Civil Practice & Procedure - Breach of Contract – Fraud – Whether the purported agreement is fraudulent – Whether the purported agreement is therefore valid – Whether there exists sufficient acts of part performance in relation to the alleged oral agreement – Damages for breach of contract – Quantum Meruit basis
Civil Practice & Procedure - Application for Prohibitive Injunction – Notice of the application to be given to the Respondent – Factors to be considered when granting an injunction – Whether there is a serious issue to be tried – Whether damages is an adequate remedy – Balance of convenience
Civil Practice and Procedure - Preliminary Point – Doctrine of Res Judicata – Striking Out Statement of Case – Abuse of Process – Civil Procedure Rule 26.3 (b)
Company Law - Civil Practice and Procedure – Civil Procedure Rule 27.2 (8) – Fixed Date Claims (First Hearings) – Section 212 of the Companies Act – Application for Leave to bring Derivative Action in the name and on behalf of the company – Statutory requirements to be met (reasonable notice, good faith & appears to be in the interest of the company) – Section 213 of the Companies Act – Court’s Powers.
Civil Practice & Procedure - Application to Dismiss Claimant’s Case for Want of Prosecution – Rule 26.3 of the Civil Procedure Rules – Rule 26.1 (2) (v) of the Civil Procedure Rules – Court’s Overriding Objective – Rule 1.3 of the Civil Procedure Rules
Civil Procedure - Application for a final charging order – Whether mortgage pursuant to loan agreement ranks ahead of provisional charging order – Nature of mortgage – Nature of provisional charging order – Whether interested person, part 48 – Civil Procedure Rules (CPR).
Civil Practice and Procedure – Striking Out Statement of Case – Rule 26.3 (1) (a), 26.3 (1) (b) and Rule 26.3 (1) (c) of the CPR – Application for Summary Judgment on Defendant’s Counterclaim – Rule 15.2 of the CPR
Constitutional Law - Constitution of Jamaica - Charter of Fundamental Rights and Freedoms - Sections 13 (3) (a), (c), (d), (e) and 16 (2).
The Legal Profession Act - Sections 3, 11 and 12 (7) - Legal Profession (Canons of Professional Ethics) Rules - Advertising regulations comprised in canons II (d) (ii), II(e), II (h), II (i), II (j), II(k) and II(l).
Civil Practice and Procedure – Freezing Order Application – Rule 17.1 (1) of the CPR – Appointment of Receiver after Judgment – Rule 51 of the CPR – Whether Freezing Order can be granted against 3rd party.