Application for rectification of contract - Alleged mistake when drafting third party release agreement - Whether the third party release agreement as executed between the claimant and 2nd defendant evinced the true and common intention of the parties - Whether common or unilateral mistake was made in the drafting and preparation of the agreement - Whether the court can exercise its equitable jurisdiction to rectify the instrument of agreement to reflect the true and common
Application for rectification of contract - Alleged mistake when drafting third party release agreement - Whether the third party release agreement as executed between the claimant and 2nd defendant evinced the true and common intention of the parties - Whether common or unilateral mistake was made in the drafting and preparation of the agreement - Whether the court can exercise its equitable jurisdiction to rectify the instrument of agreement to reflect the true and common intention of the parties - Whether the agreement should be set aside - Whether the agreement as executed by the partie
Claim for recovery of damages for false imprisonment and malicious prosecution
- Whether the defendant had imprisoned the claimant or whether the claimant was detained by the police - Whether the claimant was imprisoned in the absence of reasonable and probable cause - Whether the defendant
had prosecuted the claimant - Whether the claimant was prosecuted in the
absence of reasonable or probable cause - Whether the prosecution of the
claimant was actuated by malice.
Application to set aside default judgment – Alleged failure to serve claim form - Whether a delay in filing the application should result in the failure of the application – Whether the defendant has a defence which has a realistic prospect of success - Whether a draft defence attached to an affidavit is sufficient – Hearsay
Application for guardianship order – Applicant who is a close blood relative of the relevant child – Applicant resides overseas – Child’s biological mother purportedly
Judicial Review – Statutory interpretation – Illegality – Whether the authority acted illegally –Irrationality – Whether the authority acted irrationally – Whether illegality and irrationality are equated in law – Effluent(s) – Absence of meaning in the Act – Use of a dictionary meaning – Secondary dictionary meaning – Environmental permit – Environmental licences – Object and purpose of the statute – Relationship between primary and subsidiary legislation – Presumption of correctness in statute – Whether provisions are mandatory or discretionary – Whether regulations are ultra vires the pr
Application to challenge the jurisdiction of the court – Acknowledgement of service filed – Whether there exists a binding agreement between the parties albeit unsigned – Whether Jamaica is forum conveniens – Whether the court should exercise its discretion to allow the hearing of the matter to continue in Jamaica
Application for leave to challenge environmental, planning and building permits granted by Kingston and St. Andrew Municipal Corporation - Multi-family development - Grounds for application - Bias – Irrationality - Illegality - Natural Resources Conservation Authority Act - Building Act
Claim for an equitable interest – Proprietary estoppel – Promissory estoppel Claim for beneficial interest – Burden and standard of proof – Adverse possession against a party who no longer has title – Claim based on adverse possession – Whether claimant was a licensee - Whether the provisions of PROSA apply to disputed property – Proprietary/Promissory estoppel – Application for a declaration of spouse – Whether the deceased was a single man for the material period – Credibility of witnesses – Costs – The appropriate costs order to be made in respect of these matters