2020

Summary Judgment – Negligence - Vicarious Liability – Agency

Negligence – Damage to property – The duty of care owed by utility company to homeowner – Breach of the duty of care – Doctrine of res ipsa loquitur – Causation – Foreseeability of damage – Remoteness of damage – Basis on which damages are to be assessed – Whether special damages have been specifically pleaded and specifically proven – Quantum of damages – Whether the court should deviate from the breach date rule in the assessment of damages in the interest of justice

Joint Tenancy – Property held on trust – Test to be applied – Common intention of the parties.

Summary Judgment – Striking out Statement of Claim

Leave to apply for Judicial Review – Is there a realistic prospect of success – Mandamus - Is inaction tantamount to a refusal

Civil procedure – Defence – Whether the defence filed amounts to a bare denial – Application to strike out portions of witness statement on the basis that it introduces facts not pleaded – Defence of automatism – Application to strike out defence of automatism – Res judicata – Doctrine of res judicata – Issue estoppel – Doctrine of issue estoppel – Civil Procedure Rules, 2002 – Rules 10.5, 20.1, 20.4, 26.3, 1.1 and 1.2

Matrimonial Property - Property Rights of Spouses Act (PROSA) - In limine objection - Petition for the Dissolution of Marriage proceeded in default to a grant of Decree Absolute - Notice of Application for Court Orders for division of matrimonial property filed while divorce claim subsisted but not determined before the grant of Decrees Nisi and Absolute - Whether res judicata applies - Whether claim for division of matrimonial property must be made by Fixed Date Claim Form.

Contempt of Court – Factors to be considered - Committal order – Standard of proof - Whether mens rea required – Meaning of ‘wilful’ - Whether there needs to be proof that the party had an intention to act in contempt of Court
Civil Procedure – Whether order of a single Judge of the Court of Appeal can be amended or modified by a notice to parties – Whether such notice can be used as a tool to construe the meaning of an order

Matrimonial Property - Property Rights of Spouses Act (PROSA) - Application to make claim for division of matrimonial home after twelve months of dissolution of marriage - General considerations - Prejudice - Whether Respondent would be barred from claiming adverse possession of Applicant’s interest in matrimonial home if time is extended to make PROSA claim.

Judicial Review – Whether the Claimants have locus standi to seek the relief sought in the claim – Whether the relevant Authorities acted ultra vires their statutory powers

Statutory Intepretation – Legitimate Expectation – Lack of consultation by Authority before decision made – Town and Country Planning Act – Natural Resources Conservation Authority Act – 1966 Town and Country Planning (Kingston) Development Order – 2017 Town and Country Planning (Kingston and Saint Andrew and Pedro Cays) Provisional Development Order