2024

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.

Injunction - Application for Interim Injunction pursuant to Section 49(h) of the Judicature (Supreme Court) Act - Rules 17.1(a), 17.1(4) and 17.2 of the Civil Procedure Rules, 2002 - Whether there is a serious issue to be tried – Whether damages an adequate remedy - Balance of convenience - Preservation of status quo.

Judicial Review – Application for leave – Television station holder of exclusive
broadcasting rights to English Premier League matches – Customer complaints to
Regulator that applicant advertised matches not broadcast online - Regulator
decided applicant engaged in misleading advertising as matches not broadcast as
advertised – Suitability of alternate remedies – Grounds and evidence relied on by
applicant must disclose arguable case – Failing test of arguability is a bar to grant
of discretionary relief

Civil Procedure Rules – Rule 13.3 – Setting aside default judgment – Whether affidavit sworn to by a party’s attorney-at-law amounts to an affidavit of merit – Rule 21.7 – Application to appoint representative of estate of deceased defendant – Whether sufficient proof of death in the absence of a death certificate – Whether Administrator General fit and proper person to be appointed as administrator ad litem.

Whether later Will was validly executed and revoked earlier will – Expert evidence that later Will was a forgery.

Civil Procedure – Rule 26.3 of Civil Procedure Rules – Whether claim is an abuse of process; section 73 of the Judicature (Parish Court) Act – Whether section 73 operates to prevent the bringing of this claim in light of previous claim filed in the Parish Court – Whether claim should be struck out as disclosing no reasonable grounds for bringing claim - Whether the 1st defendant should be removed as a party.