2020

Civil procedure – Claim form filed close to the expiration of limitation period –
Application to extend the validity of the claim form filed within life of the claim form
– Whether it is appropriate to extend validity of the claim form after claim became
time-barred – Rule 8.15 of the Civil Procedure Rules, 2002 as amended.

Motor vehicle accident - Negligence - Overtaking - Differing accounts on how collision occurred - Damages - Cost.

Civil Procedure – Application to extend the validity of the claim form – Application heard after the validity of the claim form – Application for Substituted Service – Civil Procedure Rules, 2002, (CPR) – rules 8.14(1), 8.15(2), 8.15(3)(a)(i and ii)

Civil Procedure Rules 2002 (CPR 2002) - Further extension of the validity of the Claim Form – Whether the Claim Form can properly be extended since it is no longer valid – Whether the rule in Glasford Perrin v Donald Cover Applies – Does incomplete Jurat affect validity of Affidavit – Rules 8.14(1) and 8.15 26.1 (2)(6) 30.4 of the (CPR 2002).

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