Application to strike out Claim - Whether the Claimants failed to set out their case- Claimants served Amended Fixed Date Claim Form with Notice of Application for Court Orders with one affidavit - Whether the Claimants failed to serve Affidavit in Support of the Fixed Date Claim Form - Certificate of Next Friend not served-Whether Appropriate case for striking out - Whether the Claimant’s Statements of Case discloses any reasonable Ground for bringing the Claim. Rules;5.2;8.1;8.2;8.8;8.9,23.3;23.6-9;56.9;56.13
Assessment of damages - Pain and suffering and loss of amenities - Loss of earning capacity - Whether claimant has adduced sufficient evidence for an Award.
Locus standi - Whether the action is brought as a relator’s claim - Whether the claimant has the locus standi to bring the claim (Rule 8.12). Breach of Contract - Whether there is a valid contact between the parties - Whether the contract is void for illegality. Negligence - Bailor - Bailee - Whether the defendant/bailee owed a duty of care to the claimant/bailor - Whether the defendant breached his duty of care - Damage to property.
Application to Dismiss for want of prosecution - Abuse of the process of the court - Whether there is inordinate inexcusable delay - Whether there is or will be incurable prejudice - Whether a fair trial is possible - Rule 1.1 - Rule 26.3 of the Jamaica Civil Procedure Rules (CPR).
Negligence - Motor vehicle collision - Personal injuries - Damages to motor vehicle
- whether the defendant is liable - Whether the claimants are contributory negligent. Assessment of Damages - Special damages - Whether loss of earning - Loss of future earnings should be strictly proven - Loss of earning capacity - Whether multiplicand/multiplier approach is appropriate - Pain and suffering and loss of amenities.
Motor vehicle accident - Assessment of damages - Future care - Pain and suffering and loss of amenities - Four medical doctors - Four conflicting assessment of impairment.
Application for extension of time to apply for leave for Judicial Review - Whether the application was made promptly - Whether there is good reason to grant the extension of time - Where there will be substantial hardship or prejudice to the rights of any person - Whether there is an arguable case for legitimate expectation - Whether there will be detriment to good administration.
Applications for relief from sanction trial commenced - Trial judge ruled statements of case had been struck out - Trial aborted - Applications made after trial - Whether delay inordinate - Whether there are good explanations for the delay - Rule 26.8., CPR.
