2021

Civil Procedure: Application for leave for Judicial Review – Sections 13(2) and 16(2) of the Constitution of Jamaica – Sections 29 and 37A of the Firearm Licensing Act – CPR 56.3 – 56.6 and 56.15.

Real Property - Proprietors registered as tenants in common - Purchase
price resulting trust.

Whether the claimant has acquired rights to a possessory title to the disputed
parcels of land - Whether title fraudulently transferred to the Defendants - Whether
Claimant or defendants entitled to damages for trespass or mesne profits.

Assessment of Damages - False imprisonment – Malicious prosecution – Loss of earnings – Calculation to determine award of damages – Aggravated damages – Exemplary damages.

Challenge to Court’s jurisdiction – Correct Procedure to be followed – Copyright Act – Exclusive Licensee – Actions brought by Exclusive Licensee – Default Judgment – Effect of Notice of Inspection

Negligence – Whether breach of duty of care- whether damage or injury to claimant – Whether claimant can rely on particulars of negligence not pleaded –Rule 8.9A of the Civil Procedure Rules – Whether doctrine of res ipsa loquitur applicable – Inevitable accident.

Negligence – Collision between pedestrian and motor vehicle – Contributory negligence – Duty of care – Standard of care – Liability – Quantum of damages

Contract for services – No single written document containing the terms –
determining scope of agreement – General Consumption Tax - Whether payable- Whether Defendant agreed to pay

Judicial Review - Application for Leave - Composite decision making process - Whether there are reasonable grounds for judicial review with a realistic prospect of success - Failure to challenge decision making process of appellate tribunal which is capable of curing defects in earlier process - Late stage amendment of application for leave.