2023

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

Trial – The Rode Code - motor vehicle accident – turning from major road on to minor road – duty of care of drivers and pedestrians - contributory negligence –apportionment of liability – fracture to both arms – quantum of damages

Insurance – Whether Striking out or Summary Judgment – Motor vehicle collision – Release and discharge executed not honoured – Fraudulent misrepresentation alleged by insurer – Burden of proof – Whether Accord and Satisfaction – Whether Breach of contract with claimant  - Civil Procedure Rules 10.5(1),(4),(5), 15.2(b), 26.3(1)(a),(c),(d) & 74.4 Motor Vehicle (Third Party Risks) Act, sections 4,8 & 18