2024

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.

Application for leave to apply for judicial review - Immigration Officer placed on interdiction – Whether improper delegation of authority – Whether there was one continuous illegal act against which time did not begin to run - Subjective state of
mind of the applicant, and his decision to delay challenge not relevant to the application of rule 56.6(1) - An act does not extend over a period simply because the act has ‘continuing consequences’ - Delay bars grant of leave - Threshold test
failed.
Part 56 Civil Procedure Rules

Defamation – Press release containing defamatory imputations against the claimant – Meaning of words published – Implications – Innuendo .
Burden – Burden of proof – Standard – Standard of proof – Whether the intention of the defendants is relevant.

Defence – Defence of fair comment – Defence of qualified privilege.
Damages – Principle of compensation to an individual claimant – The Defamation Act, 2013, sections 2, 3, 20(2), 20(3), 21(1), 30(1) and 30(2).

Interim Injunction - Section 22 and 23 of the Data Protection Act - Whether the Data Protection Act is Breached