason for the delay – Whether there is an arguable case – Rules 10.3(a) and 26.1(2)(c) of the Civil Procedure Rules (CPR) 2006 (as amended).

Whether the provisions of the Property Rights of Spouses Act are applicable – Whether the disputed property is the family home – Whether provisions of section 14(2) of the PROSA relevant – Whether the principles of constructive and/or resulting trust are applicable.

Judicial review – Application for leave to apply for judicial review – Threshold test – Whether the applicant has an arguable ground with a realistic prospect of success – Doctrine of ultra vires – Whether statutory authority acted ultra vires – Principle of illegality and irrationality – Whether statutory authority acted illegally and irrationally – Principle of equitable treatment – Whether statutory authority acted unfairly and inequitably – Whether the waivers granted by the statutory authority gave rise in law to a legitimate expectation on the part of the applicant – Whether the appli