2024

Civil Procedure Rules –– Application to set aside Default Judgment –– Real prospect of success ––  Year delay between acknowledgment of service and application to set aside –– Affidavit of merit and defence being provided by Counsel –– Loss of telephone and inability to communicate with Counsel –– Possible prejudice.

ASSESSMENT OF DAMAGES –– Personal Injury –– Pedestrian hit by motor vehicle –– Motor vehicle collision –– Negligence –– Pain and suffering and loss of amenities –– Special damages –– Tenderness over 9th ribs –– Fracture to 9th left rib –– Chronic Pain –– Post-Traumatic Stress Disorder –– Moderate tenderness over left and right anterior 7th ribs.

CONSTITUTIONAL LAW – The Constitution of Jamaica – The Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act, 2011, sections 13(2), 13(3)(a), 13(3)(p), 13(3)(j), 14, 16(5), 18, 19 and 49 – Whether sections 5, 8, 15, 20, 21, 23 and 25 of the DNA Evidence Act breach the Claimant’s fundamental rights and freedoms guaranteed under sections 13(3)(a), 13(3)(j), 14 and 16(5) of the Charter – Whether any breach of the Claimant’s fundamental rights and freedoms guaranteed under the Charter are demonstrably justified in a free and democratic society – Part 56, CPR.

Constitutional Law - Charter of Fundamental Rights and Freedoms - Section 16 - - Right to due process - Prohibition against retrospective application of more severe penalties.
Whether fixed penalty imposed by null and void ministerial order and upon fixed penalty notice issued pursuant to section 116 of the Road Traffic Act 1938 in excess of fixed penalty prescribed by the Act constitutes a breach of the right to due process enshrined in section 16(11) of the Charter of Fundamental Rights and Freedoms.

Civil Practice and Procedure – Court Making Order of its own Initiative – Court
proposing to make order to Strike Out Cause of Action – Whether Claimant’s Claim discloses no reasonable ground for bringing the claim for Defamation
Tort – Defamation – Defamation Act - Whether Claimants allegation that the
Defendant’s conduct and words alleging criminal conduct without specificity are
actionable.

Company law – Whether directors properly appointed – Effect of shareholders and directors not participating in company's operations  – Breach of fiduciary duty - Fraud - Handwriging expers.

ASSESSMENT OF DAMAGES – Personal Injury – Skull fracture – Facial Fractures – Blindness – Pain and suffering and loss of amenities – Special damages – Left orbit bone fracture – Traumatic optic neuropathy – Anterior based skull fracture – Injury to globe of right eye – Loss of consciousness.

ASSESSMENT OF DAMAGES –– Personal Injury –– Employee fall whilst walking on wet floor –– Negligence –– Pain and suffering and loss of amenities –– Special damages –– Post-concussion syndrome.

Recovery of Possession –– Letters of Administration –– Claim for mesne profits.