2023

Constitution - Power to Transfer Permanent Secretary - Legitimate Expectation-
Breach of Natural Justice – Damages – Injunction - Certiorari
Sections 1(2)(a), 1(2)(b), 93 and 126 of the Jamaica (Constitution), Order in Council
1962

Assessment of Damages – Occupier’s liability – Loss of earning capacity/handicap on the labour market – Lump sum approach or multiplier/multiplicand method – Personal injuries.

Contract for sale of land - Breach of contract - Whether there are sufficient acts of part performance by party - Equitable remedy of specific performance.

Leave to apply for judicial review - Production Order - Disclosure - Ultra Vires -
Unreasonable - Section 21 of the Cybercrime Act

Pension Schemes - Amendment Fetters - Pension Funds - Distribution of Surplus - Application of S.44(2) of the Income Tax Act

Administration of estate - Probate - Administration with will annexed - Whether the Court has the power to clarify vary or alter a previous Court order of a judge of concurrent jurisdiction which has been perfected - Error of omission in previously made order – Rule 42.10(1) - Intention of the Court in previous order - Circumstances associated with the application – Substantial delay in administration of deceased's estate - Interpretation of the words 'permitted to proceed' - Ordinary meaning of word/phrase - Removal and substitution of personal representative – Rule 68.61- Whether to clear

Settlement Agreement – Consent Order – Agreed expert required to do several valuations - Whether valuations can be set aside - Whether new expert to be appointed - Whether fraud or collusion alleged or proved - Whether failure to follow material instructions alleged or proved - Whether error or negligence a sufficient basis to set aside valuation unilaterally - Admissibility of expert evidence- Rules 32.12 and 32.13 (2) (a) – Whether an expert’s failure to comply with procedural requirements necessarily renders reports inadmissible in evidence.

Civil Practice & Procedure – Negligence – Motor vehicle collision – Duty of care – Breach of duty of care – Credibility of parties – Assessment of damages – Interest on award of damages.

Rule 53.10 - Whether contempt alleged to be committed after the grant of summary judgment is contempt committed within proceedings in the court and therefore properly commenced by application under Part 11 of the CPR.
Whether persons who are not parties to a claim may be joined as respondents in contempt proceedings commenced by application under Part 11 of the CPR.

Land - Limitation of Actions Act - Whether defendant acquired right to possessory
title - Initial possession by virtue of family arrangement - Whether claimant entitled
to declaration that she is beneficiary and part owner of property - Claimant’s
entitlement a chose in action.