2020

Employer's liability - Breach of duty of care - Breach of contract of service - Causation - Safe system of work - Adequate and suitable equipment

Application to strike out claimant's statement of case - Whether there was reasonable ground for bringint the claim - Application for extension of time to file defence - Whether good explanation for delay - Whether defence arguable - Civil Procedure Rules 26.3(1) and 10.3(9).

Administrative orders – Whether a Commissioner of the Jamaica Fire Brigade can promote officers without the approval of the Fire Brigade Board – What is the effect of General Orders – Whether the claimants reasonably held an expectation that they had been promoted by the publication of General Orders, when there was no evidence that the requirements for promotion had been complied with – Whether the failure of the Fire Brigade Board to promote the claimants in the circumstances amounted to an abuse of power, or whether there was an overriding public interest in not honouring the communicati

Negligence – Breach of contract – Employer’s liability – Occupier’s liability – Res ipsa loquitor – Slip and fall on floor during post-hurricane clean up – Whether inference of negligence can be drawn – Whether the defendants breached a duty owed to the claimant under the Occupier’s Liability Act – Whether the defendants had provided a safe place and system of work.

Trt - Trespass to land - Award of damages - Nominal damages for trespass to land - Injunction against trespass

Application to set aside default judgment – Whether there is a good explanation for the failure to file an acknowledgment of service within time – Alleged default of applicant’s insurers – Whether the application was made as soon as was reasonably practicable after finding out about the default judgment – Application made almost a year after finding out about the default judgment – Whether the proposed defence has a realistic prospect of success – Reliance on hearsay evidence

Civil practice - Application to set aside judgment - Whether application made as soon as resonably practicable - Explanation for delay - Prejudice to claimant if judgment set aside.

Civil practice and procedure - Application for specific disclosure - Civil Procedure Rules 2002, as amended; Rule 28.7 - Whether documents requested are directly relevant to the claim or whether claimant is on a fishing expedition

Land - Boundaries of conguous parcels of land - Whether the claimant is entitled to specific performance

Civil practice and procedure - Mortgage - Duty of mortgagee in exercising power of sale - Whether mortgagee liable for selling property below market value