The Hon. Mr. Justice Leighton Pusey

Civil Procedure – Court making Orders on Its own Initiative to strike out statement of case – Is there a prima facie case – Should the matter be transferred to the Commercial Courts – Civil Procedure Rules, 2002, 71.3.

Judicial Review – Was the vehicle uncustomed goods – Locus Standi – Can the court make orders about the Claimant’s equitable rights in the absence of the legal owner – Was the vehicle unlawfully seized by the agents of the Jamaica Customs department – Abuse of Process – The Customs Act, s. 2, 19, 91, 210, 219 and 259.
Costs – No Orders as to Costs – Civil Procedure Rules, 2002, Part 64

Tort – Negligence – Vicarious Liability – Injury on worksite – Employee Contract – Is the claimant an independent contractor – Occupier’s Liability – Effect of Settlement Agreement – Misrepresentation – Occupier’s Liability Act, section 3.

Notice of Motion – Procedural Difficulties – Whether constitutional relief can be sought by way of Notice of Motion – Bias – Whether there were actual incidents of bias – Civil Procedure Rules, 2002, 56.9

Judicial Review – Jurisdiction of the Registration Appeals Tribunal – Was there a refusal by the Board to register the applicants as pharmacists – Competence – Does the Registration Appeals Tribunal have the power to make a decision after the expiry of its term in office – Conduct of the Appeal Hearing – The Pharmacy Act, s. 4, 11, 15 and 16, First Schedule s. 9 and Second Schedule s.8 

Civil Procedure – Notice of Applications for Court Orders – Summary Judgment – Striking Out of Statement of Case – Claim for Recovery of a Specified Sum – The Effect of Unless Orders – Whether an Attorney can rely on their own affidavit – Defence of Limitation – Whether the Claimant has a realistic prospect of successfully bringing the Claim – Court Making Orders On Its Own Initiative to Strike Out Statement of Case – Whether statements of case discloses reasonable grounds to bring or defend the claim – Costs – Limitations of Actions Act, section 46 – The Legal Profession (Canons of Profess

Civil Procedure – Whether claim can proceed where the enactment upon which the claim is premised is not stated – Whether Claimant’s statement of case is sufficient – Prejudice – Overriding Objective of the Court – Exclusion of Hearsay Document – Civil Procedure Rules 1.1; 8.7; 8.8; 8.9; 26.9 and 29.1

Criminology – Detention – Review of Inmate Held at the Governor General’s Pleasure – Mentally Disordered Applicant – Applicant Deemed Detained at the Court’s Pleasure – Jurisdiction of the Court to Review Detention – Whether Applicant should be released unconditionally

Property Law - Proprietary estoppel – Adverse possession – Exclusive possession – Actual possession – Sufficient unequivocal acts of ownership – Whether a mere notice interrupts possession of property.

Civil Practice & Procedure – Notice of application – Striking out statement of Case – No reasonable cause of action – No reasonable ground for bringing the Claim – Termination of banking services with reasonable notice – Whether the claim is bound to fail – Whether the Defendant had reasonable cause to close the Claimant’s bank account – Proceeds of Crime Act, section 92 – Civil Procedure Rules, rule 26.3(1)(c)