2024

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.

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.

Negligence - Motor vehicle accident - Whether the defendant liable in negligence for injuries suffered by the claimant - Whether the claimant has established that the defendant breached his duty of care.

Custody - Children - Custody of Child where previously retained in Foreign Country - Ordered to be returned to Parent with whom normally resided in Jamaica.

Limitation of Actions – Land – Registered land – Trespass – Right to possession of land – Injury to possessory rights – What is deemed to be possession of land – Actual possession – Intention to possess land and the exercise of control over it to the exclusion of other persons – Nature and character of land – Unlawful and unjustifiable presence on land in the possession of another – Whether the 
claimant has proven that the defendant’s actions amount to the tort of trespass – Burden of proof – Standard of proof – Balance of Probabilities
Defence – Defence to trespass

Family Law – Mental Health Act - Managing the Affairs of a Patient under the Mental Health Act – Nearest Relative – Examining Medical Evidence Presented – Mental Health Act sections 2, 3 and 29

Company Law - Section 115 of the Companies Act - Breach of Agreement - Whether the Claimant is the beneficial owner of shares in the 3rd Defendant - Whether the share capital of the 3rd Defendant should be rectified pursuant to section 115 of the Companies Act

Civil Procedure - Application for Summary Judgment on part of claim- Part 15 Civil Procedure Rule, 2002 - Whether the Defendants have a real prospect of successfully defending the claim - Whether the Claimant is entitled to summary judgment of the claim.