2021

Contract – Assessment of damages - Loan agreement – Whether quantum of debt claimed is incorrect due to misapplication of funds and/or incorrect interest rate being applied

Matrimonial Property - Property Rights of Spouses Act - Spouses acquired home as joint tenants prior to marriage - Application to vary equal share rule - Marriage of short duration - Considerations - Unavailability of commercial interest for sums paid towards mortgage by one party after date of separation.

Breach of contract for sale of land - Whether previous oral contract forms part of the agreement for sale of land - Mesne profits - Apportionment of outgoings - Statute of Fraud S. 4

Mortgage - Exercise of power of sale - Whether loan repaid - Whether money paid by guarantor on one loan can be applied by lender to another loan - Whether defendants entitled to an account from creditor.

Assessment of Damages – Extradition order made pursuant to the Extradition Act
1870 – Claimant’s Writ of Habeas corpus application dismissed by the Full Court –
Claimant filed notice of intention to appeal to the Privy Council – No such right of

Application  to strike out claimant's statement of case - University of the West Indies (UWI) Charter, Statutes and Ordinances - Appeal rejection of PH. D Thesis visitor's jurisdiction - Delay in exercising jurisdiction - Breach of constitutional right to a fair hearing within a reasonable time before an independent and impartial tribunal - Jurisdiction of Court to hear matters with visitor's jurisdiction - Availability or alternative remedy to claimant - Civil Procedure Rules Part 56.

Application to set aside default judgment – real prospect of success – effect of delay – good explanation – risk of prejudice

Civil Procedure - CPR 26.8 - Application for relief from sanction - Promptitude - Whether the failure to comply with court order was not intentional - Whether there is a good explanation for the delay.

Civil Procedure - In limine objection to further consideration of interim injunction granted ex parte - no order made by the court for the filing and service of claim form by specified date - applicant gave an undertaking in it application for without notice interim injunction to file and serve claim by a specified date - applicant failed to comply with own undertaking - court orally advised of the filing of claim form on the day of the hearing but not served on respondent at the time of the hearing - whether court is prevented from considering application further.