2022

Sections 55, 56, 57, 58, 84, 85, 86, 87 and 89 of the Proceeds of Crime Act - Rules 8.3 (1), 10.8, 10.9, 10.10 of The Judicature (Supreme Court) (Proceeds of Crime) Rules, 2021 - Parts 10 and 12 of the Civil Procedure Rules, 2002- Application for Leave to Enter Judgment in absence of Defence - Civil recovery orders- Recoverable property - Unlawful conduct - Default judgment

Application to strike out Claim – Failure to serve Claim Form within the six-month period – whether the Claimant had the authority to accept service on behalf of the Defendant – whether the Claim Form was effectively served on the Defendant giving rise to entry of Default Judgment – whether Default Judgment can properly be entered against the Defendant – whether the claim ought to be struck out for failure of service. Rules 5.7, 7.5, 8.14(b), 8.14(1): 8.15(1), (2), 8.15(3); 10.3(1), 12.4; 12.5, 12.7; 26.3(1)(a) and 26.3(1)(b) of the CPR as amended.

Civil Procedure Rules – Application for summary judgment pursuant to Rule 15.2(a) – Application to strike out statement of case pursuant to Rule 26.3(1)(c) – Whether the Claimants have a real prospect of succeeding in the claim – Whether the Claimants’ statement of case discloses any reasonable grounds for bringing claim – Whether CPR r. 15.3(c) and r. 8.1(4) apply.

Division of Matrimonial Property - Property Rights of Spouses Act - Section 2 (1), 6 (1) and a, 7 (1) of PROSA - Application for a declaration of entitlement to property - Claim for 50% share - Exceptions to the equal share rule - Considerations of the court when determining whether the equal share rule should be varied - Joint tenancy.

Civil Procedure Rules part 37, Rules 37.3(1) and (2) - Filing of defective notice of discontinuance - Filing of Bills of Costs - Refiling of notice of discontinuance - Second Bill of Cost filed pursuant to Rule 65.20(5) -  Application for default costs certificate -Judgment summons for attorney's  costs - Application to  set aside judgment summons - Whether defective notice of discontinuance can be cured by Court Order - Whether second filing of a bill of costs amounted to an abuse of process.  

Civil Procedure –– Whether time has expired for making application to challenge the jurisdiction of the court - Whether the defendant has waived the right to challenge the jurisdiction of the Court - Service of a claim form after the period of validity – Civil Procedure Rules 8.14, 9, 10 and 26.9.

Judicature (Supreme Court) Act - Part 48 Civil Procedure Rules - Registration of Titles Act - What is charging order - Application for an order for sale of land - Whether final charging order should be discharged - Whether beneficial interest in property was transferred prior to the granting of the provisional charging order. 

Administrative Law- Application for Leave to apply for Judicial Review- Whether the opinion of the Office of the Contractor General as well as subsequent referral can be reviewed- Whether a stay can be granted prior to leave being granted- Whether the Court has jurisdiction to intervene in the conduct of Parliament.
Constitution of Jamaica Sections 48 (2) and 51 (1).

Civil Procedure Rules 56 (2) ,56 (3).
Statues Contractor General Act Sections 4(1) (b), 15, 16, 20, 21, 28- Senate and House of Representatives (Power and Privileges) Act Sections 29 and 51.

Lease - Proprietary Estoppel -Tennant constructed permanent structures - Whether lessor obligated to compensate tenant upon termination of the lease - Whether lessee has an equitable interest in the land - Meaning and effect of “tenant’s fixtures”- Whether lessor’s conduct and representations created equitable interest.

Matrimonial Causes Act – Wife’s application to vary order for spousal
Maintenance – Husband’s application to discharge order for spousal maintenance
– Considerations for applications to vary and/or discharge an order for spousal
maintenance made prior to the Maintenance Act under the Matrimonial Causes Act
– Whether court should vary or discharge the order for maintenance