2021

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.

Civil Procedure - Whether insurer has the right to intervene or must obtain the leave of the court - Sufficiency of interest - Defendant deceased when insurance policy in respect of motor vehicle renewed by the insurer - Whether insurer should be permitted to intervene to set aside default judgment in the absence of notice or permission of the Defendant’s Estate as policy holder - Identity of the person who applied for renewal of policy of insurance not disclosed by the insurer.

Civil Procedure - CPR 26.3 - Application to strike out statement of case - Discloses no reasonable ground for bringing claim - Constitutional right to privacy of information - Building society and employees’ duty of confidentiality - Disclosure exceptions - Own interest and required by other law.
Application for indemnity costs on abandonment of the application for summary judgment at the hearing of application.

Insolvency – Whether the interest rate to be applied to the debt should be limited to 6 percent per annum where the Insolvency Act is silent whereas the repealed Bankruptcy Act contained such a restriction
Statutory Interpretation- Whether there is a lacuna in the statute and if so whether the Court should seek to remedy it.

Civil Procedure- Application to amend statement of case – Principles to be applied – Application made after trial has commenced