2023

Civil Procedure – Striking out – Application to strike out claimants’ statement of
case – Whether the claimants’ statement of case ought properly to be struck out –
The Doctrine of Res Judicata- Whether the claimants’ statement of case as framed
constitutes an abuse of the process of the court – Whether the claimants’ statement
of case is frivolous and vexatious – Whether the claimants’ statement of case
discloses any reasonable grounds for bringing the claim

ASSESSMENT OF DAMAGES – Negligence – Personal injury – Employer’s
liability - Whether Employer provided a safe system of work – Novus actus
interveniens – Should a Defendant be liable for adverse outcome of a surgery –
Handicap on the Labour market

Application to set aside Default Judgment – Real Prospect of Success – Importance
of Prompt Application and Good Explanation – Question of prejudice against
Claimant who is now deceased – Overriding objectives

Motor Vehicle Accident – Negligence – Res Ispa Loquitur – Apportionment of
Liability -- Assessment of Damages.

Assessment of Damages – Mechanical back pain – Lumbago – Paraspinal muscle
strain – Pain and suffering – Loss of amenities – Significance of no impairment on
award for general damages – Relevant considerations for award of loss of earnings.

Constitutional law – Standing to commence constitutional claim – Whether company has locus standi to commence a claim for constitutional redress under section 19(1) of the Charter of Fundamental Rights and Freedoms in its own right - Whether a company can claim environmental rights under the Charter of Fundamental Rights and Freedoms - 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 practice and procedure - Application to register foreign order - Whether order from Florida Court capable of registration under the Judgments (Foreign) (Reciprocal Enforcement) Act - Application to enforce disclosure order of a Foreign Court - Whether or not interim disclosure order from a Florida Court capable of enforcement in Jamaica at common law - Application to register foreign order - Proper procedure to utilise to initiate application - Whether fixed date claim form to be used or application for Court Order in Form 7

Assessment of Damages – Nominal Damages for Loss of Use of Motor Vehicle – Pain and Suffering with whiplash injury with 10% PPD – Whether a claim for handicap on the labour
market should be specifically pleaded

ASSESSMENT OF DAMAGES – Personal Injury – Motor vehicle accident – Loss of
earnings – Proof of specific damages – Pre-existing condition - General damages –
Relevant considerations

Application to strike out portions of first claimant’s affidavit