2022

Release and Discharge - Accord and Satisfaction - Undue Influence Unconscionable Bargain - Agent and Principal - Subrogation

Husband and wife purchased property – Property (Rights of Spouses) Act -
Adverse possession - Whether the property is the family home – Whether the
property is matrimonial property – Whether it would be unjust to give each spouse
a 50% share in the property

Application for division of property – Property other than the family home –
Property purchased by one party to marriage – Effect of power of attorney –
Relevant factors for the acquisition of an interest in property other than family
home.

Administrative Law – Legitimate expectation – Whether police officer has a
legitimate expectation to be re-enlisted to the Jamaica Constabulary Force.

Civil procedure – Striking out – Application to strike out claimants’ statement of case – Whether the claimants’ statement of case ought properly to be struck out – The approach of the court in dealing with an application to strike out – Whether the 1st claimant has the requisite standing to bring the claim – Whether the claimants have sufficiently particularized the claim – Whether the claimants’ statement of case as framed constitutes an abuse of the process of the court – Whether the claimants’ statement of case is prolix, frivolous and vexatious and without merit – Whether the claimants

Civil Procedure – Application to appoint expert witness – Application made after case management conference – Application made in the context of a claim for judicial review – The role of the court in a claim for judicial review – Whether the proposed expert evidence is relevant to the issues to be determined in the claim for judicial review – Whether the proposed expert evidence is reasonably required to resolve the proceedings justly – Civil Procedure Rules, 2002, rules 32.2, 32.3, 32.6(1), 32.6(2), 32.6(3) and 32.6(4)

Setting Aside Default Judgment under CPR 13.2. -  Whether the 1st defendant has proven on a balance of probabilities that he was not served with the claim form and particulars of claim

Judicial Review - Labour Relations and Industrial Disputes Act (LRIDA)- Sections 2, 11 A (1), 12 (5) (c) - Employment terminated by reason of redundancy - Intervention of Minister of Labour and Social Security under the LRIDA sought after acceptance of redundancy package and filling of post the subject of the dispute - Whether the Minister acted ultra vires the Act in deciding not to refer the dispute to the Industrial Disputes Tribunal - Whether a Minister may properly consider the issue of waiver of the rights at sections 12 (5) (c) of the LRIDA in determining whether or not to exercise t

Adverse Possession – Joint tenants – Whether co-owner dispossessed

Registration of Titles Act sections 68, 70 and 71 – Whether the Claimants are bona fide purchasers for value without notice of fraud – Whether the Claimants acted in bad faith in failing to investigate prior transfers and adverse acquisition noted on registered title – Restrictive covenant requiring Claimants to apply for building approval through the 1st Defendants – Whether the 1st Defendant can refuse to process the Claimants’ application because of the 2nd Defendant’s allegation that its title was cancelled on a fraudulent application for adverse possession – Adverse possessor sold the