2022

Application to set aside or vary order - Order was made granting leave to apply for
judicial review - Applicant not a party to claim for judicial review - Applicant not
served with application for leave - Whether order ex parte - If order not ex parte can
order be revoked or stayed by a judge of concurrent jurisdiction - Applicant asserts
interest as a party directly affected - Whether order should be varied or set aside.

Civil Procedure - Unless Order - whether unless order made against a deceased claimant is a nullity - Whether unless order took effect upon non-compliance of deceased claimant - Part 21 of Civil Procedure Rules - Whether administrator ad litem for deceased administrator’s estate should be appointed -  Rule 64.13 of Civil Procedure Rules - Wasted costs order - Whether wasted costs order should be made against claimant’s attorneys.

Evidence - Computer generated evidence - Section 31G of the Evidence Act - Evidence necessary to satisfy section 31G.

Application for relief from sanction after sanction applied –– What was the sanction which applied for failure to file witness statement in time –– When did the sanction take effect –– Whether the application was made promptly –– Whether the state of mind of the applicant ought to be considered –– Ignorance as to the true state of the law ––Whether the failure to comply was intentional –– Whether there is a good explanation for failure to comply –– Whether the claimant generally complied with orders of the court –– Witness summary –– Whether non-compliance has been remedied –– Effect of gra

Trial – False Imprisonment – Malicious Prosecution – Assault and Battery – Reasonable and Probable cause – Self Defence

Application for summary judgment - Registered land – Registered easement (road reservation) - Limitation of Actions Act - Possessory title - Whether right to road reservation extinguished.

Interlocutory injunction – Search, preservation and production order - Whether strong prima facie case required - Whether jurisdiction to prevent a libel at the interlocutory stage- Whether privilege against self-incrimination applicable – Observations on the origin of jurisdiction to grant injunctions – Costs – Whether to be apportioned – Whether certificate for two counsel to be granted.

How costs should be apportioned - Decision made partly in favour of the claimant, partly in favour of some of the defendants - Costs of defendant against whom claim need not have been brought.

Judicial Review – Whether the relevant authorities acted ultra vires - Statutory Interpretation – Legitimate Expectation – Town and Country Planning Act – Natural Resources Conservation Authority Act – 1966 Town and Country Planning (Kingston) Development Order – Town and Country Planning (Kingston and Saint Andrew and Pedro Cays) Provisional Development Order, 2017

Application to stay or set aside order - Rule 18.11 - Rule 39.6 of the Civil Procedure Rules.