2022

Real property  - Application for beneficial interest in property - Equitable remedies - Constructive trust - Proprietary estoppel - How equity to be satisfied - What effect does the deceased's Will have on the claimant's beneficial interest in the property 

Civil Procedure – Rule 13.3 of the CPR as amended [2006] – Application to set aside default judgment – Failure to file defence in time – Realistic prospect of success – Delay in making the application.

PROSA Declaration of interest - Definition of Spouse – Definition of family home

Constitution of Jamaica – Charter of Fundamental Rights and Freedoms
(Constitutional Amendment) Act- Sections 13(3)(e) and (h) – Whether the decisions
of the Office of Utilities Regulation and the Spectrum Management Authority
breached the Claimant’s right to freedom of association and right to equitable and
humane treatment.
Crown Proceedings Act- Sections 2 and 13(2)- Whether constitutional claims are
civil proceedings within the meaning of the Act - Attorney General being joined as
a Defendant

Whether claimant entitled to possession of disputed property - Proprietary
estoppel - Adverse possession - Whether ancillary claimants entitled to beneficial interest in property.

Civil Procedure – Whether failure to participate in future mediation within timelines
constitutes failure to comply with unless orders – Whether there was failure to
comply with the unless orders – Whether relief from sanctions should be granted
– Alternatives to striking out – Whether costs should be awarded against the

Claimant for opposing application for relief from sanctions – Application of Civil Procedure Rules 2002: 1.1, 26.5, 26.8, 42.8, 42.9 and 64.6

Civil Procedure – Application to appoint personal representative –– Whether application to appoint personal representative is properly before the Court –

Criteria for appointing personal representatives – When can the court exercise its power to appoint a personal representative - Application of Civil Procedure Rules 2002: 21.1, 21.2, 21.3, 21.4, 21.7 and 30.3

Whether claimant a common law spouse – Whether claimant has acquired an
interest in disputed property – Whether a constructive trust arises in favour of the
claimant.

Civil Procedure - CPR 64.6 - Renewed application for leave to apply for order of certiorari to quash criminal proceedings refused - Previous decisions of the court indicating similar applications inappropriate - Whether renewed application an abuse of process - Whether wasted costs order to be made against counsel.

Application to strike out – CPR rule 26.3(1) - Application for Summary Judgment - CPR rule 15.2 - Privity of Contract – Subsidiary company – whether separate from parent company – Forum Non Conveniens – Exclusive jurisdiction clause in contract