2022

Judicial Review – Renewed application for leave to extend time to apply for judicial review – Whether there is a good reason to extend time – Whether the application discloses an arguable ground for judicial review

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

Injunctions - Freezing Order – Whether a real risk of dissipation has been established - Whether Search is to be permitted of computer images containing trade secrets and confidential business records by a competitor – Preservation Order – Anton Piller Order – Failure to make full disclosure.

Husband and wife - Claim for entitlement to property - Property (Rights of Spouses) Act S. 2, 6, 7, 13 and 14 - Whether the property was the family home - Ownership test/requirement - Residence test - Applicability of section 14 of the Property (Rights of Spouses) Act.

Civil Procedure – Motor Vehicle Insurance Third - Party (Risks) Act, Execution of Judgment, Rule 30 (2) of the CPR.

Real property  - Application for beneficial interest in property - Equitable remedies - Constructive trust - Proprietary estoppel - How equity to be satisfied - What effect does the deceased's Will have on the claimant's beneficial interest in the property 

Civil Procedure – Rule 13.3 of the CPR as amended [2006] – Application to set aside default judgment – Failure to file defence in time – Realistic prospect of success – Delay in making the application.

PROSA Declaration of interest - Definition of Spouse – Definition of family home

Constitution of Jamaica – Charter of Fundamental Rights and Freedoms
(Constitutional Amendment) Act- Sections 13(3)(e) and (h) – Whether the decisions
of the Office of Utilities Regulation and the Spectrum Management Authority
breached the Claimant’s right to freedom of association and right to equitable and
humane treatment.
Crown Proceedings Act- Sections 2 and 13(2)- Whether constitutional claims are
civil proceedings within the meaning of the Act - Attorney General being joined as
a Defendant

Whether claimant entitled to possession of disputed property - Proprietary
estoppel - Adverse possession - Whether ancillary claimants entitled to beneficial interest in property.