2023

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

Negligence – Motor Vehicle Accident – Motor Car and Pedal Cyclist – Credibility of Parties – Contributory Negligence – Whether the then minor Claimant was contributory negligent – Assessment of Damages – General Damages – Future Medical Care – Special Damages – Counterclaim – Agency – Relationship between Principal Actor and Third-Parties – Road Traffic Act s. 51 

Application to remove caveat – Injunction - Whether there is a serious issue to be tried - Whether damages are adequate –  Balance of convenience – Specific performance - Breach of contract.

Whether the Claimant is entitled to payment of sums due and owing under the Defendant’s Pension Scheme - Limitation of Actions Act - Whether Claim is statute barred - Whether the Claimant is entitled to Damages for Fraud

Civil Procedure: Part 65 – Taxation Proceedings- Default Costs Certificate - Application to set aside - Rule 65.22 (2) – Whether default costs certificate was properly issued - Rule 65.22 (3) – Whether good reason exists to set aside.

Civil Practice & Procedure - Defendant not permitted to rely on any witness statement – Undisputed evidence – Quantum of Damages to be awarded – Damages for False Imprisonment – Damages for Malicious Prosecution – Aggravated and Exemplary Damages – Special Damages

Whether claim is an abuse of process - Constitutional law - Section 16(2) of the Constitution - Right to Due Process - Public Service Regulations - Jamaica Library Board Administrative Rules Governing Disciplinary Procedure Affecting Permanent Officers and Employees – Withholding of salary on interdiction – Stay of Disciplinary Proceedings – Remedy for breach of constitutional rights.

CONSTITUTIONAL LAW – The Constitution of Jamaica – The Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act, 2011, sections 13(2) and (3)(j)(iii), 16(2) & 19 – Whether section 21 of the Cybercrimes Act breaches the Claimant’s fundamental rights and freedoms guaranteed under section 13(3)(j)(iii) of the Charter – Whether any breach of the Claimant’s right to privacy guaranteed under section 13(3)(j)(ii) of the Charter are demonstrably justified in a free and democratic society – Whether breach of Claimant’s rights guaranteed under section 16(2) – Proportionality - Pr

Civil Practice & Procedure - Company Law – Section 213A of the Companies Act – Conduct that is oppressive and/or unfairly prejudicial and/or unfairly disregards interest of shareholder, director or officer of the company – Reasonable expectation – Appropriate Remedy 

Civil Practice & Procedure – Application for Relief from Sanction – Whether Application Made Promptly – Whether Issues of Instructions and Retainer Between Counsel and Client is to be considered as part of the question of the promptness of an Application for Relief from Sanction – Whether or not Counsel’s Failure to Comply with Case Management Orders Due to Issues with their Client Shows that the Failure to Comply was Unintentional – Whether Issues of Instruction and Retainer Between Counsel and Client is a Good Explanation for Non-Compliance.