2022

Setting Aside Default Judgment – CPR 13.3 – Whether the defence is one with a real prospect of success – Whether the defendant applied to set aside the defence as soon as reasonably practicable – Whether there is a good explanation for failing to file an acknowledgement of service within the time stipulated by the CPR – Whether the claim form was served

Judicial review – Retirement in the public interest – Police Services Commisson – Role of Privy Council – Role of Governor General – Police Service Regulations – Regulations 26, 47 – The Jamaica (Constitution) Order in Council 1962– sections 2, 4, 32, 125, 130

Judicial Review – Whether an industrial dispute existed at the time of the referral - Whether the Minister’s decision to refer the dispute to the IDT is ultra vires –– Separation agreement – Whether dismissal –– The Labour Relations and Industrial Disputes Act, 1975, sections 2 and 11A(1)(a)(i)

Validity of a Will – Whether the testator was unduly influenced to execute his final Will – Whether the testator requested the requisite testamentary capacity at time he prepared his Will

Application to commit for breach of order - Whether applicants complied with requirements of Part 53 - Whether the application should have been commenced by Fixed Date Claim Form - Whether respondent bound by order of the court - What order is appropriate.

Constitutional Law – Whether claimant’s rights under section 16(2) of the Charter of Fundamental Rights and Freedom breached – Whether a non - State entity bound by section 16(2) rights - Whether claimant had an alternative remedy.

Tort – Breach of statutory duty – Whether a statutory duty of care is imposed on the highway authority – Whether the highway authority breached the statutory duty – Liability of highway authority Occupiers’ liability – Common duty of care – Degree of care – Use of the highway – Motorist injured while using the highway – Unidentified object thrown by unidentified persons from overhead bridge along the highway –Object impacted motorist – Whether the highway is considered to be premises in accordance with the statute – Whether the highway authority is an occupier – Whether motorist is a visito

Renewed application for leave to apply for Judicial Review – Parish Court Judge ruled evidence admissible - Whether ruling goes to jurisdiction - Whether arguable case with real prospect of success - Whether alternate remedy available by way of appeal.

Civil Procedure: Application for Summary Judgment on a FDCF – Summary
Judgment – Whether court can correct error in Application – Application to Strike
Out

Civil Procedure: Application to Strike Out – Claim for Constitutional Relief when
alternative remedy Available - Breach of reasonable expectation of Fairness - Abuse of the Constitutional Protection of Freedom of Expression - Negligence -Defamation Act – Application of Section 33 and 33(5)(a) of the Defamation Act, 2013 - Limitation of Actions Act.