2022

Civil Procedure – Whether failure to participate in future mediation within timelines
constitutes failure to comply with unless orders – Whether there was failure to
comply with the unless orders – Whether relief from sanctions should be granted
– Alternatives to striking out – Whether costs should be awarded against the

Claimant for opposing application for relief from sanctions – Application of Civil Procedure Rules 2002: 1.1, 26.5, 26.8, 42.8, 42.9 and 64.6

Civil Procedure – Application to appoint personal representative –– Whether application to appoint personal representative is properly before the Court –

Criteria for appointing personal representatives – When can the court exercise its power to appoint a personal representative - Application of Civil Procedure Rules 2002: 21.1, 21.2, 21.3, 21.4, 21.7 and 30.3

Whether claimant a common law spouse – Whether claimant has acquired an
interest in disputed property – Whether a constructive trust arises in favour of the
claimant.

Civil Procedure - CPR 64.6 - Renewed application for leave to apply for order of certiorari to quash criminal proceedings refused - Previous decisions of the court indicating similar applications inappropriate - Whether renewed application an abuse of process - Whether wasted costs order to be made against counsel.

Application to strike out – CPR rule 26.3(1) - Application for Summary Judgment - CPR rule 15.2 - Privity of Contract – Subsidiary company – whether separate from parent company – Forum Non Conveniens – Exclusive jurisdiction clause in contract

In Admiralty- CPR 17.6(1)(d), 28.1(4), 28.6, 28.7, 34.2 - Interim Payment - Request for Further Information - Specific Disclosure - Litigation Privilege.

Whether claimant entitled to disputed property - Whether executor in breach of
fiduciary duty - Whether executor negligent – Whether defendant has intermeddled
in the estate of deceased - Whether claimant is entitled to an accounting.

Injunctions - Part 17 of the CPR - Procedural Irregularity - Failure to Comply with CPR rule 8.8(2)(a) - CPR rule 26.9 - Res judicata - Estoppel

Contract for fee sharing between Attorneys - Whether mere referral - Breach of Canon IV (g) of the Legal Profession (Canons of Professional Ethics) Rules - Whether contract is unenforceable by reason of public policy – Attorneys’ fees in the administration of estate

Constitutional law – Fundamental rights – Redress – Constitutional claim challenging the lawfulness of bauxite mining activities on the part of the defendants – Breach of fundamental rights – Right to life – Right to receive information – Right to reside in any part of Jamaica – Right to enjoy a healthy and productive environment free from the threat of injury or damage from environmental abuse and degradation of the ecological heritage – Right to protection from degrading treatment.