2024

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 13(3

Trial – Sale of apartment – Legal and equitable interest acquired in property – No receipts evidencing sale – Notice to Quit

Trial – Motor vehicle accident – Liability – Negligence.

Civil Procedure –– Application to enter Default Judgment –– Application for Defence to stand –– Application for Extension of time to file Defence –– Relevant considerations –– Whether the delay was lengthy and inordinate –– Whether a good explanation/reason was provided –– Whether Defence has a real prospect of success –– Locus Standi –– Whether a ‘Second Executor’ can commence an action in another estate.

Personal injury claim – Whether claimant should be permitted to amplify his witness statement under CPR 29.1 (a) – Whether claimant permitted to rely on documents not previously disclosed - Whether claimant has proven breach of duty under the Occupiers’ Liability Act- Whether causal connection between injury and alleged breach of duty.

Civil Practice and Procedure – Application to Set Aside Default Judgment – CPR Rule 13.3 – Whether or not the Defendants have a Defence with a Real Prospect of Success

Recovery of Possession – Adverse Possession – Sections 3, 4(a) and 30 of the
Limitation of Actions Act – Whether or not the Claimant’s Title has been
Extinguished – Whether or not the 1st and 2nd Defendants were in sole, exclusive
occupation of the property.

Civil Practice and Procedure – Application for Summary Judgment – Whether the
Defendant has a Defence With a Real Prospect of Success in Whole or in Part
Concerning Whether or not the Claimant was Involved in the collision or injured
in the Collision

Civil Procedure & Practice –– Contract Law –– Breach of Contract –– Elements of a Contract –– Specific Performance – Proprietary Estoppel – Possessory Title - Unjust Enrichment –– Absence of Documentary Evidence –– Sale Agreement.