2024

Division of Matrimonial Property – Properties located in Jamaica, Spouse residing overseas – The Limitation of Actions Act – Whether registered co- owner dispossessed – The Property (Rights of Spouses) Act – Whether applicable if co-owner dispossessed.

Matrimonial Property - Division of family home and other matrimonial property – Marriage of long duration'

Assessment of damages – Special damages - General damages - Pain and suffering and loss of amenities.

Assessment of damages – General damages - Pain and suffering and loss of amenities – The cost for post surgery.

Assessment of Damages

Assessment of damages - Detinue – Breach of fiduciary duty - Equitable damages

The property (Rights of Spouses) Act, S. 13(2) – Application for Extension of time to bring a aclaim for division of property - Factors to be considered by the Court - Parties unmarried - Merits of the case - Whether the applicant was the spouse of the respondent - Whether the applicant was a single woman and the respondent a single man - Whether the parties co-habitated as man and wife.

Civil procedure - Sections 152, 158, 162 and 168 of the Registration of Titles Act - Sections 3, 4 and 27 of the Limitation of Actions Act - Whether the Claim is statute barred - Whether the Defence of laches is available - Whether properties owned by the Claimant were fraudulently transferred to the 1st Defendant- Evidence of handwriting experts.

Negligence - Personal injury claim – Whether claimant should be permitted to amplify his witness statement under CPR 29.1 (a) – Whether claimant permitted to rely on documents not previously disclosed - Whether claimant has proven breach of duty under the Occupiers’ Liability Act - Whether causal connection between injury and alleged breach of duty.

Damages - Motor vehicle accident - Entering a major road from a minor road - Whether the defendant liable in negligence for injuries suffered by the claimant - Muscle spasm, pains to neck and wrists - Assessment of damages - Whether award should be made for diminution of earning capacity - Whether claimant failed to mitigate his losses.