2024

Application for security for costs against company – Section 388 of the Companies Act 2004

Contempt Proceedings - Breach of Injunction- Motion for Committal - Part 53 Civil Procedure- Civil Contempt - Standard of Proof - Purpose of injunction

Application for leave to apply for Judicial Review - Application for extension of time to apply for leave for Judicial Review - Failure to pursue alternative remedy - Legitimate Expectation - Section 18 of the Pilotage Act - Expediency.

Tort – Wrongful interference with goods – Detinue – Conversion – Whether there was a wrongful taking, detaining and disposal of the claimant’s property

Civil Procedure - CPR 13.2, 13.3 - Whether default judgment should be set aside because particulars amended after the default judgment was entered - Whether default judgment should be set aside because amended particulars were not served personally on the Defendant - CPR 39.6 - Whether judgment on assessment should be set aside as notice of assessment not served on Defendant  - Notice of assessment served by registered post - Service by registered post.

Civil Procedure - Claimant’s Application to Vary Order - Rule 26.1(7) - Slip Rule - Rule 42.10 - Extension of the Validity of the Claim Form - Claimant requesting 4th and 5th Extensions on the Validity of the Claim Form - Rule 8.15 - Specified Method of Service - Rule 5.14

Limitation of Actions – Adverse possession – Land – Registered land – Tenancy-in-common – Co-owners hold interest in land as tenants-in-common – Extinction of title of registered co-owner – Whether the now deceased co-owner was dispossessed of his interest in the land prior to his death – Whether the estate of the now deceased co-owner was dispossessed of his interest in the land subsequent to his death – Whether the interest of the now deceased co-owner passed to his estate upon his death – Whether the claimant has proven that she has been in open and undisturbed possession of the land for

Application to strike out claim against the 2nd defendant - Whether Summary Judgment should be entered in favour of the 1st defendant on the counterclaim – Whether specific performance should be granted in respect of contract to sell land – Whether damages should be awarded in addition to specific performance – Whether damages too remote – Whether costs should be summarily assessed – CPR 65.7 and 65.9

Whether to stay civil proceedings pending the outcome of an investigation by the Fair -Trading Commission into allegations of breaches of the Fair Competition Act – Whether to extend time to file defence – The Fair Competition Act

Judicial Review – Application for leave - Whether a member of the Jamaica Constabulary Force can record his/her own statement as both its maker and recorder – Parish Judge committed accused to stand trial in Circuit Court – Whether statutory requirements for committal on paper complied with – Whether insufficiency of evidence or error in reception of evidence – Statutory interpretation.

Committal Proceedings Act, Committal Proceedings Rules, 2016, Part 56 Civil Procedure Rules.