The Hon. Mrs. Justice Lisa Palmer Hamilton

Civil Practice & Procedure – Adverse Possession – Whether the Defendant
adversely possessed the property – Whether the Claimant is entitled to the entire
legal and beneficial interest in the property – Equitable Remedy – Does the
Defendant have a beneficial interest in the property – Constructive Trust

Civil Practice & Procedure - Negligence- Breach of Duty of Care – Duty to Provide a Safe System of Work – Occupiers’ Liability Act – Breach of Statutory Duty of Care – Contributory Negligence – Assessment of Damages – Loss of Earning Capacity

CIVIL PRACTICE & PROCEDURE - Section 14 of the Property (Rights of Spouses) Act – Division of property other than the family home – Considerations under section 14 (2) and (3) of PROSA – Section 15 of PROSA – Partition Act – Occupation Rent – Principles upon which an award is made – No ouster – Defendant undertaking not to occupy jointly owned property.

CIVIL PRACTICE & PROCEDURE - Sections 139 and 140 of the Registration of Titles Act – Caveat against dealings – Service of Notice to Caveator – Where a caveat has lapsed what are the implications.

Criminal Law - Change/Withdrawal of Plea – Principles arising from R v Dodd (1981) 74 Cr App R 50 and summarised in Shadrach Momah v R [2011] JMCA Crim 54 – Whether the Court should exercise its discretion to allow an accused to change his plea of guilty to one of not guilty

Civil practice and procedure - Striking out statement of case – Claim is frivolous, vexatious or otherwise an abuse of the process of the Court – Rule 26.3 (1) (b) of the CPR – Henderson v Henderson principle – Consolidation – Rule 26.1 (2) (b) of the CPR - Costs.

Civil Practice & Procedure - Application for interim inunction – Requirements for the grant of an interim injunction – Part 17 of the Civil Procedure Rules 2002, as amended – Trademark infringement under section 9 (3) of the Trade Mark Act – Likelihood of deception or confusion– Unfair advantage and detriment to distinctive character and reputation – Passing off

Civil Practice & Procedure – Tort – Passing Off – Whether the Defendant has breached the tort of passing off by using the name ‘Jungle Fiah’ – Elements of Passing Off – Whether the Claimant has established goodwill or reputation in the name “Jungle Fyah” – Whether the Claimant has demonstrated a misrepresentation by the Defendant to the public by using the name ‘Jungle Fiah’ – Whether the Claimant suffered or is likely to suffer damage due to misrepresentation – What remedies, if any, are available to the Claimant - Remedies – Whether the Claimant is entitled to an Order for recovery of

Civil Practice & Procedure -  Striking out statement of case – No reasonable ground for bringing the claim – Claim is frivolous, vexatious or otherwise an abuse of the process of the Court – Civil Procedure Rules 26.3 (1) – Extension of time to file defence – Application for Interim Injunction

Civil Practice & Procedure - Negligence – Breach of duty of care – Duty to provide a safe system work – Occupier’s Liability Act – Breach of statutory duty of care – Credibility of witnesses – Contributory negligence – Assessment of damages – Handicap on the labour market