2022

Injunctions - Part 17 of the CPR - Procedural Irregularity - Failure to Comply with CPR rule 8.8(2)(a) - CPR rule 26.9 - Res judicata - Estoppel

Contract for fee sharing between Attorneys - Whether mere referral - Breach of Canon IV (g) of the Legal Profession (Canons of Professional Ethics) Rules - Whether contract is unenforceable by reason of public policy – Attorneys’ fees in the administration of estate

Constitutional law – Fundamental rights – Redress – Constitutional claim challenging the lawfulness of bauxite mining activities on the part of the defendants – Breach of fundamental rights – Right to life – Right to receive information – Right to reside in any part of Jamaica – Right to enjoy a healthy and productive environment free from the threat of injury or damage from environmental abuse and degradation of the ecological heritage – Right to protection from degrading treatment.

Civil Procedure – Interlocutory application to strike out impugned paragraphs contained in specific affidavits – Relevance – Whether the evidence contained in those affidavits is relevant – Admissibility – Admissibility of evidence contained in specific affidavits – Whether the statements contained in the affidavits are scandalous – Whether the statements contained in the affidavits are irrelevant or otherwise oppressive rendering them inadmissible – Whether the statements contained in specific affidavits if allowed to remain would impede the just disposition of the matter – Whether the pre

Judicial review – Military law – Jurisdiction of court – Discharge from military – Whether claim justiciable – Breach of natural justice – Defence Act - The Defence (Regular Force Enlistment and Service) Regulations, 1962 – Force Standing Orders

Application to set aside – Substituted service – Overriding objective – Whether insurance company has done enough to bring documents to insured’s attention – Effect of service of unsealed order 

Civil Practice & Procedure - Application for Leave to Appeal – Considerations on application for leave to appeal – Realistic Prospect of Success – Case Management Powers of the Court – Part 26 of the Civil Procedure Rules

Application to Strike Out Statement of Case - Crown Proceedings Act - Constabulary
Force Act - Claim brought in respect of Judge of the Supreme Court - Prosecutor and

Police - Malicious Prosecution - False Imprisonment - Loss of Family Life?

Civil Procedure – Application for determination of liability after defence struck out
and judgment entered – Effect of striking out – Procedure after defence struck out
and judgment entered - Relevant considerations

JUDICIAL REVIEW – Leave to apply for judicial Review, Claim Form filed after 14
days of receipt of order, computation of time from receipt of order, Renewal of
application for leave to apply for judicial review, Rule 56.2 (1) and (2), 56.4 (12), 56.5,
and 56.11 (1) discussed; Meaning of directly affected, Interested party.