2023

Civil Practice & Procedure - Negligence – Breach of duty of care – Duty to provide a safe system work – Occupier’s Liability Act – Breach of statutory duty of care – Credibility of witnesses – Contributory negligence – Assessment of damages – Handicap on the labour market

Sections 55, 56, 57, 58, 84, 85, 86, 87 and 89 of the Proceeds of Crime Act - Parts 10 and 12 of the Civil Procedure Rules, 2002- Application for Leave to Enter Judgment in absence of Defence - Civil recovery orders- Recoverable property - Unlawful conduct

Civil Practice & Procedure – Application for Relief from Sanction – Whether Application Made Promptly – Whether Attorney Being Unwell is to be considered as part of the question of the promptness of an Application for Relief from Sanction.

Legitimate Expectation – Legitimate Expectation giving rise to a substantive right – What are the Claimants required to prove to establish a substantive Legitimate Expectation 

Tort – Malicious Prosecution – Wrongful Interference with Chattels/Goods – Detinue – Conversion – Whether motor vehicle was wrongfully detained – Whether there was reasonable and probable cause – The Transport Authority Act section 13; 13A; 15 and 16A – The Road Traffic Act sections 61(4A) and 61(4B) 

Civil Practice and Procedure – Applications to Strike Out Claim – Application to Strike Out Claim Started by Fixed Date Claim Form – Whether Striking out is Appropriate – Whether or not Claimant has Standing to Bring the Claim – Whether or Not the Claimant Can Bring this Action in a Representative Capacity – Whether or not that Capacity has Been Established – Whether or Not Claimant is the Appropriate Party to Seek the Relief Claimed – Whether or not Claimant has Demonstrated that His Substantive Rights were or are about to be Breached by the actions of the Defendants to Entitle him to Decl

Trial – Application for adjournment –Whether the Case Management Conference Judge can sit as the trial Judge – Fast Track Court, the Docket System and the role of the Case Management Conference Judge

Civil Procedure – Notice of Application for Court Orders to Strike Out Claim – Abuse of Process – Summary Judgment – Contra Proferentem Rule – Constructive Trust – Ambiguity – Limitation of Actions Act, s. 34 and 46 – Civil Procedure Rules, 1.1, 3.12, 15. 5(2), 15.5(5) and 26.3. 

Land Law – Recovery of Possession of Property – Whether the Title Holder is the Legal Owner of the Disputed Property –Whether the registered title is extinguished by the operation of the Limitation of Actions Act – Section 3 and 30 of the Limitation of Actions Act- Proprietary Estoppel – Whether the Claimant can rely on proprietary estoppel

Tort – Detinue – Motor vehicle documents seized by the servant and/ or agent of the Transport Authority of Jamaica – Motor vehicle documents misplaced while in the custody of the servants and/or agents of the Transport Authority of Jamaica – Constitutional Claim - Vindicatory Damages – Exemplary Damages