2022

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

Application for Injunction – Breach of Contract – Whether or not Interim Injunction
should be extended – Whether Balance of Convenience is in Favour of the
Claimant.
Application for Discharge of Injunction – Breach of Contract – Whether the Claim
is Frivolous or Vexatious – Whether or not Balance of Convenience is in favour of
the Defendant to justify discharge of injunction – Whether injunction should be
discharged.

Easement of Necessity – Intended Easement – Property sub-divided leaving one of two lots landlocked – Use of a common area.

Judicial Review – Renewed application for leave to extend time to apply for judicial review – Whether there is a good reason to extend time – Whether the application discloses an arguable ground for judicial review

Application to set aside default judgment – Alleged failure to serve claim form - Whether a delay in filing the application should result in the failure of the application – Whether the defendant has a defence which has a realistic prospect of success - Whether a draft defence attached to an affidavit is sufficient – Hearsay

Injunctions - Freezing Order – Whether a real risk of dissipation has been established - Whether Search is to be permitted of computer images containing trade secrets and confidential business records by a competitor – Preservation Order – Anton Piller Order – Failure to make full disclosure.

Husband and wife - Claim for entitlement to property - Property (Rights of Spouses) Act S. 2, 6, 7, 13 and 14 - Whether the property was the family home - Ownership test/requirement - Residence test - Applicability of section 14 of the Property (Rights of Spouses) Act.

Civil Procedure – Motor Vehicle Insurance Third - Party (Risks) Act, Execution of Judgment, Rule 30 (2) of the CPR.