2023

Civil Practice & Procedure - Breach of Contract – Wrongful Termination of Contract – Repudiatory Breach of Contract – Interpreting Terms of a Contract – Implied Terms – Counterclaim for Breach of Contract –Damages – Interest – Costs

Civil Procedure - Rule 15.2 - application for summary judgment - whether the
defendant has no real prospect of succeeding in the claim – rule 15.4(4) whether
summary judgment may be entered on the issues - whether a failure to satisfy rule
15.5(4) of the CPR is fatal to obtaining judgment on the issues – whether judgment
on the counterclaim in favour of the claimant should be entered

Application for permission to file defence and acknowledgement of service out of time  - Application filed with defence - Application not filed at the same time as affidavit of merit - Factors to be considered by Court in deciding whether to grant an extension of time for filing defence - Rule 10.3(9), 26. (1)(2)(c), 1.1(1) (2)
and 1.2 of the Civil Procedure Rules.

Admiralty - Negligence – Whether waves generated by moving vessel caused damage - Whether damage reasonably foreseeable - Whether duty of care- Whether operator of moving vessel in breach of duty of care - Whether damaged vessel moored in unreasonably shallow water - Whether contributory negligence - Measure of damages - Whether total loss - Whether cost of maintaining vessel until trial recoverable - Whether loss of use recoverable for pleasure craft.

Defamation – Assessment of Damages – Aggravated Damages – Exemplary Damages – Special Damages – Interest – Admissibility of Evidence

Section 13 (2) of the Constitution of Jamaica – Section 13 (3) (h) of the Charter of Fundamental Rights and Freedoms –– Whether the words equitable and humane should be read conjunctively – Whether inhumane treatment applies to a Company – Whether the parties are similarly circumstanced - Section 2 (4) of the Natural Resources (Prescribed Areas) (Prohibition of Categories of Enterprise, Construction and Development) Order, 1996 as amended in 2015– Compensatory and Vindicatory Damages

Negligence – Motor vehicle accident while claimant being trained to drive employer’s bus – Employer’s Liability – Duty of care owed by an employer to an employee – Whether employer provided employee with a safe system of work – Whether employer should have trained an employee who had no driver’s licence and no prior experience in driving – Whether employer provided employee with adequate training – Whether driving instructor did all that he reasonably could do to assist the claimant to avoid the accident – Defence of contributory negligence and volenti non fit injuria – Whether claimant hee

Application for summary judgment – Application to strike out statement of case -  Whether defence is a bare denial  – Whether defence of inevitable  accident established - Liability for negligence 

Civil Procedure - Relief from Sanction - Whether the application was promptly made - Whether the failure to comply was not intentional - Whether there is a good explanation for the failure to comply

Application challenging the jurisdiction of the court to hear the claim - Whether the failure of the Claimant to serve the prescribed notes to the Defendant and form of defence with the claim form during the life of the claim is a nullity - Whether amendments made after the expiration of the limitation period should be permitted to stand - The duty of a litigant to pursue his claim and to take all reasonable steps to secure a date for the hearing of the application - The requirement to file an application and a supporting affidavit simultaneously.