2025

Negligence - Liability for motor vehicle collision - Personal injury - Assessment of damages.

Negligence - Liability for motor vehicle collision involving motorist and pedestrian - Contributory negligence - Assessment of damages

CIVIL PROCEDURE: Claimant’s failure to file and serve witness statement and list of documents within the relevant time - Rules 29.11 and 28.14 of the Civil Procedure Rules (CPR) - Application for relief from sanctions - Whether the relevant witness statement and list of documents were filed and served within time as prescribed or whether any sanction applies, and if so, what sanction applies - Whether the application for relief was filed promptly - Whether the application for relief, filed, is supported by evidence on affidavit - Whether the failure was unintentional - Wh

Negligence - Liability for motor vehicle collision at intersection - Personal injury - Contributory negligence - Assessment of damages.

Criminal Law - Change/Withdrawal of Plea – Principles arising from R v Dodd (1981) 74 Cr App R 50 and summarised in Shadrach Momah v R [2011] JMCA Crim 54 – Whether the Court should exercise its discretion to allow an accused to change his plea of guilty to one of not guilty

Judicial Review – Certiorari – Decision Made By Ultra Vires.

Injunction - Application for interim injunctive relief – Application to strike out or stay claim and for disclosure – Whether consent judgment entered in St. Lucia dispositive of claim – Whether Defendants to be restrained from treating with company assets - Whether valuation done in St Lucia fair - Whether misrepresentation or fraud - Whether failure to answer valuer’s requisitions ground for complaint - Whether issues more appropriately litigated in St Lucia.

Damages - False Imprisonment – Malicious prosecution and assault.

Interlocutory injunction - Estate Gordon 'Butch' Stewart - Testator devised company shares and assets giving detailed instructions to executors - Directors meeting called - Whether a director and beneficiary has locus standi to prevent the directors meeting - Section 213A Companies Act - Whether anticipated oppressive act can be restrained. 

Property Rights of Spouses - Division of Property – Variation of Half Share Rule.