2024

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.

Civil Procedure – Court making Orders on Its own Initiative to strike out statement of case – Is there a prima facie case – Should the matter be transferred to the Commercial Courts – Civil Procedure Rules, 2002, 71.3.

Civil Practice and Procedure – Application to amend defence – Late stage amendment – Whether Amendment to defence permissible – Principles applicable to late stage amendment.

Civil Practice and Procedure – Commencement of action – Filing of claim form – Rule 8.1 – When is a claim commenced – Whether date for commencement of action can be extended under rule 3.2(5).

JUDICIAL REVIEW - Part 56 CPR –Order for Certiorari - Whether the award was illegal for being ultra vires Section 12(1), 12(4) (b), 12(4B) (b) and 12(5)(c)(i) of the Labour Relations and Industrial Disputes Act - Whether the award breached the Claimants’ right to a fair hearing guaranteed under Section 16(2) of the Charter of Fundamental Rights & Freedoms - Whether the award was unreasonable and or irrational.

Stay of taxation proceedings pending appeal - Extension of time to file points of dispute - Whether points of dispute to be filed to permit such application - Whether application for extension of time to file bill of costs permissible under CPR 65 - CPR 65(18) – CPR 65(19) – CPR 65(20)

Negligence – Motor vehicle accident - Whether there was a breach of a duty of care.

Civil Practice and Procedure – Commencement of Action – Filing of Claim Form – Rule 8.1 – When is a Claim Commenced – Whether Date for Commencement of Action can be extended under rule 3.2(5) Where the Period for Doing an Act Requiring the Court’s Action Ends on a Day When the Court’s Office is Closed.
Statutory Interpretation - Limitations of Actions Act – When Limitation Period Ends in a Case Involving a “Fraction of a Day”.

Civil Procedure - CPR 26.3(1) (b) and (c) - Application to strike out statement of case - Whether claim discloses a reasonable ground for bringing a claim in negligence or a claim for discrimination on the basis of age-Whether claim is an abuse of process.
Application for Default Judgment - Part 12 CPR.
Service of court documents other than a claim form by email.

Constitutional Law – Judicial Review – Legality of an Accountability Agreement – Constitutionality of Regulation 14(2) of the Public Service Regulations – Whether the actions of the 1st and 3rd defendants were tainted with illegality, irrationality or procedural impropriety – Right to Make Representations and Review Documentation – Obligation to Give Reasons – Legitimate Expectation – Bias – Breach of Constitutional Right to Equality Before the Law – Constitutional Damages – Costs – The Constitution of Jamaica sections 125 and 127 – The Charter of Fundamental Rights and Freedom section