2020

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.

Civil procedure – Application for permission for 1st defendant to amend statement of case – Whether proposed amendment to defence raises a different case than that originally pleaded – Whether amendment would prejudice the claimants – Whether 1st defendant’s statement of case is prolix and ought to be struck out – Rules 20.4(2), 26.3(1)(d) and 26.2(2) of the Civil Procedure Rules, 2002, as amended.

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

Negligence – Personal injury- Credibility - Duty owed by correctional officer to inmate -  Res ipsa
loquitur.

Injunction - Interim - Inter partes hearing - Whether there was material non-disclosure - Anticipatory breach of restrictive covenant - No application or order for modification of restrictive covenant - Whether there is a serious question to be tried - Balance of convenience.

Civil Procedure – Whether the Claimant abandoned his interest in real property - Whether the Defendant dispossessed the Claimant - What is the effect of the execution and registration of the Instrument of Transfer subsequent to the purported period of dispossession.

Lease – Commercial premises – Rent Restriction Act – Whether certificate of exemption has retroactive effect – Whether oral collateral agreement/terms – Re-entry for non-payment of rent – Whether lease lawfully terminated – Whether tort of breach of statutory duty- Whether decision of English Court of Appeal binding - Damages.

Civil Procedure - Whether the Supreme Court has jurisdiction to hear an application to discharge a freezing order made by a Judge of the court after there was a judgment on the claim and before there was an appeal against that judgment and a stay of execution of portions thereof  - Ex-parte freezing orders - whether the Supreme Court retains the jurisdiction to address ex parte orders even if there is an appeal in respect of the judgment in the claim, in aid of which a protective freezing order was granted.