2023

Application for a Stay of Civil Proceedings - Rule 26.1(e) Civil Procedure Rules, 2002 – Disclosure in criminal proceedings - Whether there is a real as opposed to a notional risk of serious prejudice - Right of silence in criminal proceedings – Real risk of injustice

Mortgage – Duty of Mortgagee exercising Power of Sale – Whether property sufficiently described in advertisement - Valuation

Specific Disclosure - Rules 28.1, 28.6, 28.7 considered - Striking out for non-compliance with previous ordered - Rules 26.3 (1),26.4(1) and 28.14 (2) considered - Unless Orders

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.